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Extent of National Bank Act protection for non-NBA persons

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flatpanel

Member
What is the name of your state? FL

A National Banking Association credit card issuing bank sells a charged-off credit card debt to a pennies-on-the-dollar junk debt buyer.

Does the junk debt buyer, as a non-NBA association person, that is not a creditor, have any protection under the National Bank Act for preempting sister(debtor)state usury law on post-charge-off "contractual" prejudgment interest claims that are usurious in the debtor's state and are claiimed after the NBA-association bank has sold the debt?

Case law please on lack of NBA protection for persons that are not NBA-asociations following the time the debt is held by the NBA-association bank.
 


seniorjudge

Senior Member
flatpanel said:
What is the name of your state? FL

A National Banking Association credit card issuing bank sells a charged-off credit card debt to a pennies-on-the-dollar junk debt buyer.

Does the junk debt buyer, as a non-NBA association person, that is not a creditor, have any protection under the National Bank Act for preempting sister(debtor)state usury law on post-charge-off "contractual" prejudgment interest claims that are usurious in the debtor's state and are claiimed after the NBA-association bank has sold the debt?

Case law please on lack of NBA protection for persons that are not NBA-asociations following the time the debt is held by the NBA-association bank.

Case law please on lack of NBA protection for persons that are not NBA-asociations following the time the debt is held by the NBA-association bank.

How much do you pay per hour for case law research; I may be interested?!
 

flatpanel

Member
seniorjudge said:
Case law please on lack of NBA protection for persons that are not NBA-asociations following the time the debt is held by the NBA-association bank.

How much do you pay per hour for case law research; I may be interested?!
Who would I be paying? A judge? A lawyer?
A law practitioner expert both in federal banking and consumer protection law?
Credentials please.
 

Ladynred

Senior Member
YOU ask for credentials when you wouldn't give your own ??

It's my understanding that junk debt buyers (JDB) and collectors buy the rights to enforce the original credit card agreement when they buy the debt- that pesky 'successors and assigns' clause in ALL CC agreements is what allows them to. That agreement, and the interest rate they can charged, are based on the law in the state where the CC bank is incorporated - most are in Delware or South Dakota - neither of which has any usury laws to speak of.

I must add that the language of your posts is WAY, WAY over the heads of the majority of posters here. Why don't you phrase your question in layman's terms ??
 

flatpanel

Member
Ladynred said:
YOU ask for credentials when you wouldn't give your own ??

It's my understanding that junk debt buyers (JDB) and collectors buy the rights to enforce the original credit card agreement when they buy the debt- that pesky 'successors and assigns' clause in ALL CC agreements is what allows them to. That agreement, and the interest rate they can charged, are based on the law in the state where the CC bank is incorporated - most are in Delware or South Dakota - neither of which has any usury laws to speak of.

I must add that the language of your posts is WAY, WAY over the heads of the majority of posters here. Why don't you phrase your question in layman's terms ??
Excuse me, but I was making no offer to anyone when someone rudely tried an act of privacy invasion. In this case, someone was offering a service, giving me the right to inquire into who I might be commissioning.

You're right. Most of the inquiries here are by lay people without much in depth knowledge.

There is so much "advice" given by gurus to people on these credit cyber sites on the extent of the law underlying defaulted debt. Most of it is horrendously bad. My objective is simply to see the truth, brutal or not, gets exposed including explaining the underlying structure of the credit card banking system and it's effect on defaulted debtors.
 

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