I opened a can of worms

Discussion in 'Credit Talk' started by Christi, Apr 24, 2001.

  1. Bill Bauer

    Bill Bauer Guest

    Re: lb

    Assume what was proof?
    What proof did they give you? What documentation did they send you?

    Bill Bauer
     
  2. Bill Bauer

    Bill Bauer Guest

    Re: lb

    What else is valid?
    What would they use in a court of law to prove you owed the debt. Yeah, I know, something they whipped off their $39.95 office copier like they usually do.

    And the court will buy it too if you let them get away with that kind of junk

    Bill Bauer
     
  3. Bill Bauer

    Bill Bauer Guest

    Re: lb

    They will verify it with some insult to human intelligence form letter full of blanks and nothing of substance.
     
  4. Bill Bauer

    Bill Bauer Guest

    Oh they did?? Fat chance!

    How is that not validation. They sent the original Bills and statements.

    Fat chance of that happening. If they were so stupid they sent the original bills and statements then how are they ever gonna prove the case? Can't be done because they just gave up any proof whatsoever the debt ever existed in the first place.

    Now, don't get all hurt. I know you really didn't mean that literally. But the point of "jumping" you over the matter was to illustrate that one does need to be accurate. In lots of cases, it' not all that important. In this case, it is.

    So the question remains, did they send certified copies of the original or at least copies of the original visibly bearing both your signature and the signature of your creditor? In court, they must provide the original contract or a court ceritfied copy there of and it must bear the seal of the notary who certified and it must visibly bear you signature and that of your creditor. They must provide a whole lot more than that too, unless you just roll over and play dead.

    A valid court case can be likened to a 4 legged table. What do those 4 legs consist of? If any of them are missing, the table falls over. There are additionally 18 indices which must be present an on that 4 legged table or it's off the wall and out to lunch. What are those 18 indices? Then there are things that plaintiff's counsel must do and must not do.
    Failure to do any or doing what is forbidden means instant cause for reversal on appeal. No re-files or ammendments allowed the plaintiff and no statute of limitations upon discovery by defendant.

    And don't come in here demanding that I tell you all that information for free or even if you pay me. I'm not going to do that and the simple reason I'm not going to do that is that if you want to know, then I want you to go do your own research and come up with the answers that way. And the reason for my demanding you do the leg work is because then you won't go into court and end up with a dumb look on your face and come back here blaming me. Not at any price! I don't mind helping people, even for free, but I want them to be safe and not go off trying to fight a battle of wits when they are only half armed.

    Make sense?
     
  5. Bill Bauer

    Bill Bauer Guest

    Why would you do that????

    if they even try I'm gonna ask for their license number,

    Why on earth would you do a thing like that??
    Never ask them for their license number, not even on a dare.
    Asking for their proof of authority to do business or their license number is one of the most ignorant things to do I've seen posted here.

    Just use some common sense, please folks!

    Most likely they do have that but will tell you where to go if you even get silly enough to demand it, and I wouldn't blame them one little bit if they just gave up giving you a chance to pay and go file suit on you.

    Don't get me wrong! It's a great idea and has an awful lot of merit. But just like the validation letter itself, if you don't understand where you are going with that, then don't even dream of using it.

    The way to use that idea is to get the city and state they are doing business with and call up the city licensing bureau and ask them is Sleazebag Collection Agency licensed to do business? They will tell you and give you the license number you ask for and the expiration date of the license. Be sure you get all that info.
    What!!!! License has expired! OH WOW! You got them where the hair grows short.

    Call up the Secretary of State in the state where they do business. Say, tell me, is SleazeBag Collection agency licensed to do business in your state? What is the name of the person listed in their filing of incorporation with your office authorized to receive notice of summons?
    Whaaaatttt? No papers of incorporation?? No business license?? Oh boy, am I ever gonna have fun when they get to court. Spring the nasty news on them before that time? Give them a chance to cure?? OH NO! NOT A CHANCE! I;M GONNA HIT THEM WHERE IT HURTS THE MOST, CATCH THEM IN COURT ADMITTING THEY DON'T HAVE A LICENSE TO COLLECT DEBTS?? Say there, did you ever hear about the Fair Debt Collection Practices Act?

    But warn them of what you might be gonna do to them in your letter full of garbage somebody told you to fire at them?
    I didn't fall off this turnip wagon yesterday, folks

    bill bauer
     
  6. Bill Bauer

    Bill Bauer Guest

    Re: lb NO, NO, NO

    Please don't think I am trying to attack you here. I would not do that.

    But again, don't tell them nothing. Just demand that they validate and let them pull the trapdoor on themselves.

    Bill Bauer
     
  7. Bill Bauer

    Bill Bauer Guest

    Re: lb

    IF you sent that Lizard validation letter it says at the bottom, if any of this requested info is not provided then you didn't validate.

    More unnecessary sophistry and folderall that will do nothing but hurt you.

