Cites - FDCPA (Title 15, Chapter 41, Subchapter V)

[dashboy]

Tatsy,
You have certainly said a lot in your post. Are you saying someone threatened your life over an alleged debt? If so, did you notify your local Police Department to at least get a police report for documentation?
Aside from that, I believe it is important to stay with the Law and away from other approaches (7th Fire) that leave you without help when roadblocks arise. For what it is worth, I think you should step back and re-evaluate your approach. It is true that original creditors collecting their own debts (assets owed) are not subject to the FDCPA, but they are subject to the FCBA, provided you sent it to the proper party at interest. Did they answer your FCBA notice within thirty days?

I think you have made the mistake of sending your correspondences to the wrong parties. You have also made some assumptions that may be off base as well. What makes you think SALLIE MAE, NELA or GRC is the original creditor? Did they tell you this in correspondence? Did all three claim to be the original creditor? Perhaps you should do a little background check on all three to find out who they are!

Who actually loaned you money for your alleged student loan? Have you sat down and read over all the original truth in lending copies given to you after signing? What do they actually say?
Why are you sending them negotiable instruments, debt securities that they can and will keep for their own account and still possibly litigate against you anyway? Why are you sending affidavits as testimony when they need to be testifying with their own proof of claim that you owe?

You stated that your wrote the FTC and other Gov agencies who told you the problem was outside their jurisdiction, when in fact you should be writing the bank regulator who regulates the original creditor. This would be the bank you sat down at to sign your original documents. Did this original creditor assign your note to one of these other agencies (Sallie Mae, ECT...)?

Was the copy sent to you front and back? Was it certified? If not, how far of a drive would it be for you to go see the originals with your own two eyes?
What is it you think the UCC-1 will do to discharge the debt? Is the proper party coming after you for this alleged debt? Is there a debt?

I know I may have raised more questions than answers but they are legitimate ones that need to be answered for your own peace of mind before you continue your assault. Make your assaults more productive by asking the proper questions directed at the proper parties.


dashboy~

[Tatsy]

The (4 pages) I received is very comprehensive and I am very grateful. I will do my homework. Next I have to work on elegance (less words that do more work). It does appear that I will have to school myself first and then begin schooling those I am dealing with.
I have to clean up my response to the Debt collectors, (which was too elaborate, and review this information for BEST response.
My previous attack was based on many of the points outlined in these pages (and justifyably so), but the next step was less obvious to me. My weakness seems to be that it is a student loan, so i will have to read this all very carefully.
Right now I am re-drafting my CA . I expect to follow it with a Notice of Default. (No certified (signed by person)affirmative defense has come my way since my iniitial letter 8/16/2005.
Comments from the gang regarding that strategy (CA... Notice of Default) or pursing a Commerical Lien? I have read the text of the article, "Commercial Liens, a Most Potent Weapon", but I am unsure of the efficacy of it. Some experiences would be helpful so I can weigh my options.
Thanks and good luck to every one here at sui juris .
Oh, and the Administrator ROCKS. :-)
Be well, and Thanks again, Linda

[Tatsy]

Thank you for those who wrote me with questions and a new way of looking at this process. I am backing up and starting over (starting with the UCC, Tradename registration etc..)
To answer some of the questions that were raised:
I do not have the original documentation, owing to adverse circumstances, and I no longer live in that area. I do not know who the original lender was, but it appears that SALLIE MAE, NELA AND GRC are all debt collectors, and they identity themselves as such by their mechanically generated letters, with some line that always say, "this is an attempt to collect a debt".
I had hoped to accomplish 1) getting them backed off long enough to buy time to figure all this out. That, at least has happened (they backed off and I have time). I have my name Trademarked (as of yesterday) and I went over the UCC1 with my partner, so that will be done tonight, and then sent out tomorrow.
I will be reading A New Beginning and other works on the site (especially, How to Handle Presentments) and these materials should give me the minimum basic Ed to shift how I currently handle presentments to the more effective "Sui Juris" method.
Yes, they threatened me, and no I did not report it to the police. I have, until recently, been in very difficult financial straights and, having lost everything, I felt I had no rights. One good thing the threat accomplished: I had had enough and I am fighting back.
I have been getting some VERY strange calls, (no identified caller), but a woman calls who accuses me of things, or tells me to call some number. I suppose it could be several people, but the voice sounds the same to me. We did record that and then took it to the police. I am more proactive every day.
I would sum up what I have learned so far as: I should have identified who the originator of the loan was and told everyone else to get out of my commcercial affairs.
I will pop back in and post as I get more knowledgeable and can provide more intelligent questions.
Your support means a lot to me. Thank you all.
Tatsy

