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First of all Will 0bama be the next Discover Card commercial? Hoping for any answer. Another question on my mind: IMO I will use that ONE violation to wipe my backside with. Come on, be serious, you got rid of them what more is needed? As Centex so readily and correctly pointed out you are. |
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The answer is Yes, however you might wanna make sure and wait for another person to confirm my answer as I am on the fence. Better yet, why don't you call the Discover Card guys because they can answer your Discover Card question better...
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What is your end goal here? I ask this because some of the most knowledgable posters on this board have explained to you that 1 - you aren't guaranteed the $1K anywhere in the statutes; and 2 - you haven't shown any actual damages (at least here.).
Suing (or collecting for violations) shouldn't be your end goal. You should be prepared to do sue if necessary, but it shouldn't be your primary goal... |
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Agree with the general consensus - I'd be more than happy with Asset's retreat and would not want to endure the hassle of a lawsuit for an unguaranteed $1000. Money and energy would be better spent elsewhere...(IMO)..
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Dude, believe me... I am ALL for the greater good.... but what we are able to do as consumers.... just pennies to them. It's all well and good to make a statement, and stand up for the little guy... but they aren't even going to know your name.
And your name might be on some line item of a checkbook somewhere at some point... but that's about it.. I doubt you'd find an attorney to handle it... so you would have to go pro se. And while doable, it's not all that fun... |
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Thanks for all of your opinions. I love how everyone is against me and as fellow members of this board where we are supposed to be here for one another. Thanks for turning it all negative...
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First, I am not going to respond to your comments in the post above as it has no merit. Secondly, we are not all against you, we are trying to point out reality to you. I think many of us here have dealt with Asset and IMO you should be happy with what you got from them. Further, I am sorry I implied Court, however I know as many other do, if your talking $ Asset will not play ball unless you take them to Court. I was trying to infer that in my post above by referring to court, but obviously that did not work..
Us CB members complain on a daily basis about all the BS and harassment we have to put up from debt collectors. In essence you are turning the tables on Asset and doing the same to them, when they already gave you an amicable resolution.. Lastly, in regards to your "BS" about the bonafide error defense, I would opine you read some case law and get up to speed as to what would constitute it as well as actual damages... |
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I too filed suit against a "no name" CA, and got a nice settlement..
However, it took me almost 2 years to build that papertrail and document the violations before it was slam dunk... |
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Were you able to get around the SOL of violations being 1 year? Or did you have FCRA violations as well?..
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Op..I think it's great you beat asset..I've been stuck with them for years regarding a paid collection. You beat the monster..hold your head high and enjoy the victory. I would be happy with what you got...
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Who me?.
Heck, they kept violating out the whazoo so much, the current stuff made up for the expired.. The actual "violations" be it FCRA, or FDCPA were never clear due to the settlement. It was pretty much, "we did nothing wrong, here's some money, now go away'... |
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OP, your post title is written that "Won't pay up on FDCPA violations".
These might be violations in your mind but they'll never pay up until forced to by a judge.. Did you really expect them to send you a check for $1000, or have the BBB be your mouthpiece and demand the money from Asset on your behalf.?. They haven't violated anything until a judge deems that they have. They know that is the case too.. Don't take offense because you didn't get the response that you wanted to hear from the good and knowledgeable people here.. The right or correct actions or advice isn't always something that we agree with..!!. You've gotten some great advice in this thread from some very smart posters, most of them are just trying to prevent you from wasting your time on a wild goose chase.. You've won the battle here, try to realize that this is a war that you'll never win. You're not making any kind of statement that's heard around the world.. They spend $1000 on toilet paper on a daily basis... |
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I see a lot of posts on here about what the OP has said, but.... The bottom line OP is that IF you want $, then you have to litigate, plain and simple. Talking on CB's to get an 'adaboy' is not going to get you $!.
If you truely want what ever kind of justice you seek, it has to begin with a lawyer! If the lawyer tells you he/she won't take it on contingency, then that should tell you if your case is solid or not (its the lawyers gamble).. As for my opinion, I hate the way CA's are, so I SUE them! You know right from, and it one thing to find out what the CA screwed up on, but with this post it feels like you want others to make up your mind for you. Man-up and take destiny into your own hands. Perhaps one day we'll be quoting you, and you'll be sitting in the back ground chuckcling... |
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I have a friend that has gotten CAs to settle for FDCPA and FCRA violations without my friend having to file... Is it common? No.. but it is possible..
Except that many attorneys wont take FDCPA/FCRA cases due to the low $$ involved... and not because of the merit of the claim... |
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Feel free to keep your disagreements from turning personal..
Thanks... |
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Oh I took it personal due to the fact that my entire post was ripped apart because the person had a "a friend" or knew of lawyers who wouldn't take his/her cases because of the low $ amount it would bring it. When it comes to CA's, the only way to set them straight is to begin litigation (the commen census on CB's), so when a person rips apart what I said, yeah it personal, without actually saying so!.
The only reason why I reread this thread is because I wanted to see what a moderator would say, won't be doing that again. LoL, I'll just be using this site for credit pulls from now on... |
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Wow... This isn't even your thread, and 2ndly, I've replied to TWO of your posts. So I'm not sure what your talking about that I'm posting crap...
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CB does not recommended suing debt collectors to set them straight. While some of us choose to sue debt collectors like myself, it is something used as a last resort here on CB..
Nevertheless many consumer atty's will not take FDCPA and FCRA cases lately unless they are stacked full of violations. Moreover, when an atty will not take a case on contingency alot does have to do with the merits as well as the money. The money if FDCPA cases is not a ton as we all know. Further, we all know CA's and JDB's are starting to fight back quite fiercely. My guess is because of other so called credit repair boards that advocate sue now and ask questions later..... |
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My personal rule is only to sue when all other means have been exhausted...
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