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Tuesday, March 09, 2010

How to get a NEW collection account deleted and PERMANENTLY closed

This is another new Liars and Cheats EXPOSED blog:

Credit Reporting and Debt Collection News

It looks like I successfully installed an mp3 player (I LOVE WordPress!) and I’m looking forward to posting many collection recordings with my analysis.

My first post is not just about deletion, but how to get PERMANENT closure of a collection account owned by a debt buyer and why it is so IMPORTANT to record those collection calls. 

Notably, my client offered to SETTLE the account for $750 after he received their initial collection letter and prior to their reporting to the credit bureaus.  He RECORDED the call, conducted himself PROFESSIONALLY, recorded the voice mails they left for him and then he paid me $300 for a “settlement”—not a bad deal for him!

As long-time readers know, I successfully sued IC Systems over PHONE CALLS—nothing else.  It’s the EASIEST way to document FDCPA violations because collectors just can’t stick to the script. 

So I posted the rather funny message the collector left on my client’s voice mail, but I removed the collector’s name as they did delete and close the account. 

Consider this “collection” reporting.

Had they NOT cooperated, they’d be featured on their own blog.  And I don’t even have to delete after 7 years.

I recently moved two of my published FTC and AG complaints to Liars and Cheats EXPOSED blogs:

Debt Collector Portfolio Recovery FDCPA and FCRA Complaints with FTC and Attorneys General

Credit Bureau Experian and DeVry Reporting False Late Payments and Refusal to Delete

It’s a LOT of work to publish these complaints, but it’s well worth the effort in the long run.  Collectors and creditors can see that I’m not bluffing.

New blog about credit reports, scores and scams

Please subscribe to http://liarsandcheats.info/free-credit-reports-and-credit-scores/ for updates with news about credit reports and FICO scores.

Monday, March 01, 2010

Capital One debt collection attorneys Erskine & Fleisher settled Florida FDCPA suit for $120,000

Here is the press release:

Florida Consumer Turns Tables On Debt Collector—Sued For $800.00 Dollars, Consumer Collects $120,000.00 Dollars From Debt Collector

Boca Raton resident Steven J. Pincus incurred legal fees in excess of $100,000.00 dollars defending an alleged credit card debt of $800.00 dollars. Pincus later sued the debt collector in federal court for filing a time-barred lawsuit, a violation of the Fair Debt Collection Practices Act. The debt collector settled the matter for $120,000.00 dollars on February 15, 2010.

Hollywood, FL (PRWEB) March 1, 2010—Scott D. Owens, a partner at Cohen & Owens, P.A. (http://www.DebtDefense.com), has settled a federal lawsuit filed on behalf of Steven J. Pincus against a Florida-based debt collection law firm, The Law Offices of Erskine & Fleisher. The federal lawsuit was originally filed in the Southern District of Florida on November 14, 2008 (Steven J. Pincus v. The Law Offices of Erskine & Fleisher, et al., Case No. 08-CV-81357).

Scott D. Owens, Esq.
Scott D. Owens, Esq.

On November 20, 2007, Steven J. Pincus was sued in Palm Beach County Small Claims Court for a 3.5 year old Capital One Bank credit card debt of $803.95 dollars (Capital One Bank v. Steven J. Pincus, Case No. 502007SC016285). Though Pincus disputed the debt, he offered the credit card company a few hundred dollars to simply make the case go away and move on about his life. Capital One Bank rejected his offer so Pincus decided to hire Hollywood, Florida Attorney Scott D. Owens to defend him in state court and level the playing field against the $165 billon dollar credit card giant.

To the shock and horror of Pincus, Capital One Bank and its Florida attorneys launched a crusade against the 56 year old resident of Boca Raton, forcing him to incur more than $100,000.00 dollars in legal fees. Pincus’s attorney argued that although the case was filed in Florida, the proper time frame to file suit should be determined using Virginia law, which has a three year statute of limitations as opposed to Florida’s four year statue of limitations governing credit card debts. The legal argument is considered rather novel as most attorneys are unaware that debt collection lawsuits may be subject to another state’s (shorter) statute of limitations.

“Its right there in black and white,” explained Owens, “though somewhat obscured in the six point font multi-page cardholder agreement, it does in fact state that the governing law is that of Virginia – not Florida.” Owens further elaborated, “it gets a little less clear as to what is the applicable statute of limitations in Virginia, however, in order for it to be considered a written contract and thus subject to a five year limitations period, the agreement must be signed by the consumer – the Capital One Bank cardholder agreement, like most others, is never in fact signed by anyone.” In September 2008, Palm Beach County Court Judge Ted S. Booras ultimately agreed with Pincus’s attorney, ruling that that the cardholder agreement was “an oral contract subject to Virginia’s three year statute on limitation which was violated by the filing of this action in excess of three years from the date of the last transaction.”

