Todays show will focus on the bogus debt collection industry. It’s abusive and illegal practices and how you can learn to stand up to them, beat them and make them pay you!
There are a number of ways to make these shysters go away and remove themselves from your credit history but is that really the goal? If you simply chase them away they will either wait a while and come right back after you or they will sell your information again to another scum bucket outfit to come after you. On top of that when they aren’t victimizing you, they are victimizing somebody else.
If a mugger takes your wallet and you manage to chase him down and get it back do you then just say ok don’t do that anymore and let him go or do you call a cop and make sure he doesn’t do it again to someone else? The concept of debt and credit is exactly what the criminal cabal which owns this country designed to bring this great nation to its knees. The fraudulent debt collection industry is just one of the abusive and criminal consequences of the system put in place to enslave a nation. It’s time to collapse it and it most certainly can be done just by asserting your rights and teaching others to do likewise.
This does require some education and determination to understand something you have probably never seen before but it is not difficult and just about anybody can do it. The only question is how important is it to you to stop the thieves in their tracks, reverse the damage done to your life and come out the winner?
Over the past few years we have seen numerous philosophy’s of remedy for what ails this country and her people. Everything from IRS OID filings to Negative Averments, Secured Party Creditor to A4V’s, all of it useless except to keep people busy, occupied and confused.. and often jailed.
Administrative processes will not work for one very simple reason… The judges first duty is not to his oath, it is to public policy which is in his best interest.. they have admitted nobody loaned anybody any money… look at what you think is the money in your pocket.. its not money, does it say legal tender or does it say Federal Reserve Note? It’s a promissory note, a debt instrument. Judges admit this but they CANNOT RULE IN YOUR FAVOR ON THAT BASIS… it would collapse the entire system as it is not based on law and or justice. Attorneys are officers of the court, their obligation is not to you, the client but to the court. To create revenue for and through the court. This is why you need to learn to empower yourself, how to represent yourself and how to make mincemeat out of the attorneys who make a living out of victimizing people like you with a complete fraud. The third party debt collection industry is one hundred percent fraud. Actually the original creditors have engaged in fraud as well because the entire monetary system is fraud but that’s for another show some other time. We will not focus on that for this one.
This show is not about reneging on your bills. It’s not about cheating anybody out of what you owe or think you owe. It is about learning that you in fact have rights and the power to make the collectors accountable and responsible for THEIR bad behavior! You can never win a game if you remain on defense. The way to win is learn to play chess while they are playing checkers and go on the offense!
There are many so called debt guru’s out there and companies ready and willing to take your money, money you don’t have. If you did would you even have these parasites after you in the first place? Probably not. There are companies that for a nice hefty fee will tell you they can clear your credit for you or arbitrate to pay the scumbags money you never owed them to begin with. Do you know anyone anywhere in this country or any other who ever signed a contract with a debt collector? Did you? Then why do you think they have the right to collect anything from you? When they send you a letter demanding payment on a debt they are demanding what is known as “unjust enrichment” because you never had an account with them. Even if you think you owe an old credit card balance to the bank that issued it does that mean you owe some third party company who just says so? How did they get involved in the first place?
They will claim the debt was “assigned” or “placed” with them. They are lying unless they are an in house collection department of the original creditor. Let that sink in, they are lying. Imagine that. Lying to you about the origin and nature of the alleged debt is a violation of Federal Statute in itself. In reality they bought evidence of debt from the original creditor. When an original creditor is unsuccessful in collecting they have to by law within a certain time frame which varies according to the type of debt it is, charge it off. This does not mean they cannot attempt to collect from you in future but it does mean they will write off the loss on the taxes for that year and if they have credit insurance on your account which most of them do, they will also collect on that insurance policy. On top of that most of the large issuing banks also securitize your signature from the beginning and have in fact been paid many times over for the amount accrued on that account.
There are two GAO (Government Accounting Office) reports which are an outstanding read and outline the truth of the debt industry. http://www.gao.gov/assets/300/295588.pdf ANDhttp://www.gao.gov/new.items/d06929.pdf These reports can be found on the internet. The reports are also a very good weapon to use if you are sued by a debt collector in state court but that is a deeper subject than we will touch on here. Perhaps the most important point made in the GAO reports is the fact that once the original creditor has done these things it can no longer be a party of interest in any law suit. How many of you have been sued in state court by an attorney claiming to represent the original creditor long after that alleged debt was charged off? Guess what? They too are lying. They are also debt buyers and they are the scum at the bottom of the debt buying barrel paying in some cases less than a penny on the dollar for your account information and claiming not only to be representing the bank for the entire amount of an alleged account but interest and penalties they themselves have tacked on not to mention their court costs. If you did not respond and stand up for yourself they got a judgment against you, not only for money you never owed plus money they created out of thin air but the original debt is still there! Do the judges know full well that this is fraud? Of course they do but they too profit by it and it is not their job to object for you. It is your job to stand up for yourself, recognize a fraud when you see one and fight for your rights. You do not need a law degree and you certainly do not need an attorney to beat these low life parasites including the judges.
