Sunday, November 04, 2007

More blunders from Creditwrench attempting to give advice

A consumer recently inquired whether or not a collection agency violates the law if they are attempting to collect a debt in a state which requires them to be licensed, but they are not so licensed.

The false and misleading information provided by Creditwrench CEO Bill Bauer is as follows:

"If a debt collector operates in Texas without a license that matter is only between the debt collector and the State of Texas. It is state law that is violated if they collect debts and do not have a license to do so and the state is the injured party, not the consumer. There is no requirement in FDCPA that debt collectors be licensed to collect debts."

Though state statute may not provide for a private right of action for a consumer that is the subject of unlicensed collection activity, the FDCPA does.

If a collection agency must be licensed in a given state, and they are not, they are taking an action that cannot legally be taken in violation of § 1692k and 1692e of the FDCPA.

The courts have been quite clear in this regard, and many consumers have prevailed in exactly such cases.

For example, in Picht v. Jon R. Hawks, Ltd., 236 F.3d 446, 448 (8th Cir. 2001) the court stated:
The FDCPA prohibits, inter alia, the use of debt collection practices that violate
state law. See 15 U.S.C. § 1692e(5) (prohibiting debt collectors from using "false,
deceptive, or misleading representation or means in connection with the collection of any debt," which specifically includes "[t]he threat to take any action that cannot legally be taken"). The Act provides a damages remedy to debtors who have been subject to such unlawful collection practices.

And, in Johnson v. Riddle, No. 01-4028, 2002 WL 1381233, *6 (10th Cir. 2002):
When the alleged FDCPA violation is an improper use of state proceedings, liability under the federal statute turns on the propriety of the debt collector’s conduct under state law.

You don't need to ask the collection agency if they are licensed. Make a simple phone call to the state's licensing authority who will more than happy to tell you whether or not they are licensed.

Shows again how little Creditwrench CEO Bill Bauer knows about the FDCPA. And, how false, misleading, and useless his "expert" advice is.

Tuesday, October 30, 2007

Dangerous advice from Creditwrench

In a discussion today with a consumer who is being sued for a debt in Ohio, Creditwrench CEO Bill Bauer provided some more very dangerous advice.

The debtor is being sued for a credit card debt. Her only assets are a van and a bank account in both her and her husbands name.

What did Creditwrench CEO Bill Bauer advise?
I would recommend that you have him take your name off the van.....take your name off the checking account too.

What Creditwrench recommends is known as a fraudulent conveyance. And, is specifically adressed by Ohio statute R.C. 1336.04(A) et seq.

You cannot transfer assets in an attempt to hide them from a creditor. Though this theory has been taught by the likes of Robert Paisola, John Ghila, and now Bill Bauer, it's illegal.

Quite easy to prove in the instant case too, since bank records and motor vehicle records would show the dates of transfer as subsequent to the date of the lawsuit being filed.

The creditor would find the transfer dates as soon as they completed a simple asset search.

Then, guess what? All of those previous assets of hers become subject to levy.

And, no Billie. They cannot touch the home that is in the name of her spouse for her obligation, even if her name were on the fucking moron.

Sunday, October 28, 2007

More non-expert advice from Creditwrench

In response to a recent question by a consumer who is facing a garnishment order and is fearful of losing his job because of it, CREDITWRENCH CEO Bill Bauer offered the following advice:

your employer cannot fire you because you have a garnishment. If they did that would be a violation of federal law....

As has been proven so many times before, Creditwrench CEO Billie Bauer is entirely unfamiliar with consumer protection statutes, but nevertheless continues to provide dangerous advice based upon them.

The Federal Law which governs garnishment of wages is the Consumer Credit Protection Act.

Under the Act, a consumer is protected from termination of employment for the garnishment of their wages for a single debt. See 15 U.S.C. 1674

If garnishment for more than one debt is involved, the law offers no protection from termination.

So in this case, if the consumer already has a garnishment order in place for another debt, and his employer receives a writ of garnishment for another debt, the employer can legally terminate their employment.

But, Creditwrench CEO Bill Bauer failed to ask the simple question of whether or not the consumer was being garnished for another debt before advising him that:

your employer cannot fire you because you have a garnishment. If they did that would be a violation of federal law....

More false, misleading, and dangerous advice from Creditwrench CEO Billie Bauer.

Sunday, October 21, 2007

More false and misleading information from Creditwrench

Recently, in response to a question by a consumer who requested validation of an account and that account was subsequently sold to another agency, Creditwrench CEO Bill Bauer offered the following advice:

"If you sent them your demand for validation within the first 30 days after youreceived it and they sold or transferred the debt to another agency then youshould sue them for violation of FDCPA."
Courts have deemed that the sale of an account is not a collection activity, it is the sale of an asset.

The courts have further ruled that an agency selling an account is not acting as a debt collector, and are not directly or indirectly attempting to collect a debt.

Simply more false, misleading, and dangerous information from Creditwrench CEO Bill Bauer.

Monday, June 11, 2007

Creditwrench on replevin

Here is some recent advice posted by Creditwrench CEO Billie Bauer to those who might be facing an action in replevin.

