Something I'm missing?

Discussion in 'Credit Talk' started by lwg8tr, Jun 13, 2001.

  1. breeze

    breeze Well-Known Member

    Oooooooooh I got a free dish system!! way better than the spy camera!!

    breeze
     
  2. Nave

    Nave Well-Known Member

    Too much work...thanks for doin it 4 me :) Do I still get the spy camera? hehehe
     
  3. breeze

    breeze Well-Known Member

    I don't know - did it say offer expires at midnight tonight?? Some of them do, you know.

    breeze
     
  4. aigle

    aigle Well-Known Member

    Seems to me you are on the hook here the dates are very close. You did take their money didn't ya?
     
  5. godaddyo

    godaddyo Well-Known Member

    I think the confusion is due to the four categories of agreements.

    Oral contact- Is a handshake agreement-verbal and tougher to prove in court.

    open ended account- would include credit card accounts. These are all revolving lines of credit with various balances each month.

    written contract- an agreement to pay back a loan on the terms that the debtor and creditor have agreed upon..

    promissory note- An agreement to pay on a loan using the terms of a written contract. The major difference between a written contract and a promissory note is that the payments and the interest are scheduled in the terms of the agreement. A good example would be a mortgage on a house..

    The sol may have different stipulations in different states. A good argument that this is a revolving account with varying amounts each billing period would indeed let if fall under the open ended account rules...
     
  6. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Daddy-O:
    While I can see where you may get the impressions youâ??ve articulated, letâ??s look at the realities? The statute lwg8tr is relying upon clearly (without question) states (by his/her own post):
    A credit card account is one FOUNDED upon a written instrument, contractual terms applicable to the repayment of said loan and related charges. To allege anything different is no huntin hound, irrespective anonymous contentions of counselâ??s advice; or bravado of having applied the standard before (and winning).

    But Iâ??m not here to argue points that are SOP in the collections business, because clearly folks are apt to believe what they will despite facts to the contrary. Oh but then again, I am a â?contrarian.â? [;-)
     
  7. godaddyo

    godaddyo Well-Known Member

    Anthony,
    I am not trying to be argumentative, but this situation falls under the terms of a revolving account, with a varying balance with terms that are subject to change.Even though a credit card agreement is a "written contract" in the strictest context, each states SOL rules breakdown the terms of a written contract in which a party has a right to bring actions in the courts for compensation. These SOLs bring a form of order and time limits to abide by. So, we are back to the old written contract and the rights under the contract. Anything that is not a verbal contract would fall under a written contract if there are at least two parties who agree to terms in writing. I just don't understand where you are coming from. I have argued these points and won in court I went through similiar problems with a hospital bill that I had discussed with you quite a while back...
     
  8. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Okay, I give up, have it your way; youâ??re right and Iâ??m wrongâ?¦ Neeeexxxt!
     
  9. tom65432

    tom65432 Well-Known Member

    There is a solution here. Every state has court decisions decided by the appeals court that sets precedent. Someone needs to see what the courts have ruled in Florida. If there is a decision on credit cards, the county court will follow that decision. It really dows not matter what we think, it is what the courts have ruled.

    What county is this in? Who is the Judge?
     
  10. lwg8tr

    lwg8tr Well-Known Member

    Good idea, a precedent case would settle this once and for all. We all can agree that the statute is vague. Palm Beach county, Florida.
     
  11. godaddyo

    godaddyo Well-Known Member

    Oh, I see now you play passive aggressive, Ok I win, I win, I win, now where is my cookie. Im just kidding and I can see where this gets old....LOL


    What the court decides is what matters and I cant disagree with that...Well, I could but it wouldnt change anything...
     
  12. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Tom:
    Agreed, a case cite may settle the confusion. Albeit if case law is available for the cite lwg8tr is relying upon, it will clearly show he/she is depending on an ORAL AGREEMENT statute. But hay, far be it from me to be the party poop; Iâ??m all for obtaining the cite. Iâ??ll look later tonight and if not, then when I get a moment. Yet perhaps some good soul will beat me to the punch? (Squawk, are you available?) [;-)
     
  13. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Daddy-O:
    LOL, hay who you callin OLD? Seriously, it only gets frustrating for me when folks disagree without support, after claiming I donâ??t know what Iâ??m talking about. What's that about? But hay, to each his (or herâ??s, ladies bear with me) own. Iâ??m just here for the halibut. [;-)
     
  14. bbauer

    bbauer Banned

    There is one thing that you seem to have been mislead about in regards to Anthony.

    A while back on another thread, one he requested PBM to close, he stated that his website was not going to be about credit repair. I don't recall his ever having said what it was actually going to be about. Then later, he stated that he was planning to do a book on credit repair.

    If you look at his tagline, ****Problem debts from red to black**** you might possibly come up with the idea that he is a debt collector, in other words a collection agency. He also says he is an officer or has something to do with the courts in California. So what do you think he really is?

    Having those facts at your fingertips, what would you say he is?? He never seems to be totally and completely up front and actually say what it is he does nor what he is.
     
  15. bbauer

    bbauer Banned

    Godaddyo

    I guess you have seen my post(s) about how the 3 kicks rule works.

    Keeping that in mind and considering the fact that Anthony has begged PBM to close 2 threads now which PBM did do, would you harbor the thought that he demands the threads be closed thinking that if he can get enough kicks in, PBM will also take action against the person(s) who disagree with him and use that as a ruse to get rid of those who disagree with him?

    Do you think there is even the remotest possibility that Anthony would think that way?

    I honestly don't know, but I don't think I want to take the risk.
     
  16. godaddyo

    godaddyo Well-Known Member

    Bill,
    You have stated this before on a previous post. You are absolutely correct that there is a statement about problem debts from red to black. But, it also states " Because NOT Every Debtor Is A Credit Criminal...

    ... THE pardon is on it's way!

    Now, that does not lead me to believe that he is a collector. In order to clear up this issue once and for all, I will ask Anthony personally if he is a bill collector or a consumer activist of some sort...Here it goes....

    Anthony,
    In order to clear up any confusion, would you please tell us the line of work you are in and your position you hold in regards to the consumer, or you for or against credit repair? Also what planet are you from?LOL:)
     
  17. PsychDoc

    PsychDoc Well-Known Member

    Hi, Anthony, will there be something for sale at your web site? If yes, what will be the nature of the products? Thanks!

    Randy
     
  18. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Daddy-O:
    Actually, Iâ??m not working at present per se, because Iâ??m developing iBAC which will benefit both consumer â??ANDâ? creditor (including collection agents) in part through CreditDefenses. Now before the Munchhausen of this board distorts my unemployment too. I donâ??t need to work although I do so on sporadic occasions (usually for folks I know and easy cases at that); yet money isnâ??t an issue.

    No I am not against â??credit repairâ? as any twit with a single brain cell could discover, simply by examining my posts. Of course, the former statement presupposes Von Munchhausen has the brain capacity to spare; and managed to comprehend the substance. Clearly too much blow in the 60s has taken its toll!

    Lastly, no Iâ??m not actively in the collections business. Here again, it requires no more intelligence than an ameba to realize even if I were STILL in the collections biz (and posting here). How could that in any way derogatorily affect people (consumers) Iâ??ve assisted by advice and suggestions?

    Now consider the source when, Baron Munchhausen begins telling tales? [;-)
     
  19. PsychDoc

    PsychDoc Well-Known Member

    You're wrong, Anthony, it's "amoeba."

    Randy
     
  20. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Amoeba-shemba, you apparently got the jest nonetheless. [;-)
     

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