If they settle out of court there will never be a record of it.
I agree I have no hope unless I can find away to prove fraud upon the court that the debt collector attorneys were not suing for Citibank which is what your whole program is sold on. The problem is I have not been able to find away to prove they bought the debt. Seems like they can lie or hide that well if that is what they are doing.
Consumer attorneys are out their who and they put on their website they are experienced in the FDCPA believe me when they tell me something I will go to the law library and research what they say to make sure they are telling me the truth.
So let me understand this completely what you are saying is that with the information I have provided thusfar you feel they have an iron clad case against me. Now do you think they were suing for Citibank not themselves?
Your pleading for court in new york stated a whole different view point and yet you feel you are going to win!!!! They could not produce a signed contract said I had made the agreement on the phone. Is that not in your pleading NO CONTRACT no case. I have to admit this is all very confusing to be fair to Richard on each of those points in your pleading; standing, no written contract, etc etc has anyone won?????
your right it is starting to go that way going to court doesnt seem like you have a very good chance of winning after they get a judgement..... Unless they serve you imporperly and you can raise th SOL!!!!!!
Thank you
Lisa
--- On Mon, 10/13/08, Creditwrench <creditwrench@gmail.com> wrote:
> From: Creditwrench <creditwrench@gmail.com>
> Subject: [creditwrench newsletter] Re: Debt Collection Discovery Requests
> To: "Creditwrench" <creditwrench@googlegroups.com>
> Date: Monday, October 13, 2008, 12:40 AM
> Richard Cornforth says file a Rico case? OK. But how many
> such cases
> has he won? I know Richard very well as a personal friend
> but still,
> how many Rico cases has he ever won or even taught anyone
> else how to
> win? None! That's how many. Bud Hibbs says take the
> judgment to a good
> consumer advocate? Where will you find one of those?
> I'm not telling you that you can file a federal case
> and win. You
> might if you have at least one valid cause of action that
> you can
> prove. You are not going to get the judgment overturned in
> local court
> and you aren't going to get a federal court to overturn
> it either. All
> I'm trying to do is see if we can find a viable cause
> of action and
> until that can be done you should not be worried about
> going to court.
> There will be time for that if and when we come up with
> some good
> causes of action that are still within the statute of
> limitations.
> So let's quit worrying about Richard, Bud or any
> lawyers. If you don't
> have a cause of action you aren't going to go anywhere.
>
>
> On Oct 12, 10:41 pm, Lisa Angle
> <lisaangle0...@yahoo.com> wrote:
> > Notary was colleen McConnel whos commissioned expired
> Oct 11, 2008 which my case was heard in 2006.(Its not hard
> to become a notary though) They had no idea I was going to
> dig up the number and call. I used a calling card, pay
> phone and asked for Pam Davis they sent me to her office and
> gave me an extension. Yet I have to admit I never talked
> to her personally as what was I going to say? The company
> was Citicorp Credit Servicss Inc. I called the state
> liscensing place, they had info. How I got the number to
> call them actually, and newspaper web site with stories
> about them. The better business place. I did as much
> digging as I could come up with in my mind and had no luck
> at proving anything fraudulant. Then check out the website
> of the lawyers, they make quite a big claim as a debt
> collector law firm the name was Spotts and Fain from
> Richmond virginia. Yet I still think something is a miss
> as Citibank got a judgement and charged off the
> > acoount, then Spotts and Fain passed the torch to
> another law firm next to Washington DC..... They claim
> Citibank hired them. Somewhere I read that if you called
> the credit card company that after they charged off a debt
> they would say you owe them zero dollars. They did not
> tell me that when I called very recently (September I
> believe) I am not trying to challenge your word with these
> emails just trying to find out how to Prove with hard
> evidence what you are saying before I go back to court.
> Another point is that you say you can win if Federal Court
> but if you bring a frivolous case to federal court you go to
> jail. The State court saw it as frivolous. I tried
> looking up these type of court cases in Federal court which
> is in Downtown Norfolk and have found NOTHING
> published...... from the state of Virginia location....
> Sorry once bitten twice shy in this court business....
> Richard Cornforth says you have to bring a Rico Case
> against them. Bud
> > Hibbs says go to a Consumer Lawyer with the
> judgement I am not sure at theis point what to do.
> >
> > --- On Sun, 10/12/08, Creditwrench
> <creditwre...@gmail.com> wrote:
> >
> > > From: Creditwrench <creditwre...@gmail.com>
> > > Subject: [creditwrench newsletter] Re: Debt
> Collection Discovery Requests
> > > To: "Creditwrench"
> <creditwrench@googlegroups.com>
> > > Date: Sunday, October 12, 2008, 8:00 PM
> > > Pam Davis, eh? Well who was the notary then? Who
> notarized
> > > that
> > > affidavit? So what name did they answer the phone
> by when
> > > you called
> > > them? Who is this supposed subsidiary of the CC
> company?
