[ilovemydogs]

Originally Posted by hannah

They can't just hold a hearing without notifying you of the hearing date and time. You do have due process rights.

Yes I have 90 days to do something, not sure what that is going to be however. IF I do not do something according to FAA I cannot do much.
???

[hannah]

Originally Posted by ilovemydogs

Yes I have 90 days to do something, not sure what that is going to be however. IF I do not do something according to FAA I cannot do much.
???

So far I have learned a lot and nothing. Am going to go through about 339 cases about the topic. You will have to be patient as I only have so many hours in a day.

[ilovemydogs]

Originally Posted by drivel

what's preampted mean?

You're a snob drivel.
Mother always told me the height of good manners is never to point out a mistake or make another feel lowly.
Faux pas on you.
Tsk tsk tsk...
How about lunch at Maidstone?
ILMD

[ilovemydogs]

Originally Posted by hannah

So far I have learned a lot and nothing. Am going to go through about 339 cases about the topic. You will have to be patient as I only have so many hours in a day.

Hannah
Are you a lawyer yet?
Are you a paralegal?
I have to say I would love to hire you if I could, as I want to get 'em.
I am almost to the point I don't care how much it will cost as long as they don't get anything. !!!

[hannah]

Originally Posted by drivel

As fun as that sounds, I am recovering from assisting in the preparation of toddler drivel's valentines for his day-care mates.

Since I'm feeling benevolent, here's my initial thoughts on those pressing legal issues.

1. MBNA-the question is not when, its why--and how. (Chew on that philosophical question for a while and the truth shall be revealed).

2. Lighted billboards go back to the revolutionary days when Thomas Jefferson's monticello mansion was blindsided by a "Paul Revere's Gentleman's club" neon billboard.

After checking the local ordinances he found that he was out of luck. He then decided to embrace the colorful lights, planted a garden near the sign and enjoyed the delicious vegetables that soaked in the nourshing light.

At night he simply pulled his shade down and continued impregnating his slaves.

I am looking into to that very question with regards to MBNA as originally arbitration was only supposed to be between businesses not between businesses and consumers as this would deprive a citizen of their due process rights. However both must AGREE to arbitration. This problem that ILMD's is fighting has been beaten in other courts just not in MA, yet... And the how is "mixed in with that flyer to buy that decorated official 1776 checkbook cover".

As for old Thomas, I guessing you watched Sally Hemmings over the weekend but your analogy doesn't address the public and private nuisance issue though regardless of how tasty those veggies might have been or the thickness of the shades. As a matter of fact, he shouldn't have had to spend the time and money to plant those veggies at all nor have to buy extra thick shades. Come to think of it, he shouldn't have had to draw his shades at all...

[ilovemydogs]

Originally Posted by jlynn

Somewhere on this site, and I don't remember where is a link to the deposition of an ex-arbitrator. It was an eye opener, and something you should probably find and print out.

I haven't found it yet.
On another note, what is the scoop with creditwrench? He wrote on another site that he had bogus affidavits to contest NAF.
I went there and while I could read a post on each thread that was all I could read.
Never saw anything about the bogus affidavits.

[ilovemydogs]

Originally Posted by hannah

She meant preempted which means "to acquire for oneself before others can do so." I am going out on a limb here and say that she meant she needed to do something before CAVC did something like get their NAF award reduced to a judgment by a court in MA.

Are you not very busy today?

Yes as from what I have read and heard I need to do it BEFORE they try to affirm after 90 days,or file a suit.

ILMD

[ilovemydogs]

Originally Posted by jlynn

Obviously he has reduced all his NAF awards to judgments, hounded all the little old ladies he could find on SS, and has finished executing all garnishments on his calendar for the day.

I think he's upset as he got denied membership.

ILMD

[hannah]

Originally Posted by ilovemydogs

I haven't found it yet.
On another note, what is the scoop with creditwrench? He wrote on another site that he had bogus affidavits to contest NAF.
I went there and while I could read a post on each thread that was all I could read.
Never saw anything about the bogus affidavits.

I think it's the Bartholet deposition that Jlynn was referencing. Attached.

[ilovemydogs]

Originally Posted by hannah

Perhaps then he'd do a little legal research for me today and find out what he can about cc agreements for MBNA and when they started including arbitration in them? Or perhaps brainstorm an argument for lighted billboards being a public and private nuisance when abutting a residential zone.

Hannah
I got lights that shone on abutters property a violation here .

Having lights lighting up your property or shining in your windows, is something I fought and got a petition against INVADING LIGHTS,as one should have the right to enjoy their home and not have light invade,so here NO LIGHTS if bothered by an abutter. : )

[ilovemydogs]

Originally Posted by Hedwig

I'll say one thing for Drivel. He always has an answer. It may not be what you want to hear, but it's an answer!

If MBNA when opened did not have an arbitration clause and then sent one later as a flyer in statement they then had one unless I closed my account- I think : (
My account was opened in 2000.
I do not have any paperwork.

