The Buck Stops Here

I learned something new today in my lessons of becoming debt free. I recieved this Praecipe for Arbitration in the mail as listed in my last post and had no clue what it was.
I called the prothonotaries office at our local courthouse where the document had been filed. She has been a gem through out this whole process, she has answered every question with kindness and professionalism.
I found out that yes, they did file this document, however they did not submit payment to go along with it. So, no action will be taken until they send in the payment. If and when they do, both sides will be sent a list of local attornies and will have to choose 3 that they don’t want on the arbitration board. Once this is sent back in, the chairman will choose three and they will set up a meeting. No one will know what 3 attornies will be chosen before the meeting. I will have a chance to submit all my documentation that this lawfirm has continually denied me access to everything, even though I have repeatedly requested it by certified mail that they have signed for. I have a ton of junk to take in with me, I have to get organized. Any way I feel more comfortable now, knowing that my case will be heard by individuals that have nothing to gain from it. I will update at a future date when I have more information.
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I have started to look at this law suit with CACH as a lesson in debt collection. Hell may as well gain something from it. Well finally after a few months of not hearing from them, I recieved in the mail a Praecipe for Arbitration. I have to call the courthouse today and find out just what the hell that is, I have read conflicted definitions. If anyone has a clue, please advise???

I am hoping whatever it turns out to be, it will wait a few months, I can’t afford any payments right now. My biggest hope is that the arbitrators will look at the information I have and make them come up with the information that I have requested in discovery or go away! Just hoping!

So my struggle continues, I have paid off two past debts that have been hanging over my head forever and things are getting better. It just seems like everytime I take one step forward, I go two back. Keep thinking, two more pay checks, two more paychecks, they come, they go and I still am not in the green. I got to come up with a plan and stick to it or find a way to generate some extra income. I have tried the writing pages online but when I am so consumed with this stress it is hard to be creative.
I am just venting here and looking for some ideas, anyone have any? I am here with open ears?????

Great site for jobseekers
indeed.com
This site is awesome, it pulls from all other search engines, a one stop shop for your job search needs.

Had a 3 hour meeting today at our local VA hospital. Sounds as if there has been a good amount of money approved to move on with the implementation of the OIF/OEF programs to help veterans who are returning with traumatic injury. This program is set up to act as a liason between the Department of Defense and the Department of Veteran affairs to keep veterans from falling through the cracks. I believe our VA hospitals in Pa are making a great effort to make sure that our veterans get the help they need upon return from active duty. The program is fully operational now fully staffed and doing the outreach necessary to contact those in need of help. I applaud their efforts and look forward to working with them to help our soldiers returning with medical and psychological needs.
If you know of someone who served in either campaign and is in need of assistance, the VA has a OEF/OIF webpage availible to address the issues that surround getting the help need. Please advise any veteran or family member to contact the VA through this link so that they can get the help they need.

I have been planning and working on our little girls birthday party, she will be four years old this weekend. She is so excited. I am hoping the weather cooperates. Our theme is spongebob. Last year for him, she is slowly hitting the princess world. God, those spongebob pinata’s were so easy to make! LOL.
We have several games for the kids to play, our menu is hotdogs, cake, chips, ice cream, candy, totally planned by the kids. I have made it clear I am not responsible for the tummy aches.
Should be alot of fun. Good time for the family to get together before the summer ends.

I have been out all week for training on a new system that will be put in place on September 5th. It is tough, completely different from what everyone is used to. Our customers will probably have a real hard time with it. So that sums up my week and it is only Tuesday, blah, blah, blah

Cat had 5 kittens this week, 4 lived, two gray, one black and white and one orange. Yeah, need to find homes.

Got a letter from the magistrates office yesterday that my case with capital one was dismissed without predjudice. I filed it under my paid in full’s in my filing cabinet. They will send me a letter 30 days from now stating the account is paid in full and satisfied. One more credit card nightmare to take care of. Of course it is the one that ended up in CACH’s hands. They haven’t been upfront with me on anything. I am still in the process of trying to get them to give me proper validation. I don’t believe they have. I have an attorney looking at what they have sent me so far, it has been almost 9 months since they sent me a summons and we have not been to court yet. So, I am hoping to get it dismissed. This saga continues.

I haven’t written on my blog in about a week, been busy doing the associated content posting and trying to make a few extra bucks. I got 5 published so far, every little bit counts. Not real sure what I will do with it once I save up enough to use for anything. Maybe I will just leave it for the holidays, it is a ways off and by then should have enough in there to buy something descent. I try to write a few times a week and get paid between $5 and $8 per post. So it is adding up, slowly but surely.
The new baby is doing great, he is so tiny, I don’t want to baby sit yet, too little for me yet. Makes me nervous. I can wait a few months on that. Mom is doing great, she has transformed herself into the good little mommy that we knew she had in her.
Financially, I am surviving, still behind, trying my best to get caught up. Everytime I think I am getting ahead, some bill comes in the mail as a surprise. I am really tired of the tax man. He hit three times. IRS, local and now the state is on my butt for their share. Seems like I can’t get ahead here. Still working on it.

