@Anonymous wrote:
@Anonymous wrote:
I am at no point rationalizing illegal actiivity by anyone, but you may, depending on how Ford's contracts are written and the SOLs, owe the money.
Just be ready for that possibility, with or without a lawyer.
At the same time, you must also expect that unless there are recordings of the conversation between them and your mother, or other parties, actually proving that they violated FDCA may be difficult as well.
And if recordings do exist you may want to know your state's laws regarding them. In some states recording without a statement telling the other party you are recording them can be a violation of the law itself, and not telling them they are being recorded may or may not invalidate the use of the recordings.
http://www.rcfp.org/taping/
Wrong on all counts.
ACTUALLY I AM NOT WRONG ON ANY COUNT. ALTHOUGH THE OP SAID "THIS IS IN TEXAS," ONLY AN IDIOT WOULD ASSUME THAT THE WHOLE CASE, INITIAL CONTRACTS AND ALL WERE FOR TEXAS. I TOOK THE TEXAS STATEMENT TO MEAN THE MOTHER AND HER LIVING SITUATION ONLY, NOT THE OP AS WELL. I HAVE NOT LIVED WITH MY PARENTS IN THEIR STATE FOR YEARS.
MY ADVICE WAS GENERAL AND INFORMATIVE, AND THAT SIMPLY EVEN WITH A LAWYER YOU MIGHT NOT LIKE THE ANSWER YOU GET.
I, UNLIKE OTHERS, DO NOT FANCY MYSELF A LAWYER NOR TRY TO GIVE LAWYERLY LEGAL ADVICE TO ANYONE. MAYBE YOU ARE AN ATTORNEY, MAYBE YOU EVEN HAVE AUTHORITY TO PRACTICE LAW IN TEXAS, PLEASE STATE THAT IF YOU DO. IF NOT, MAYBE YOU SHOULD TEMPER YOUR LEGAL ADVICE WITH SUCH DISCLAIMERS.
SOL in Texas is 4 years for the particular type of debt OP is dealing with.
Texas is a one-party state when it comes to recording phone conversations. BUT, AS THE LINK I POSTED ALSO SAYS WATERS GET MURKY IF THE AGENCEY ITSELF IS IN ANOTHER JURISDICTION/STATE. MY STATEMENT WAS ALSO MADE TO ENLIGHTEN PEOPLE THAT RECORDING CONVERSATIONS MAY OR MAY NOT BE THE SLAM DUNK THEY THINK IT IS, ESPECIALLY IF THEIR STATE IS NOT A ONE PART Y STATE, OR IF THE RECORDING IS NOT COMPLETE. WHICH THE OP SAID HIS WAS NOT GOOD QUALITY.
You do not need actual recordings to prove violations of the FDCPA at all. Carefully taken notes made after the calls in question would suffice especially given that (1) there is a police report and (2) Repo Company's obvious propensity to lie destroying all credibility. A JUDGE WOULD DETERMINE THAT ACTUAL ELIGIBILITY I BELIEVE, UNLESS YOU CAN SITE SOME SPECIFIC ASPECT OF LAW, CASE LAW, OR JUDGEMENT HISTORY WHERE THEY WOULD TAKE THAT SOLELY INTO ACCOUNT TO WIN A ACTUAL SUIT. WILL IT HELP? YES. WILL IT SLAM DUNK THE CASE TO INSTANT WIN, I SIMPLY DO NOT THINK SO AT ALL. I CAN FILE A POLICE REPORT RIGHT NOW AND SAY A SPECIFIC CAR I SAW WITH A SPECIFIC LICENSE PLATE HIT MY CAR IN A MALL PARKING LOT AND COULD BE COMPLETELY MISTAKEN OR SIMPLY NOT TELLING THE TRUTH. THERE HAS TO BE SOME SUBSTANTIARY EVIDENCE.
Most importantly, and unless there have been extraordinary changes in contract law within the last, say, 24 hours, you cannot be obligated under a contract for services of which you are not a part. The only parties to that contract are Repo Company and FMC. While it is possible that OP could be liable to FMC under the terms of the contract which established his auto loan, he cannot be liable to Repo Company. Even liability to FMC is, in this case, extremely remote since FMC supposedly did not pay Repo Company and, thus, has no reimbursable expense. THINK I EXPLIANED IN MY STATEMENT WITH ENOUGH "NOT SURE" BUT BE READY FOR AN ANSWER YOU MAY NOT LIKE. BILL HANDEL IS FAMOUS FOR TELLING PEOPLE "THEY HAVE NO CASE."
Edited to remove an unnecessary comment - MarineVietVet, myFICO moderator AN ODD ACT RARELY TAKEN IN MY POSTS, FUNNY THAT HUH?
Do companies violate the law? YEP.
Never said they didn't.
Starting Score: 580