There are three Federal Acts that are in place to regulate the debt collection industry and to protect you from rampant bad behavior.
Those three key acts that are out there are, FDCPA, FCRA,TCPA… Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Communications Practices Act
If you have supporting state statutes use them in conjunction with the Federal Statutes. Most states do have them, some much better than others such as California and Florida. Here in Georgia we basically have none as consumers pretty much have no rights against the criminal predators who would victimize us on a state level. But that doesn’t stop us from going after them on the Federal level when they do.
FDCPA… under this statue the damages you can receive are one thousand dollars per defendant no matter how many ways the defendants violated the statue and carries a one year statute of limitations from the time the violation occurs.
FCRA… under this statute the damages are one thousand dollars per credit pull accumulatively in other words for each time a debt collector accesses your credit reports so if they pulled your TransUnion report twice, your Experian report once and again they pulled it from Equifax 4 times.. they owe you seven thousand dollars in damages for violating your privacy under the law. It is also an FCRA violation if a debt collector continues to report information on your credit reports after you have demanded debt validation and they have failed to provide it. We will talk about that a little later. The law says an entity must have permissible purpose to pull your credit. In order to have it there MUST be an account they can prove you are contractually obligated to pay on. Under the definitions clause alone there can be no account by definition. Although there is as yet no case law on that clause many of us are anxious to create it if we can find a company and or attorney stupid enough to let us get it in front of a jury.
TCPA… Under this statute which is actually considered state level but can be pursued on the federal level as well, the damages can rack up very quickly. Robo calls are against the law period and All the debt collectors use them. You know, when you answer the phone and it takes 10 to 20 seconds for a human to speak, ROBO CALL. When you answer your phone and hear a recorded message on the other end, ROBO CALL. When you answer and hear if this is so and so press one, if this is not so and so press two and so on, not only is this a Robo Call but it is an FDCPA violation as well because they have no idea if they are sharing private financial information with the correct person or not. The damages are FIVE hundred minimum to 15 hundred maximum per call. Once you tell them you will not discuss financial matters over the phone and they are not to call you anymore, every call after that becomes willful and malicious. Ask for a name, the name of the company and an address. Once you have that just let them continue calling you which of course they will and log those calls. Keep track of the date and exact time of every call whether you answer it or not. It will take no time at all to log enough violations to sue them for a hefty amount. These companies get sued regularly and since they know full well they are breaking the law but playing the odds that you are a stupid consumer and will not know your rights much less hold them accountable for their actions they don’t care. It is also illegal to call your cell phone unless you expressly gave them permission or listed it as your contact number on the original debt. These companies will violate the FDCPA as well nearly every time and we will go over how a little later.
If you are receiving annoying collection calls chances are the company calling you has also pulled your credit report and may even be reporting false information on your credit reports. It is a rare occurrence even if you think you have good credit not to find a gold mine of statute violations in your reports from the Big Three; Experian, Equifax and TransUnion. Every dunning “collection” letter sent to you will contain at least three FDCPA violations and if you are lucky enough, yes I said lucky, to be the victim of harassment from debt collectors on someone else’s debt because you have just found a second Christmas this year!
Before I explain how you can get started on some much needed and necessary education and how to begin turning the tables on a massive fraudulent industry and take their money instead of them taking yours; I will share some information on how to recognize the various violations which they routinely commit against you.
Under the FDCPA the following actions are illegal but you can count on the collectors and the parasites posing as attorneys even if they have somehow passed the bar will commit repeatedly. Sometimes they will even come after you after you sue them and win and give you a second, a third and even a fourth shot at them. This is referred to as “jumping in your boat” and I can tell you from experience they will indeed do it.
- The use of abusive or threatening language written or spoken
- Threat of legal action they either cannot take or will not take
- Failing to identify themselves as debt collectors
- Failure to send you a verification of the debt in writing within 5 days of the first time contacting you by telephone
- Attempting to collect a debt after dispute without providing validation
- Sueing on a debt after the statute of limitations under state rules has expired. Each state has a different measure of time for the statute of limitations. For instance Florida is 5 yrs for open ended accounts (credit cards etc.) and Georgia’s statute is 4 years.
