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My collector lawsuit victory.....

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    #16
    Originally posted by dscurlock View Post
    So a little offer comes his way in the amount of $2,000 - he takes it, and the violating company gets off free and clear to do this all over again with someone else, they probably already found their next victum(s) some embarassment or blushing in the court room could have saved other people some heart-ache...
    You may be wrong here. Mann Bracken is the only collector whose call I've actually taken, about a month ago. To keep this short I won't go into details, but it was clear to me from the 15-minute conversation that the guy I spoke to was being very careful to avoid stepping over the FDCPA line. The most threatening thing he said was "The next thing you'll be getting from us will come from FedEx." I shook in my boots. Regardless of how I enticed him, he didn't come close to violating anything, mostly just trying to be authoritative in his tone. At one point he answered one of my entrapping questions by saying that federal law prevented him from going into that. I acted like a semi-ditz so if they were going to get jiggy with it, I certainly offered them the opportunity.

    Mann Bracken has several of my accounts and has promptly ceased and desisted upon signing for their cease and desist letters. The only way a civilized society has available to discipline non-felonious misbehavior is to transfer assets from a misbehaver to their victim. It's then all to easy to blame the victim for being selfish. Are Nicole Brown Simpson's parents selfish for taking as much of O.J.'s assets as they can lay their hands on? I bet CPO would have preferred to give Messrs. Mann and Bracken a nice punch in the nose each, but by paying CPO the $2k, their firm now sees the real possibility of paying out the wazoo for thousands and thousands of violations once one little person and his lawyer start spreading the word. Judging from my experience with Mann Bracken, they've now been disciplined into compliance.
    Chapter 7, California system 2, no assets. Pro se with Nolo.
    Filed: 10/8/08
    341: 11/5/08
    Discharged: 1/5/09

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      #17
      Originally posted by dscurlock View Post
      im having a collector problem right now, and you can read my current posts, but too me, this sounds like they just bought you off for $2k and they got off without a mark...

      with what a crediter is doing to me by re-aging an old account, thus screwing with my credit, thus hendering my ability to refinance, and so on, I dont think i would let them off for a mere $2,000 - if i did that, well, its like catching a big fish, then letting it go....your gloating over such a small amount of money that will be spent in no-time, and letting the big fish go....

      I just have to ask, why did you go that far just to
      end it with $2,000? did your attorney give you that
      speech, take the $2k or you would not see anything
      at trial? they offered you $2k because they knew they was guilty of something, even if it cost me the $2,000 - I would have ran those bastards as deeep as i could into the ground....

      all you did was take a few dollars and run...
      This is a cute little post of yours.

      So, apparently an unemployed, partially disabled combat veteran retired from over two decades active military service defending your little fat ass...

      ...just weeks from BK discharge with little cash to feed himself is supposed to bankroll and fight a knock down drag out lawsuit with a multi million dollar collection agency to cure a collection action MB has with you...

      So you feel better and get back at them...

      Is that it?

      What the ****?

      For your information, it is common for collectors to settle out of court for a reasonable sum considering the harm they commit against a single individual.

      If you have the cash to bankroll a class action lawsuit against MB then I suggest you get in line behind the great state of Florida and sue them after the AG their gets done with them.

      Otherwise, your little tirade against me for "selling out" shows a rather pathetic and anemic account for my success against MB.

      Why don't you strap on some balls, gather some evidence and sue MB yourself instead of dragging down what little success that many on this forum could achieve?

      Or is that just too hard for you?

      I'm done.

      CPO

      Comment


        #18
        Originally posted by dscurlock View Post
        I think you seen this wrong, they paid him $2,000 to drop the lawsuit, they was not paying him for violations, they were paying him off to keep it out of court. I see some of the reason now, if he did go to court, more then likely he would of only got $1000 as required by law, if that...

        So a little offer comes his way in the amount of $2,000 - he takes it, and the violating company gets off free and clear to do this all over again with someone else, they probably already found their next victum(s) some embarassment or blushing in the court room could have saved other people some heart-ache...

        but hey, who really cares, he got his $2,000
        Excuse me...that $2K will just pay my lawyer the fees for my BK.

        If your such a tough guy and with your bottomless cache of cash feel the desire to drag MB through the courts, then be my guest.

        I'll be awaiting the reports from CourtTV.



        CPO

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          #19
          Way to go CPO!!!!!!! I hope more get sued maybe it will help those that continue realize that sooner or later you will LOSE!!! Way to stand up to what's RIGHT and FIGHT, FIGHT, FIGHT!!!!

          Sara4

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            #20
            That is a fairly typical settlement that CPO received given the violations that occurred, and usually the attorney's fees are ON TOP of the settlement amount, so the collection agency is paying more than just the $2,000. The only drawback is the failure to admit liability, there is some debate in the NACA about whether an attorney should accept a settlement that limits the admission of guilt (i.e. because it limits the ability to pursue class actions). But, ultimately the decision is up to the client (i.e. CPO in this case).

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              #21
              "test"
              The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

              Comment

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