"So if you are in foreclosure.....The first thing you need to do is to make as certain as possible that your home is totally secure, otherwise you too can come home to find your home stripped"

Absolute nonsense.

You can't make your home secure enough to remove it from the reach of the mortgage company if they have taken the necessary legal steps to take possession.

Someone doesn't just show up with a u-haul and start moving out your furniture. That's how people get shot. They arrive with the sheriff in tow. The sheriff takes possession of the property by court order and allows the creditor to take whatever steps are necessary to enter the property.

The more "secure" you make your residence, as suggested by Creditwrench CEO Billie Bauer, the more damage will occur during their entrance. But, enter they will....period.

Your state statutes clearly define what steps a creditor must take in an action in replevin, or repossession of real property.

In most states, a creditor must post a bond with the court in an amount equal to or greater than the value of the property they are seeking to take possession of.

If it is later adjudged that their taking possession of the property was not in accordance with local laws, that bond is used to compensate the homeowner for any damages. And statutory damages can run as high as double the value of the property.

So contrary to Creditwrench CEO Billie Bauers false and misleading advice, the first thing you should do when faced with a foreclosure action is to consult legal counsel to ensure your legal rights are protected.

Tuesday, June 05, 2007

Latest false and misleading information

Creditwrench CEO Billie Bauer seems to be a cornicopia of false and misleading information.

His latest disemination of false and misleading information once again concerns this authors identity. Which, by the way, is readily available on the internet to anyone who would bother to search. Go ahead, try it.

In the past, Creditwrench CEO Billie Bauer has falsely accused me of being the following individuals:

Steven Katz (flyingifr)
James Keener (of AOC fame)
Ryan Evans (pachealthcare)
Robert Paisola (excuse me while I take a hot shower to wash off the slime)

Now he has me confused with a company called CCH Consulting.

I would have suggested to Creditwrench CEO Billie Bauer that he consider seeking help from, on of Western Capital CEO Robert Paisola's scams.

However it seems Western Capital CEO Robert Paisola gets his location information from Billie's blog. Apparently after reading Billie's blog, he called CCH Consulting to ask some very "direct" questions as to whether or not they are me. They are not me, nor am I them.

Seems Creditwrench CEO Billie Bauer and Western Capital CEO Robert Paisola have more in common than just their attempts to bilk unwary consumers of their money.

Billie and Bobby. Maybe they could combine their knowledge of consumer protection laws, skiptracing, and all of their assets and open a lemonade stand.

Friday, May 25, 2007

Con man exposed

Recently, Western Capital CEO Robert Paisola bragged on one of his websites that he was going to be profiled by reporter Stephen Dark of the Salt Lake City Weekly.

That profile was published yesterday, May 24, 2007.

However, I don't think the results of the profile were exactly what Western Capital CEO Robert Paisola had in mind.

It apparently didn't take very long for the investigative reporter for the Salt Lake City Weekly to determine what Uncle Normie has been stating for some time.

Western Capital CEO Robert Paisola is a con man.

Here is the full article by Stephen Dark on Western Capital CEO Robert Paisola.

Thursday, January 11, 2007

Visit my newest blog

Please visit my newest blog where I will be posting about Western Capital CEO Robert Paisola and the false and misleading information he provides uninformed consumers.

Sunday, November 12, 2006

Effectiveness of Creditwrench method

Recently I posted about the absurdity of the 18 questions for collectors Creditwrench CEO Billie Bauer includes in his "courses." Including the fact they lack any legal basis.

More importantly, nothing that Creditwrench CEO Billie Bauer teaches can possibly be effective.

As further proof, I recently had the opportunity to listen first hand to what a Creditwrench "student" found out the hard way.

Here are the exact words of a Creditwrench "student":

"I'm a wrench student so I've sent all the letters and followed those instructions. They keep calling and leaving nasty messages. They are starting to threaten legal action. So far, there has been no validation of the debt."

There you have it, straight from someone who actually paid Creditwrench CEO Billie Bauer for help. Unfortunately, only to discover too late Creditwrench is a scam. And, that all of the information he claimed would work was simply false and misleading information.

Saturday, October 28, 2006

A picture is worth a thousand words

Creditwrench CEO Billie Bauer has made numerous posts all over the internet referencing the "Wrenchmobile". He always builds up this vehicle he uses as transportation as being "all computerized" "specially equipped" "worked on in speed shops" ad nauseum.

Here's an example of how he brags about this "special vehicle." Though the technology he talks about is as ancient as he is, one would think his means of transportation would at least be "adequate".

If you have ever thought that, now is the time to re-think.

Even if I do say so myself, Uncle Normie has performed an exceptional piece of detective work to find out more about this "Wrenchmobile". And, as you will plainly see, even in my wildest dreams I could never have conjured up such a nightmare.

Creditwrench CEO Billie Bauer's only means of transportation.

Ladies and Gentlement, Uncle Normie brings you..........The Wrenchmobile.

This page is powered by Blogger. Isn't yours?