Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? Well JDP, Fair enough. Please keep in mind though, this is a message board comprised of members from all walks of life and no one gives legal advice. Further, it's a public message board, and no one should be irresponsible enough to rely on information without having confirmed it for themselves before using it. Most people here resolve their credit issues without resorting to legal action ever, and if fact, a court room is the last place they want to be. Those that do end up filing a suit, usually aren't filing in federal court. If you are going to cite caselaw, you're also going to have to provide a link, here's Chaudhry v. Gallerizzo, http://laws.lp.findlaw.com/4th/981024p.html As for those threads ancillary to the Spears case where posters state they haven't received full validation and are going to sue, if you don't believe they should or disagree that they have indeed received full validation, I believe you should feel compelled to respond to each of those threads and do so. I do understand where you are getting the "gospel truth" from referred to in your previous post. Might I suggest you author your own validation thread, link to it in your signature -- it seems to have become trendy. Sassy
Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? This is important to note for the case, and seems to be ignored by CA's everytime they cite it (one of their faves, Mahon too): Furthermore, Gallerizzo indicated at the meeting that the bank could require payment of the loan in full. Appellants' claim that Gallerizzo made a representation that was false, misleading, and deceptive is utterly without factual foundation. Given the substantial justification for its finding, the district court did not abuse its discretion by imposing what we believe to be appropriate and reasonable sanctions against Appellants and their attorney.By so ruling, we in no way intend to discourage the legitimate pursuit of FDCPA litigation but, rather, hope to deter groundless claims like the one advanced here. Sassy
Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? Lashay..are they legal? What state is the CA in..are you in? That will be a good place to start...
Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? I shall be the first to admit that what you're asserting is correct JDP. As I've stated [far too] many times I need to update that thread, and your point here is exactly why I need to do so. Although, I will also suggest that the "preponderance of evidence" concept WAS discussed ad infinitum, complete with examples. But there may be a more important issue going on here with your participation. We just went through a fiasco with a poster whom, although usually correct, couldn't get along with the other kids. Perhaps a bit of patience from you may go a long way, rather than join and immediately begin insisting that the long term members are wrong. Whether it's Butch or Sassy, or any of the old timers, I think what you'll find is, although we may be wrong occasionally, it doesn't happen very often. In other words looking for reasons for us to be wrong rather than right, and sucking the wind out of the sails of newer CN Members, who are struggling with these issues, (such as Southlands thread) is just not the way to win friends and influence people. We're all feeling a little raw right now over this. Hope you can understand. You do seem quite knowledgeable, but on CN we don't care how much you know until we know how much you care. PS. There's nothing stopping you, for example, from making your (legitimate) point, right there on the W.I.V. thread. .
Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? someone please clarify something for me, I got lost inthe midst. the term validation is not spelled out anywhere in law? full vs partial my understanding on this was that a CA needed to prove 1. the debt was legally valid & the CA had the authority to collect the debt. 2. proof of the debt must exsist to be legally collectable. proof of the debt- in my frame of mind was copy of a signed contract, or agreement, statements something that shows how the debt was incurred and how the balance came to be. if this can not be shown I was told pursuing this debt would be a violation under the FDCPA. am I off base??
Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? "the term validation is not spelled out anywhere in law?" No. "if this can not be shown I was told pursuing this debt would be a violation under the FDCPA. am I off base??" Unfortunately, yes; but more a victim of misinformation. I'm certain many people would be confused and "off base" when they read something like that in a "Hall Of Fame" folder...
Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? "But there may be a more important issue going on here with your participation. We just went through a fiasco with a poster whom, although usually correct, couldn't get along with the other kids." I suppose this means he disagreed with you... "Perhaps a bit of patience from you may go a long way, rather than join and immediately begin insisting that the long term members are wrong." I did not make it a point to determine one's longevity here. Whether you've been posting for a day or a decade seems immaterial. If you're wrong, you're WRONG. Perhaps a bit of "thicker skin" may go a long way with you, friend. All apologies if I stepped on a fragile ego... "Whether it's Butch or Sassy, or any of the old timers, I think what you'll find is, although we may be wrong occasionally, it doesn't happen very often." So in other words, on those "rare" occasions, the errors should merely be "overlooked" rather than corrected? "In other words looking for reasons for us to be wrong rather than right, and sucking the wind out of the sails of newer CN Members, who are struggling with these issues, (such as Southlands thread) is just not the way to win friends and influence people." I looked for no such thing. I came to this forum from collectionindustry.com. When I read misinformation, I corrected it. I happened to have answered Southlands post in a manner that would have enriched him. If that's "sucking wind" you have access to MY sails anytime. As for the "friends" issue, perhaps you need to reread the book. "You do seem quite knowledgeable, but on CN we don't care how much you know until we know how much you care." I didn't realize YOU were the CN spokesman. Was I to seek your approval before making any posts? How much do YOU actually care when you knock the poster of an honest, legitimate post that corrected inaccurate information? Clearly not as much as your ego, friend. How unfortunate.
Re: Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? I was wondering if any one else had noticed. Hiding90 was waltzed to the door & in dances JDP Pro Se singing the same song. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? The following quote is from the FTC site on a recent settlement with CAMCO, which included an agreement to pay a $300K penalty: http://www.ftc.gov/opa/2004/03/camco.htm " * Continuing to communicate with consumers after consumers had notified them that they did not owe the money and did not wish to be contacted again; ... * Calling consumers continuously with the intention of annoying and abusing them; * Falsely representing the amount and legal status of the debts; ... * Ignoring consumers disputes of the charges and continuing to harass them after consumers requested verification of the debts. " I think that we can assume that the FTC position is that the above behaviors are illegal, including the last one. There are also multiple reports that the only substantiation of an alleged debt provided, in response to a request for validation, was an "affidavit" by an employee stating that he personally knew the debt was valid. What action should a consumer take in a case where a CA provides NOTHING in support of their claimed "debt", yet continues to attempt to collect with resulting damage to the consumer?
Re: Re: Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? I noticed. In fact, the first post by I read from JDP Pro Se immediately brought Hiding90 to mind. The two have VERY similar writing and response styles. I checked Hiding90's IP address versus JDP Pro Se's IP address. They're different, but IP addresses are very easy to get around. Coincidence? Hmmm...
Re: Re: Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? All apologies. Unfortunately I have never (what apparently must have been a pleasure were he/she such a reasonable facsimile of me) of knowing your "Hiding90" much less have ever possessed their monicker. In fact I've yet to run across a post of theirs. Your implication is that this character "Butch" makes it a habit of personally attacking others and someone else also didn't kowtow. Perhaps I'd have enjoyed your "Hiding90". Be that as it may, you'll notice that when I correct a POST, I NEVER vilified the POSTER. I never felt the need to even recognize them or hold them out to ridicule.
Re: Re: Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? JDP, It doesn't matter to me if you are JDP and have never been another or were Hiding90 or just a familiar posting style. Please though, could you use the quote button instead of cutting and pasting, it's easier to follow. [quote...] and [/quote...] Remove the dots for the command to work surrounding the text you are quoting and responding to. Sassy
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? I use the quote button to bring up the entire post, but when commenting on a piece or statement contained therein I know of no other way to "highlight" it other than cutting and repasting it here in quotes. I don't even know how you people change colors and fonts! I don't have a taskbar with those options on it. I don't understand the instructions in your request. Talk to me like I'm a two-year old.
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: CA Validated Debt: What next? Use the quote button like you just did. Then delete out what you don't want in the quote. Click on the vBcode link next to the box where you type your message and it will explain the codes to you. There isn't any kind of task bar.
: CA Validated Debt: What next? But there may be a more important issue going on here with your participation. We just went through a fiasco with a poster whom, although usually correct, couldn't get along with the other kids. Perhaps a bit of patience from you may go a long way, rather than join and immediately begin insisting that the long term members are wrong. Butch =============== ====================== Sounds almost like a re run of h 90.
: CA Validated Debt: What next? I'd also like to know what everyone thinks on that... a CA is sueing me, and they have still yet to provide a contract or statements. Just a computer printout. They have filed for a summary judgement.. I guess as long as that isn't granted, we should be going to court in two weeks. (I filed all my objections and motions)