- Harrass by telephone causing it to ring repeatedly
- Any false or misleading representation in regard to collections
- Claiming to be affiliated with the United States or any state, including the use of any badge uniform or facsimile thereof
- Misrepresentation of the character, amount or legal status of the alleged debt… this one is interesting because since you have no account with a debt collector, any claim of accuracy in regard to the amount of the fictitious debt is automatically false. Even though they have paid for information regarding an alleged debt they cannot possibly possess first hand fact knowledge of the accounting of it or its true amount. These parasites often use robo signed affidavits in court cases where they pay an individual to swear to “be familiar” with your account. Unless the affiant or signer of the affidavit was in fact the person who calculated and entered into the actual records of said account they are obviously and without exception lying, under oath since the affidavit will be notarized. Also any affidavit is heresay and inadmissible in court unless the affiant is present for cross examination by you. These are simple to rebut and eliminate.
- Claim or infer they are an attorney or affiliated with an attorney when they are not.
- Threaten to take any legal action which in fact cannot be taken or that is not intended to be taken
- Claim the consumer has committed a crime by not paying
- Threaten to or call friends, relatives or employers in regard to an alleged debt.
- Threaten or communicate false credit information, including the failure to communicate that a debt is disputed
- Threaten to attempt to collect or harass a family member
- Fail to include the mini-miranda in the communication “This is an attempt to collect a debt..communication if from a debt collector” etc.
- Any false or deceptive means to collect a debt or obtain information about a consumer ie; they can’t call someone else and pose as an old friend or ex army buddy to get your contact information or harass your ex wife for information about you.
- Claim the debt has been turned over to innocent purchasers for value.. this of course is an oxymoron since there is no such thing as an innocent debt buyer.. they are in a fraudulent business and know that full well. The fools who work for them and make the calls may be innocently be used to break the law because they are not told what they are doing is in fact illegal. Personally if they are not abusive, arrogant or downright disagreeable on the phone I will generally enlighten them as to the fact that they too can be held legally liable for what they are doing and if they do it again I will name them in a suit in federal district court. Naturally this usually results in a rather quick “click” as they hang up on me in hopes of escaping. I must admit I am guilty of having a bit of fun with them when the opportunity presents itself.
- Claim the call or document is part of a legal process when indeed it is not
- The use of any name other than the lawful name of the debt collector
- Claim they are or are employed by a consumer reporting agency
- Attempt to collect untrue or amounts other than allowed for by the original debt
- Caused any charges to the consumer ie; collect calls or cell phone charges
- Any words and or symbols on the outside of an envelope mailed to you which identifies a communication regarding debt collection.
- Failure to send the consumer a 30 day validation notice within five days of the initial communication
- Must state the True amount of the debt
- Must state the name of the creditor to whom the debt is owed
- Must state your Right to Dispute within 30 days
- Must provide name and address of original creditor if different than the original.
- Brings any legal action in a location other than where the contract was signed or where consumer resides.
Those are just some of the actions collectors cannot take without violating the FDCPA and it doesn’t take long to learn to recognize them in every communication you receive. For instance, you get a demand for payment in the mail known as a “dunning” letter. The letter is from a company you have never done business with like NCO or Midland Funding, two of the most notorious. It claims you owe them 3400 dollars for a credit card account and shows an account number. It says on the bottom “this is an attempt to collect a debt”. They have violated the FDCPA anyway because they do NOT HAVE AN ACCOUNT WITH YOU AND CANNOT KNOW THE EXACT AMOUNT you may or may not have owed an original creditor. They violated again because they failed to tell you that you have the right to dispute the debt. If the dunning letter came from a company with the words like “Collections” or “Recovery” or “Receivables” such as National Recovery Services in the name on the outside of the envelope you have just received a one thousand dollar violation.
Today the state courts are nearly 100% corrupt all the way to the top. The federal courts are used to fight this kind of battle instead. Also it is very expensive for a debt collector to fight you in a federal court when you have demanded a trial by jury. Settling with you out of court is much cheaper and after all these guys are concerned only with their bottom line and it is rare to find one willing to go the distance over a few thousand dollars. They will of course try to lie, manipulate, coerce and totally fabricate facts to weasel out of it but that’s where you come in playing chess to their checkers. You must learn the law which is not at all difficult to understand, your federal local procedures and the proper use of actions in a particular pattern.
The first thing to do is download all three of your credit reports from AnnualCreditReport dot com. https://www.annualcreditreport.com/cra/index.jsp be prepared to print them right then because you will only get one chance per year to get them free. Make two copies so you can write on one and keep one clean.
Once you get them go through them and send a letter of dispute to the reporting agency on every single item on them except for the good stuff of accounts you want to keep in good standing.
Then make a spread sheet and take the information off the reports so you can see at a glance who has violated you and how many times, what dates and contact info for them.
