JoeDirtPharmD Posted April 30, 2005 Report Share Posted April 30, 2005 Just waiting for the final word from TU before I file. Thought I would post on here to get any last minute feedback/critiques. My appreciation to Xan for the verbage in incorporating my Fed and State violations. Link to comment Share on other sites More sharing options...
JoeDirtPharmD Posted April 30, 2005 Author Report Share Posted April 30, 2005 Found some minor edits, but got to thinking...should I, can I.....since I DON'T need the money and I find this endeavor therapeutic in some fashion..... also file or include the AKA's: Asta Auto Receivables Company E.R. Receivables Corp., LLC RAC Acceptance Corp., LLC Palisades Collection, LLC Asta Funding Acquisition I, LLC Asta Funding Acquisition II, LLC Asta Funding Acquisition III, LLC Computer Finance, LLC Asta Funding.Com, LLC Topps Promotion, LLC Asta Commercial, LLC Asta Business Credit, LLC Palisades Acquisition I, LLC Palisades Acquisition II, LLCMaybe I should also file against Israel Discount Bank of New York for loaning them the $20 million in 2003 to fund their little practice. They DO have a stipulation in their borrowing agreement:Exhibit 10.13Amended Loan and Security Agreement dated January 28, 2003, between the Company and Israel Discount Bank of NY. SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTSection 7. Representations and Warranties of Debtors(s) Each Debtor (Palisades, Asta, etc. etc. etc.) warrants and represents that it has not and will not violate any applicable federal or state law relating to unfair collection practices in connection with any of the Consumer Loans and Accounts, the violation of which will have a material adverse effect on any Debtor or the Collateral. Each Debtor agrees to indemnify each Indemnified Party and to hold each Indemnified Party harmless from and against any and all claims, demands, losses, damages, penalties, fines, forfeitures, judgments, legal fees and other costs, fees and expenses heretofore or hereafter incurred by each Indemnified Party as a result of (i) any breach by a Debtor of the aforesaid warranty and representation; or (ii) any acts and/or omissions by a Debtor resulting in any claim, demand or assertion that Lender or any other Indemnified Party, subsequent to the Closing Date, was in any way involved in, or had in any way authorized, any unlawful collection practices in connection with any Consumer Loans and Accounts. Each party agrees to notify the other within ten (10) Banking Days of notice or knowledge of any such claim, demand or assertion. The indemnity provisions of this Section 7(s) shall survive the repayment of theObligations.Though there's likely no reasonable way to endanger that, it would be pleasant to figure out a way for the Bank to hold Palisades' feet to the fire...Maybe I just need some sleep... Link to comment Share on other sites More sharing options...
RealtorKen Posted April 30, 2005 Report Share Posted April 30, 2005 I also added defendants to mine. Did you receive correspondances from Palisades? I named the two people that actually signed letters addressed to me as well.I would include them Link to comment Share on other sites More sharing options...
KentWA Posted May 1, 2005 Report Share Posted May 1, 2005 JoeDirtPharmD, where did you come up with the info about AKAs and the bank loan. I am preparing to to go after Pennicle and the CAs they have been sending the account to. I believe they are all inter-related since they each have an address in the very same bldg in Hopkins, MN.These other CAs send a dunning letter and violate during the DV process then go away only to be replaced by another. Pennicle has never contacted me nor answered my DV. But did talk to me about the debt when I called. Of course after that first contact initiated by me they did not send the mini-miranda. Link to comment Share on other sites More sharing options...
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