[ilovemydogs]

Originally Posted by hannah

I am looking into to that very question with regards to MBNA as originally arbitration was only supposed to be between businesses not between businesses and consumers as this would deprive a citizen of their due process rights. However both must AGREE to arbitration. This problem that ILMD's is fighting has been beaten in other courts just not in MA, yet... And the how is "mixed in with that flyer to buy that decorated official 1776 checkbook cover".

As for old Thomas, I guessing you watched Sally Hemmings over the weekend but your analogy doesn't address the public and private nuisance issue though regardless of how tasty those veggies might have been or the thickness of the shades. As a matter of fact, he shouldn't have had to spend the time and money to plant those veggies at all nor have to buy extra thick shades. Come to think of it, he shouldn't have had to draw his shades at all...

I applied as a consumer not as a business.
Never had any business accounts except AMEX.

Oh and for drivel,MONTICELLO doesn't have SHADES but SHUTTERS.

ILMD

[hannah]

Originally Posted by ilovemydogs

If MBNA when opened did not have an arbitration clause and then sent one later as a flyer in statement they then had one unless I closed my account- I think : (
My account was opened in 2000.
I do not have any paperwork.

According to my research, towards the end of the year 2000, they started including the arb clause in their agreements. For all other card holders, they sent them as updates in their billing along with their filler ads. It wasn't until 2005 that they started sending them separately in envelopes that actually said on the envelope what they were which was due to a class action suit that they lost.

[jlynn]

Originally Posted by ilovemydogs

I haven't found it yet.
On another note, what is the scoop with creditwrench? He wrote on another site that he had bogus affidavits to contest NAF.
I went there and while I could read a post on each thread that was all I could read.
Never saw anything about the bogus affidavits.

He wants you to pay him. He's running around spamming again - business must be down.

[ilovemydogs]

Originally Posted by hannah

I think it's the Bartholet deposition that Jlynn was referencing. Attached.

Whew lot of informative reading.
What ever happened with the case?
ILMD

[ilovemydogs]

Originally Posted by jlynn

He wants you to pay him. He's running around spamming again - business must be down.

I thought so
Thanks
ILMD

[ilovemydogs]

Originally Posted by ilovemydogs

What do you think of this?
I looked up on line and could not find them.
I did find something like C but it was formerly Bonwit Teller.
Do you think I could use this?
WOuld someone go to the Mass site and check it out to see if I missed it?
Thanks a lot.
I really want to do something about this NAF.
I have filed com plaints all around, and while it isn't going to break me if I wind up paying I really would like to get them,so they have to stop all this BS on others as they couuld ruin a life.


FAIR DEBT COLLECTION PRACTICES ACT (LIABILITY FOR FILINGCOLLECTIONS SUIT IN AN IMPROPER VENUE & FILING FOR IMPROPERDEFAULT JUDGMENT)Harrington v. CACV of Colorado, L.L.C., 2007 WL 2452891 (D. Mass. Aug. 30, 2007)Plaintiff filed suit against the Defendant debt collector claiming violations of the Fair DebtCollection Practices Act (FDCPA) arguing that the Defendant’s actions in filing a state courtlawsuit against the Plaintiff were improper. The Defendant had brought a suit against thePlaintiff in order to collect a debt. After the Plaintiff replied to the Defendant’s discoveryrequest, the Defendant moved the Court to default against her, claiming that she had failed torespond. When the Plaintiff informed the Court she had responded, the Defendant moved tovacate the judgment; the Court complied. The Plaintiff then was able to dismiss the collectionsuit because the Defendant was not registered with the Massachusetts Secretary of State as aforeign corporation as required under Massachusetts law. In the Plaintiff’s FDCPA claim, shealleged that the Defendant violated the FDCPA through four acts. First, the Plaintiff argued thatthe Defendant filed the state court lawsuit in the improper venue. Although the Plaintiff’s claimswere dismissed because they were time-barred by the statute of limitations, the Court stilldiscussed the claim because it was relevant to her state law claims. 15 U.S.C. § 1692i requires adebt collector to bring a legal action only in the judicial district in which the consumer whosigned the contract resides. The Court held that because the Plaintiff lived in a judicial district
Page 3
Burr & Forman LLPAugust 2007Page 2that was separate from the one in which the Defendant brought its action, the Defendant was inplain violation of the FDCPA. Second, the Court held that the Defendant’s filing for defaultjudgment was unreasonable, in violation of § 1692f, and constituted a threat to take legal actionthat could not be legally taken, in violation of § 1692e. Because the debt collector had reason toknow that the filing of default judgment was improper, it can be held liable under the FDCPA.For the third and fourth allegations, the claims were dismissed because they surpassed the one-year period for the statute of limitations allowed under the FDC

Any thoughts on this?
ILMD

[drivel]

Originally Posted by ilovemydogs

Any thoughts on this?
ILMD

I laughed, I cried, definitely the feel-good post of the day.