Once you have gotten this far its time to join the nation wide support calls on Monday, Tuesday and Wednesday nights. At some point you will want to join the web site which provides an enormous amount of documents, webinars, forum and support. If you are having foreclosure problems the web site is an absolute necessity. You do not have to lose your home but you do have to learn how to stop them from taking it. If you cannot afford to join the web site even though its not expensive there is plenty of information you can use on the free page to stop a foreclosure until you can get up to speed or go after a simple FCRA credit pull to put a thousand dollars or more in your pocket. To get to that you need to type into your browserknockoutcollectors.com do not google it just type it in the browser.
That will take you to the sign up page and then you will get an email confirming who you are. After that you will get another email giving you the link to the free page and downloadable docs and a short webinar.
Jesse’s Tuesday night calls, “Whatliesinyourdebt” 8 pm EST
Call in number 724-444-7444 pin 98842# if you are a talk shoe guest then hit 1#
Dave Mack’s Monday Night calls “Dallas Debt Discussion” 9 pm EST
Call in number 724-444-7444 pin 54318# if you are a talk shoe guest then hit 1#
Wednesday night Call number is 424-203-8000 pin code 888462# if you can’t get in dial one of these and follow the instructions 805-360-1075 or 559-546-1400
I don’t specialize in mortgage issues because I don’t have one. So I haven’t studied those issues and hope they will no longer be issues by the time I have time to do that. Yes I’m an optimist!
We also do not deal with IRS issues at this time. I will make a document available on the web site which contains the call information for each night and the links to our past educational calls. You can easily go back and listen at your own pace to catch up to the rest of us. Each call begins with good news. This is where people share their successes and what we like to call “stupid lawyer” moments. They abound. I can say with absolute certainty this works because I have been collecting from the collectors myself and currently have three cases on going. Some of them will let you go so far as filing, allow the attorneys to rack up a few billable hours and then settle before it gets to court.
If you are in such financial straits that you cannot afford the fee to file in federal court you can always file in forma pauperis and the court will waive the fees. This process does slow things down a bit depending on your magistrate and how full your districts docket is. Since you will make your court fees a part of any settlement you will get the money back anyway.
You can learn many things from Jesse’s web site other than how to go after collectors in federal court or save your home. You can also learn how to fight back and win when scumbags sue you on the state level or how to get rid of a judgment against you under certain circumstances.
The only way we will rid this country of these parasites and their rampant victimization is to understand our rights, stand and fight then teach the next guy to do the same. When they start having to pay out more than they take in they will fold up shop and some of them are doing that already. You would be very surprised to see the number of suits and the amounts of money these creeps are having to shell out now.
Welcome to the groupWhile I can’t answer mortgage or IRS questions as I said before, I can answer questions regarding debt collectors so lets see if there are some out there
Click to Listen
Click to Listen
Listen to the archived calls for April 18th and 25th 2011
When embarking on this process use only Annual Credit Report dot com to obtain ALL THREE of your credit reports. TransUnion, Experian,Equifax. Be prepared to print two copies of each or save to your computer as you will only be given one chance to print them and you may want one you can make notes on and one you can keep pristine for possible use in making copies etc. later.https://www.annualcreditreport.com/cra/index.jsp
Our Wednesday night call information is as follows and the links to past recordings are below it. Start with the earliest one, May 11, 2011 to catch up to where we are.
Open Call info for this week Wednesday XXXXX, 8pm EST - Call number is 424-203-8000 pin code 888462# if you can’t get in dial one of these and follow the instructions 805-360-1075or 559-546-1400
Wednesday February 22, 2012
Wednesday, February 15, 2012
Wednesday, February 8, 2012
Wednesday, February 1, 2012
Wednesday, January 25, 2012
Wednesday, January 18, 2012
Wednesday, January 11, 2012
Wednesday, January 4, 2012
Wednesday, December 28, 2011
Wednesday, December 14, 2011
Wednesday, December 7, 2011
Wednesday, November 30, 2011
Wednesday, November 23, 2011 discussion on GAO report
Wednesday, November 16, 2011
Wednesday, November 9, 2011
Wednesday, November 2, 2011 – Guest Marc Fishman second half
October 25, 2011 GOOD DISCUSSION ON OWS
October 19, 2011
October 12, 2011
October 5, 2011
September 28, 2011
September 21, 2011
September 16, 2011… A Friday night call discussion on Legal Duty, and Kay Griggs etc. in addition to the regular debt elimination discussion.
September 7, 2011
August 24, 2011
August 17, 2011
August 10, 2011
August 3, 2011
July 27, 2011
July 20, 2011
JULY 13, 2011
JULY 6, 2011 second subject Bitcoin
JUNE 29, 2011 2nd subject International Property Maintenance Code
JUNE 22, 2011
JUNE 15, 2011
JUNE 8, 2011
JUNE 1, 2011
MAY 25, 2011
May 18, 2011
May 11, 2011
Teri queensongbird@gmail.com 478-374-4132
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