> >
> > > So the judge don't like Pro Se litigants,
> eh? Well
> > > nothing unusual
> > > about that. It is very difficult for pro se
> litigants to
> > > win in local
> > > court but pretty easy for them to win in federal
> court.
> >
> > > On Oct 12, 5:36 pm, Lisa Angle
> > > <lisaangle0...@yahoo.com> wrote:
> > > > one they sent valadation supposedly the
> photo copies
> > > of the credit card slips which I know was not
> legal now
> > > really then the affidavit from one Pam Davis who
> Works for
> > > subsidary of the credit card company which is
> supposedly
> > > where the Credit Card company sends there debt
> collections
> > > stating the copies were from CC company and she
> was
> > > notorizing it to that fact. The notary stamp
> was from
> > > Missouri and so was Ms. Davis I tried to do my
> research
> > > called the company she worked for and found that
> she was
> > > there. It was a subsidiary of the Credit Card
> company....
> > > The Miranda you mean that this is from a debt
> collector
> > > etc etc etc. It is on all correspondance.
> They did send
> > > the first letter and I did ask for verification
> and they
> > > sent the affidavit and the slips then filed it in
> the court.
> > > When I went to court my biggest mistake was I
> went into a
> > > General District court quoting case study and you
> cannot
> > > when at that level on case study. They only had
> an oral
> > > > contract with me and I thought I had it
> nailed but
> > > the judge through the book at me and threatened
> to put me in
> > > jail... He did not like pro se litigation and
> definately
> > > has a relationship with the attornies that go in
> there..
> > > You truly do not get a fair trial in this
> state.... Bud
> > > Hibbs gave me the tip on the consumer lawyer and
> they work
> > > for the naca I think..... Claim they are
> familiar with the
> > > FDCPA and The truth in lending act and on and
> on.....As for
> > > why go to the law library my answer to that is I
> have a
> > > retired lawyer librarian friend there who helps
> me with
> > > stuff and looks at papers and talks to me that is
> why.
> >
> > > > --- On Sun, 10/12/08, Creditwrench
> > > <creditwre...@gmail.com> wrote:
> >
> > > > > From: Creditwrench
> <creditwre...@gmail.com>
> > > > > Subject: [creditwrench newsletter] Re:
> Debt
> > > Collection Discovery Requests
> > > > > To: "Creditwrench"
> > > <creditwrench@googlegroups.com>
> > > > > Date: Sunday, October 12, 2008, 5:20 PM
> > > > > The affidavit should be more than
> enough to get
> > > the job done
> > > > > if it
> > > > > contains any false and misleading
> information
> > > which most of
> > > > > them do.
> > > > > The first thing to look at in analyzing
> > > affidavits is to
> > > > > look at the
> > > > > notary and the seal to see what state
> the notary
> > > is located
> > > > > in. If the
> > > > > notary is not from your home state then
> it was
> > > probably
> > > > > generated by
> > > > > the debt collector. So who is the
> notary in your
> > > case, what
> > > > > state is
> > > > > the notary from and who is the affiant?
> So they
> > > never sent
> > > > > you any
> > > > > letters, but rather just filed the
> lawsuit on
> > > you, eh? That
> > > > > may be
> > > > > another violation if they did not have
> the full
> > > miranda
> > > > > warning on the
> > > > > complaint. If the full miranda was not
> on the
> > > complaint
> > > > > anywhere did
> > > > > they have a letter in your hands within
> 5 days of
> > > the
> > > > > service of the
> > > > > summons upon you? If not then you have
> another
> > > violation.
> > > > > There are
> > > > > many more ways to get violations.
> >
> > > > > You guess you need to find a consumer
> attorney?
> > > Where are
> > > > > you going to
> > > > > find a good one that knows what he is
> doing?
> > > There
> > > > > aren't many of
> > > > > those out there so if you want to get
> the job
> > > done you have
> > > > > to learn
> > > > > how to do it yourself and that is what
> I teach.
> > > And why do
> > > > > you want to
> > > > > waste time going to the law library to
> look up
> > > the FDCPA
> > > > > when it is
> > > > > readily available on the web?
> >
> > > > > On Oct 12, 9:40 am, Lisa Angle
> > > > > <lisaangle0...@yahoo.com> wrote:
> > > > > > ok well these attorney's never
> called me
> > > not even
> > > > > once only sent letters. They brought
> a witness
> > > to court
> > > > > and an affidavit so they never
> testified as
> > > attornies are
> > > > > not allowed to testify in a court for
> the cc
> > > company. No I
> > > > > cant figure out how to use the FDCPA
> under these
> > > > > circumstances but I guess next step is
> to try a
> > > consumer
> > > > > attorney who is specialized in the
> FDCPA.... I
> > > will try to
> > > > > go by the law library and read the
> FDCPA to see
> > > if I can
> > > > > find anything.....
> >
> >
>
>
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