I filed a complaint with the ftc about a lawfirm that is suing me and not responding properly to my debt validation. Although I didn’t get a clear answer to my question, they did lead me in the right direction. I wanted to add this because I was surprised at what they feel a debt collector can get a way with.
Quote:

July 31, 2007

Dear ******* ********:

Thank you for your correspondence regarding debt collection practices. The Federal Trade Commission enforces the Fair Debt Collection Practices Act (”FDCPA” or “Act”), which prohibits unfair, deceptive and abusive debt collection practices by collection agencies and other third-party debt collectors. It also gives you certain rights when you are being treated improperly by a debt collector. Although the FTC staff is not in a position to intervene on your behalf in resolving your problem, we would like to outline some of the provisions of the Act for you and explain how you can use it to avoid further distress. We note at the outset, however, that the Act generally does not cover either the collection of commercial debts or the collection activities of the party to whom you allegedly owe your debt (the creditor) so long as the creditor is collecting in its own name. The Act applies only to third-party debt collectors collecting consumer debts.

Congress enacted the FDCPA in 1977 in response to mounting evidence of the use of improper debt collection techniques in the marketplace. The Act prohibits several of these techniques, including, for example, disclosing consumers’ debts to most third parties without the consumers’ consent. It also forbids false threats to coerce payment (such as threats of suit or other actions when they probably will never occur) and any sort of oral harassment (such as threats of violence, profanity, and continuous calls) over the telephone. No calls may be made very early in the morning or late at night, calls to a consumer at work are restricted, and debt collectors may not add charges to the debt unless the consumer has agreed to them or they are permitted by state law. Finally, a debt collector may not sue a consumer outside the district (1) of the consumer’s residence or (2) where the contract creating the debt was signed.

If you believe that you do not owe the debt, you may file a dispute with the debt collector. If you do so in writing within thirty days of the date the collector notifies you of this right, the Act requires the collector to stop all collection efforts until it provides you with written verification of the debt. The Act also specifies that the debt collector inform you of this requirement at the beginning of the collection process. If you were not so informed, the collector violated the law.

Instead of filing a dispute, you may choose to send them a letter demanding that the debt collector cease all further collection efforts. If you do so in writing, the Act requires that the collector comply with the demand. We suggest that you send the letter by certified mail, return receipt requested, and keep a copy for your records. Please note, however, that sending a cease communication letter does not prevent the debt collector or the creditor from filing suit against you. It does, however, prevent them from calling you and sending collection notices.

If you believe that the debt collector that is contacting you violated the law in this or any other way, you may additionally:

1) File a complaint with your state or local consumer protection office and/or the party to whom you originally owed the debt (the debt collector’s client). If you file a complaint, describe the circumstances in detail and send copies of all written materials received from the collector. Any of these parties might take independent action against the collector.

2) File a private suit against the debt collector in any court for violations of the Act and, if you are successful, receive actual damages, attorney’s fees, and additional damages up to $1,000.

Remember, however, that the Act does not function to erase a valid debt, even if a debt collector has violated the law in attempting to collect it from you. If you really owe the debt, you will still have to cope with the consequences of non-payment if you do not pay. Remember also that some collection techniques, while unpleasant or distasteful, are not law violations. For example, a debt collector may:

1) Contact third parties solely to determine where you are, so long as the collector does not disclose the existence of your debt.

2) Contact you at work if the debt collector has no reason to believe that your employer prohibits the contact (and you have not filed a cease-communication request).

3) Use a rude or angry tone on the telephone, if the overall communication with you cannot truly be characterized as abusive or harassing.

4) Threaten consequences of non-payment that are truthful. For example, debt collectors may threaten to sue if suit will, in fact, be the result of non-payment. They also may threaten to report your debt to a credit bureau if, in fact, they intend and are legally able to do so. It is to your advantage to know the probable result of withholding payment, if it is accurate.

5) Accept or solicit a post-dated check, if the collector does not deposit it before the date on the check.

6) Refuse to accept a partial payment for a debt (even if you had such an arrangement with the creditor). If there is more than one debt, the collector must credit the account that you designate.

If you owe the debt, we suggest that, before you resort to some of the stronger measures outlined above, you try to work out any payment difficulties, first with the debt collector and next with your creditor. Finally, if you decide to proceed further, or if you think that the collector or creditor is about to take legal action against you, be sure to contact your local legal aid office or an attorney for advice.

Like the FDCPA provisions discussed above, you may also find certain Fair Credit Reporting Act (FCRA) provisions helpful if you believe that a debt collector is providing inaccurate information about you to a credit bureau. To fully protect your rights under the FCRA, we strongly recommend that you dispute the credit report item in writing to both the credit bureau and the debt collector. When you dispute the item to the credit bureau, the FCRA requires that the credit bureau pass your dispute to the debt collector, along with all relevant information you provided. The debt collector must investigate the dispute (which includes a review of the information you provided) and report what it found to the credit bureau within thirty days after you first disputed the item to the credit bureau.

During this same period, the credit bureau must also review the information you provided. If the debt collector reports that the credit report item is incorrect and should be deleted, or fails to report to the credit bureau at all within the thirty-day period, the credit bureau must delete the item from its files. If the debt collector reports that the item is inaccurate and should be changed to a less delinquent status (e.g., 30 days late, rather than 120 days late), but not deleted, the credit bureau must make that change in its files.

We hope that this information has been helpful to you. Please be assured that we are always interested in reports of law violations. If we cannot act immediately to remedy them, we will retain whatever you have provided for possible use in future enforcement actions. The efficacy of our FDCPA enforcement program is largely dependent upon information we receive from individuals like you. Thank you for writing.

Sincerely yours,

Consumer Response Center