Shortly thereafter, Pincus turned the tables and again hired Owens, this time to go after the Capital One Bank’s attorneys in federal court. Pincus filed a one count complaint for violation of the Fair Debt Collection Practices Act (FDCPA). Owens explained, “as an original creditor, Capital One Bank is typically exempt from the FDCPA but their debt collector attorneys do not enjoy this luxury.” The FDCPA allows plaintiffs to sue for $1,000.00 dollars in statutory damages plus any actual damages suffered by the consumer. Attorneys, such as Owens, are able to file such actions because the statute allows the for the recovery of attorney’s fees and costs. The federal case was also heavily litigated but eventually the Defendants relented and settled the lawsuit on February 15, 2010 for $120,000.00 dollars. “They didn’t admit any fault,” said Owens, “but then again law firms don’t generally write large checks when they think they’re in the right.”

Mr. Owens has filed several similar actions in federal court against other Florida debt collectors. He hopes that the Pincus settlement will give pause to those debt collectors who continually file time-barred lawsuits.

About Scott D. Owens, Esq.
Scott D. Owens, is a partner at the law firm of Cohen & Owens, P.A. located in Hollywood, Florida. The focus of his practice is consumer protection, which encompasses both defending debt collection lawsuits in state court and litigating claims against debt collectors in federal court, principally for violations of the Fair Debt Collection Practices Act (FDCPA). Mr. Owens is a 2000 graduate of New England School of Law and an active member of the National Association of Consumer Advocates (NACA).

Contact Information:
Scott D. Owens, Esq.
Cohen & Owens, P.A.
3801 Hollywood Blvd., Ste. 200
Hollywood, FL 33021
Toll Free: 1-877-DEBT-FLA
Local: (954) 923-3801
Scott(at)CohenOwens(dot)com
http://www.DebtDefense.com

I find it most amazing that Cap One would even sue for $800—which most likely was 60% fees and interest.

I just looked at the docket for this case and after 1.5 years of litigation there are LOTS of filings, discovery issues and motions and I’ll be downloading many of the documents because one of the FDRS “debt relief” victims is sued by Cohen & Slamowitz.  It is incredible that they have absolutely NO respect for consumers and I’ve been working the last couple days to get most of the filings and especially my communications with Cohen & Slamowitz and the FACTS posted.

A key issue is once again SERVICE.  Apparently the server falsified the affidavit of service and Cohen & Slamowitz couldn’t care less.

I’ll post the link here once the blog is open.

Sunday, February 28, 2010

I’m ready to go to PRISON to fight for OUR right to free speech and to publish the TRUTH

As you can tell by the lack of posts here as well as at http://liarsandcheats.info/, I’ve been VERY busy.  I must have spent at least a hundred hours on the Wellstone Filters and Learned Jeremiah Hand defamation suit.

The forum at Fight Back: Wellstone Filters

The COURT filings including my 2/26/10 motions and many exhibits including the illegal junk faxes promoting Wellstone Filters OTCBB: WLSF.

Wellstone Filters and Learned Jeremiah Hand attorney Phillips threatened me with IMPRISONMENT.

And now I’m prepared to go to PRISON for my constitutional right to FREE SPEECH and to publish the TRUTH.

I’ve never thought of myself as a civil rights activist until a few days ago.  As I was writing my motion, I realized that I might as well just delete ALL my sites if I don’t put up the fight of my life.

Doctor Hollander’s attorney Johnson has been threatening me with arrest for over a year.  I don’t understand why the Colorado Arapahoe court issued a warrant for my arrest for publishing the TRUTH.

I was so scared, I have ZERO savings and I really don’t like to beg for donations, so I agreed to delete EVERYTHING about doctor Hollander.  I’m very ashamed I did that, but I was just really AFRAID.  I’ve never been in jail.

Of course the deal is now off.

I really don’t care which jail I go to—Colorado, North Carolina—I couldn’t care less. 

But I hope that my arrest will finally get the attention of free speech organizations and national media.

I’m no longer scared, I’m mad as hell!

It’s all or nothing.

Tuesday, February 16, 2010

New Life Solutions—another debt settlement fraud

I was going to post about the FREE credit report scams, but a Google ad caught my attention and I got totally sidetracked.

FED Credit Debt Relief and New Life Solutions SCAM

It’s truly fascinating to see how the regulators KNOW that they’re scamming people, but they do NOTHING to stop them.  Of course they’re located in Southern California, the financial fraud capital of the world.

And if you think that they got my attention because of the name so similar to Federal Debt Relief System, you’re right.  But they’re ALL scammers, there is not a single debt settlement company I can recommend.