    Don't tell them anything! You want them to make a mistake, and as many as you can get them to make. Then you jump down and claw their eyes out. Let them make the mistakes,

    Bill Bauer
     
  8. roni

    roni Well-Known Member

    Re: lb NO, NO, NO

    Who has the time or Money for this. I certainly dont think it is worth it.

    I am certainly glad I didnt go this route to clear my credit. Good Lord!

    Dont ever take one sentence from my post and run with it ok.


    roni
     
  9. Christi

    Christi Well-Known Member

    Bill

    I sent the validation letters LK posted here and the same ones you can get off the Yahoo! Board. They didn't literally send me the originals, but copies of them. NOTHING with a signature. It was like a running track of an acct like this:

    2-93 40.00 (handwritten here was the word "CHARGED"

    5-94 180.00 (again written in ink "charged") and so forth. They can NOT file suit as the last date of activity and charge off date is 2-95 and the SOL in Texas is 6 yrs.

    Christi
     
  10. Bill Bauer

    Bill Bauer Guest

    That's the problem

    They didn't literally send me the originals, but copies of them. NOTHING with a signature.

    That's the problem! Hey! I can send you one like that real easy and what's it worth? Not even the paper it's written on. No signature equals no validation. Depending on how long ago it was you got that stupid bit of garbage, I'd send them an estoppel letter telling them they failed to validate in a timely manner. Since they failed to properly validate, they broke the FDCPA and the FCRA and in the event they fail to cure their criminal actions within 5 business days, you will file complaints with the FTC, Attorney General's office
    in both states.

    They are not going to comply within the 5 business days, so do it. File on them with the proper authorities. Show them you mean business and are not stupid.

    Yes, you might get the reaction that they just filed a motion of summary judgement, but then you go into court with no attorney and simply tell the court that you have objections to the motion and demand jury trial.

    Then get started to boning up on what it takes to get a judgement. It's information you may desperately need.

    You got 2 choices at this time. Take your best shot at them and hope to catch them with their pants down or just roll over and play the game their way. It's up to you. Don't let me or anyone else tell you what to do. Make up your own mind and if the size of the decision gives you a headache just thinking about it, or you simply don't want to fight for whatever reason, Hey! It's a free world and everyone can and should make their own decisions based on what they think is best for them.

    May the Lord go with you, guide you and keep you safe in whatever your decision maybe.

    Bill Bauer
     
  11. bjoe

    bjoe Active Member

    Re: That's the problem

    Christi,

    I would not worry about this. This sounds like something that happened to my wife. She had a hospital bill for $380 show up on her report from 1993. We disputed last year as 'not mine'. We then got a letter from a CA demanding payment. We sent a validation letter out of a credit repair kit that was purchased in the Randalls check-out line. IC system sent a photocopy of a computer screen print from the hospital with what procedures were done. NO SIGNATURE. Since we also live in TX, we blew it off since the SOL was up and when we reached the 7 year period last year, it dropped off and has not come back
     
  12. lbrown59

    lbrown59 Well-Known Member

    Re: That's the problem

    lb
    Author: Christi (spider-wd031.proxy.aol.com)
    Date: 04-24-01 15:17

    So what do I do then? I think they assume as I did, that was proof.
    Christi
    ----------------------------
    Reply To Message=== They know it hain't proof;but they want you to think it is :
     
  13. lbrown59

    lbrown59 Well-Known Member

    Re: That's the problem

    lb
    Author: MP$40 (inter-gw.quantum.com)
    Date: 04-24-01 15:20

    So are you saying that what they should of sent is a copy of some sort of contract?
    YES BECAUSE you have no legal obligation to pay them anything with out a contract with them (CA)

    Why wouldn't statements be validation
    Reply To Message =====The moon is purple~I just furnished you a statement about the moon :
    Did my statement prove to you that the moon is purple?
    Where is the proof that my statement is true [Ie the validation of my statement?]
     
  14. lbrown59

    lbrown59 Well-Known Member

    Re: That's the problem

    Re: lb
    Author: roni (spider-ta064.proxy.aol.com)
    Date: 04-24-01 15:24

    Could you elaborate a LITTLE More please. How is that not validation. They sent the original Bills and statements. I assume these statements and bills validate her non payment. Do they need to send a contract? Is that it? I am assuming they need both in this case. So does she file a lawsuit? That is my question. Help the lady out. EVERYONe was so Quick to rush to validation.....dont leave Christi in a tiff NOW....

    roni
    ------------------------------------------

    Reply To Message ========SEE my other post here today.
     
  15. lbrown59

    lbrown59 Well-Known Member

    Re: That's the problem

    You should have learned
    Author: Bill Bauer (adsl-64-217-24-66.dsl.okcyok.swbell.net)
    Date: 04-24-01 15:34

    How is that not validation. They sent the original Bills and statements.
    ------------------------------------
    REPLY=======================
    There seems to be confusionon here between the meaning of statements and validation:

    A statement or bill is merely a claim which may or may not be true !
    VALIDATION is proof that the claim is true:

    HOPE this helps clear things up for all!
     

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