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Saturday, February 13, 2010

New blog about illegal American Agencies debt collection practices

A reader started his own blog about his American Agencies collection experience:

Debt Collector American Agencies Extortion and Threats

The allegations are really unbelievable, but as long-time readers might remember, American Agencies employees refused to delete the TOTALLY BOGUS Pacific Bell collection from my credit reports and to add insult to injury, they even ran my credit after I disputed.

The OLD American Agencies postings at the Fight Back forum.

The FTC claimed to be investigating American Agencies, but just like the corrupt judges, they allowed them to get away with extortion.  Liars and Cheats EXPOSED is not just another gripe site, but we will expose corrupt regulators such as the FTC if they refuse to take action. 

If you have similar experiences with American Agencies, please post a comment at the NEW blog.

Saturday, February 06, 2010

Member registration deactivated - moving to Liars and Cheats EXPOSED!

I keep getting emails from readers who can’t activate their membership here and I constantly get spam registrations, so I just disabled the registration.  Unfortunately, that means that you can’t submit any comments as membership is required to submit comments here. The spammers win.

You can still SUBSCRIBE to she occasional new post here, but our new site Liars and Cheats EXPOSED will contain MANY individual blogs about credit reporting, FICO scoring, collection, finance, patients’ rights, corrupt regulators, courts, judges and lawyers, free speech, etc.

CreditSuit is “full” and Liars and Cheats EXPOSED will be much more organized and functional.  You can even start your own blog and we plan on installing discussion forums.

You may have heard that WikiLeaks recently shut down due to lack of funds and what we WILL do depends on YOU.

It was astounding to read the comments submitted at an article about WikiLeaks.  Some people are so incredibly ignorant and actually questioned how much it could possibly cost to run that site.  The ignorance ...

Some of my clients have donated and we will make an effort to keep most blogs ad-free.  The Google ads here currently pay about $100/months, but we’d rather not have to advertise scams and frauds just to get paid for clicks on ads to companies that we’d like to put out of business. 

We are going to start a blog on credit reports and scores, what you get and what you do NOT get, freebies, coupons, etc.

I filed a lawsuit against Trans Union and Verifacts last October, but just now had the TIME and MONEY to try to serve them.  One of my claims is the INCOMPLETE credit reports Trans Union sells through TrueCredit.

Of course I will NOT prevail—the credit bureaus are too powerful and the courts are too corrupt.  I have NO legal skills or resources. But just as with the Capital One credit limits, my litigation serves to establish that there is a serious problem and then the class action lawyers will EVENTUALLY get results, along with a giant check for their legal fees.  I get NOTHING. 

The point of the litigation is to document and publicize the issues and I will be sending my open letters to regulators and media.

Unlike here, everything will be much more organized at Liars and Cheats EXPOSED as we can have unlimited INDIVIDUAL blogs.  But setting up and maintaining blogs takes so much time and we are not web designers or programmers.  We are using WPMU and if you’d like to help or donate so that we can pay for software and support, please visit Support – Accountability

Tuesday, February 02, 2010

Texas court of appeals affirms summary judgment - WYATT v. CAPITAL ONE AUTO FINANCING

This is a very interesting case for all the morons on the web claiming that creditors are subject to the FDCPA, that creditors have to validate and that consumers can oppose the sale (assignment) of their accounts to scummy outfits like Capital One.

Wyatt cites the federal Fair Debt Collection Practices Act, 15 U.S.C.A. §§ 1692 et seq. (West 2009), to support his assertion that he was entitled to withhold payments because COAF did not verify its assignment via certain statutorily mandated procedures. The Fair Debt Collection Practices Act does not apply here, however, because COAF does not qualify as a “debt collector” under the Act. See Neff v. Capital Acquisitions & Mgmt. Co., 352 F.3d 1118, 1121 (7th Cir. 2003) (Fair Debt Collection Practices Act applies only to “debt collectors” as defined by Act); 15 U.S.C.A. § 1692a(6) (defining “debt collector” for purposes of Act).

It doesn’t matter how many times I post that creditors aren’t subject to the FDCPA, there’s an endless supply of IDIOTS polluting the internet with “sample letters” as sent by Wyatt (included in the court’s opinion.)

The court did a very good job summarizing what exactly happened:

WYATT v. CAPITAL ONE AUTO FINANCING

While the court of course AFFIRMED the summary judgment against Wyatt (as per the law), it did NOTHING about Capital One’s truly outrageous practices.

1) Capital One filed a contempt motion for the violation of an order NEVER served.

On June 20, 2002, COAF sued Wyatt in McLennan County to regain possession of the Kia. The court issued a writ of sequestration that, for reasons not revealed in the record, was returned unserved. COAF then filed a motion for contempt against Wyatt, apparently for refusing to comply with the writ of sequestration even though it was never served on him.

I’m also aware of several consumers who sued Capital One for similar practices.

Unfortunately, I don’t have the filings and they’ll most likely settle with a confidentially agreement.

Any attorney engaging in this type of misconduct ought to be DISBARRED.

2) The INTEREST charged by Capital One

Finally, COAF submitted affidavits establishing that Wyatt owed it $18,633.33 for its losses on the sale of Wyatt’s car. Wyatt did not controvert that amount, so COAF was entitled to recover it on summary judgment. See Tex. R. Civ. P. 185. COAF was also entitled to recover its attorney’s fees because it sued on a written contract. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2008).

Why did Wyatt NOT challenge the interest?