[Tatsy]

http://www.lawfulpath.com/ref/cr-rejected.shtml

Would you care to comment on Jack Smith of the "Lawful Path's" comments regarding his rejection of A4V and the Strawman concepts?
Who is he and what is his shtick?
Sui Juris seems to have demonstrated that A4V has merit and is a lawful process.
Thank you for your feedback.
In Light, Linda

[Tatsy]

dear Sticky, My UCC1 is finished and reasy to mail out tomorrow thanks to the help here.
the FTC wrote to me yesterday to say that they could not get involved in helping me in my dispute with the debt collectors because it is a "private matter". (I had written to them to request that they investigate).
How is a dispute btween myself and a CORPORATION, (SALLIE MAE, GRC AND NEAL) regarding a student loan, a pricvate dispute?
IF the FTC cannot intervene in this matter, then all I have accomplished is to get them to back off, but I do not know what to do next.
To date I have sent them a CA, and they provided nothing in response but a copy of a promissory note. they also sent me loan forms several times, which I thanked them for but explained I was not applying for a loan with them, so I didn't understand why they were sending me loan forms.
I continued to send CAs each time they wrote, and then I found Sui Juris and figured out I was spedning a heck of a lot more energy than I eneded to.
So, this is a secured (student) loan issue, and they have backed off due to my Ca. How tdo I get my credit cleared up and what do I do to ensure they don't come back after me using some different strategy?
I realize that there are no silver bullets and that I have to keep at it, but I do want to make sure that THIS TIME I am doing this correctly. Most of what I have read so far doesn't seem to address student loan or secured loan issues.
Also, is there any way to get damages against them without going to court? they did not answer my claim that they owed me damages, and they also did not asnwer my claim that I can act as their agent. (Again, previous advice suggesated I might be able to sign as their agent to get rid of their negative reports to the 3 CRAs, however I have not moved forward with that. I am in over my head on that issue, (so I just stopped altogether and started reading as much of the materials on this site as I could.
In my reading so far, the smartest thing to do seems to be to pay them off with a BOE if they will take it. Once I learn how to do that, I will be a very happy camper.
Thank you for your help. My struggle to learn continues. Blessings, Tatsy

Does anyone know how to remove a case to federal court. I put a credit card in dispute . They failed to acknowlege the billing error dispute. Thus leading to many violations. I am being sued. I need to know how ot bump it up to federal court and also sue the debt collector based on violations of the fdcpa
My personal email address is benzboyb@yahoo.com

Any help is appreciated.

[brozer5]

Originally Posted by Tatsy

http://www.lawfulpath.com/ref/cr-rejected.shtml

Would you care to comment on Jack Smith of the "Lawful Path's" comments regarding his rejection of A4V and the Strawman concepts?
Who is he and what is his shtick?
Sui Juris seems to have demonstrated that A4V has merit and is a lawful process.
Thank you for your feedback.
In Light, Linda

Someone here has a link to some of Jack's meeting archives; but mine doesn't work...

[jallen]

Sorry that I miss a VERY important point.

You are not your strawman. The system ONLY moves against strawmen/fictions. When you receive an offer from any of them it is addressed/directed to the fiction not the living man.

It is crucial that you fully understand they are not moving against people, only persons/fictions. That is why you can fire them. They want you to stand in for the fiction, don't consent to do it. NEVER argue with anything they say or write, you have to accept it for value.

Disputing anything gets you before a judge if you do no understand they are only making an offer and attempting you to act by reflex to defend, don't defend, accept as true and return their offer within 3 days. It it has been over 3 day still do it anyway.

Write back and tell them:

"If you, or you assigns represent me, or think you represent me, you are all fired"

jallen89@hotmail.com

[jallen]

See 'Pissing in the Wind' posts
jallen89@hotmail.com