At least he could have made an EFFORT and pointed out that Capital One pays NO interest on the money it CREATES when it makes loans.  He probably would NOT have prevailed in court, but it sure would be nice to have the judges DISCUSS those FACTS so that people realize that it is TRUE and that I’m NOT spreading ludicrous conspiracy theories.  I’d like to see appeals court discussions of these issues.

Of course EVERYBODY should have the RIGHT to determine who a debt can be assigned to. 

Texas law and all our laws have to be changed to take the powers away from corrupt bankers and corporations.  Nobody with half a clue would want a loan with a scummy outfit like Capital One. 

Unfortunately, the ONLY way to get CHANGES is to stop paying our debts.

If everybody who qualifies for bankruptcy stopped paying their unsecured debts and “under water” home and auto loans to the big commercial banks, they’d be in serious trouble and WE would get the laws we deserve.

The tree of liberty is wilting.

Monday, January 25, 2010

WV AG McGraw sues Capital One AGAIN - unconscionable practices - re-aging debts

I’ve previously written about the Capital One practice to offer NEW accounts WITH old charged off debts.  I’m glad to see that McGraw is TRYING to do something about it.

What’s wrong with the OTHER 49 AGs?

And I wonder WHY he can sue them again.  In 2008, he sued Capital One and they promptly converted to a NATIONAL bank.  The states have NO power to enforce the laws against NATIONAL banks, as Wells Fargo litigated in California years ago.

I’m sure you can see what’s going on.  The BANKERS are running Washington D.C. and of course their REGULATORS, the Federal Reserve Banks, do NOTHING! 

Long time readers may recall that I sued the Federal Reserve Bank of Richmond and its VP and Senior Legal Counsel James McAfee in 2003 to MAKE them enforce the Fair Credit Reporting Act.  Of course they were dismissed and did NOT enforce anything.

I’m not going to post the links here because we are in the middle of launching Liars and Cheats EXPOSED HEADLINES.

If you read Rense.com, you’ll recognize the format, although we’re changing it a little and we substitute credit and collection news for his Zionist news.  All headline links will be archived so that you can find OLD news and I’ll try to find the OLD but VERY relevant articles about Wells Fargo’s California litigation establishing that the states’ AGs have NO jurisdiction over NATIONAL banks.

I’m so incredibly sick and tired of everybody harping on derivatives and BS that has absolutely NOTHING to do with our problems.

ALL major banks should have FAILED and made room for community banks like the Common Good Bank. 

The only reason the big NATIONAL banks ARE successful is because they engage in CRIMINAL practices with impunity.

HEADLINES will be a lot more than random links and I will document these allegations. 

Of course I’ll still be writing about credit and collection news here and I’ll definitely try to look into why McGraw CAN sue Capital One again.  I’ll have to get the court filings, watch what happens.  And that takes time and money.

So please vote with your dollars and support Liars and Cheats EXPOSED!

Saturday, January 23, 2010

Do NOT try to pay the Mann Bracken collected debts!

According to the Maryland regulators (article posted below), consumers WANT to pay their debts.  What a FOOLISH move!!!!

The Maryland statute of limitations for credit cards is only 3 years.  HOWEVER, the 3 year statute of limitations begins again if creditors can document that a debtor has reaffirmed a debt on a good faith basis by a written agreement, orally, or by payment.

PAYING your debts will often NOT help your credit rating at all and paying a collection reported by a collector will NOT increase your FICO scores.

I really don’t like to give advice to anyone before I’ve reviewed their credit reports and know the person’s financial situation and ambitions.  But since the Maryland regulators are doing such a HORRIBLE job, here are my two cents to anyone with a debt collected by Mann Bracken:

1) KEEP everything you receive from Mann Bracken.
2) Play dead— try to wait out the statute of limitation.
3) If anyone contacts you regarding the debt, RECORD all calls and SAVE all collection letters.

4a) If you have the money to settle the debt and your credit is important, try to get the most favorable settlement and credit reporting. 

SETTLE accounts BEFORE a new collector or debt buyer reports. Documented violations result in more favorable settlements.  Once you receive their initial collection letter, you should have at least 30 days to dispute or settle BEFORE they report on the credit.

4b) If you do NOT have the money to settle or you have better things to do with your money, ask collectors not to call you again, dispute the debt, and document violations.

You may be able to settle accounts for just a few thousand dollars if you can document FDCPA and/or state law violations.

It is WORK to document violations and whether it’s worth the hassle all depends on what value you allocate to your TIME wasted.  But if your credit rating is important, it might be well worth the effort.

If the debt was SOLD to a debt buyer, chances of prevailing in court if they should sue you are excellent—if you’re willing to learn how to defend yourself and how to document counterclaims for violations of the law.

EDUCATE yourself.

Do NOT follow the FREE advice on the web by clueless consumers or worse, people like Mark Cella whose only goal is to make as much money as possible. Stay away from debt settlement companies!

There are MANY scammers like Mark Cella and his Federal Debt Relief Systems.  Since there are STILL people wondering whether they really are scammers, read what their clients have to say in their DAMAGE REPORTS:

If you’re serious about your credit and/or fighting collectors:

Donate $50 to Liars and Cheats EXPOSED and get your FREE 6-months subscription to CreditFactors.

There’s NO magic at CreditFactors, but you’ll have the information you need to prevail against collectors and you can even post questions in the member forum.

I spent HUNDREDS of hours UNPAID on the FDRS investigation.  If people SUPPORT Liars and Cheats EXPOSED, we can put MANY of these frauds out of business and we can MAKE the regulators take action. Vote with your money!

Below is the Baltimore Sun article on Mann Bracken: