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  1. Today
  2. If it was documented buy you you may have a case if SOL hasn't expired. but don't expect getting any documents from Paypal to prove your point.
  3. I sent a MTC, a copy of the card agreement and a simple affidavit swearing that the card agreement was the right one to both the attorney & the court. I showed up at the trial date. The judge already had my MTC in hand, but I had extra copies of everything in hand. Midland's attorney opposed the judgement trying to use the small claims exception, even though we weren't in small claims court. The judge didn't buy it, said he thought I had a right to arbitration, and granted the MTC. The attorney wanted to speak to me in the hallway. He was very pleasant and polite, explaining how arbitration was expensive for both me and Midland, and that I could negotiate a settlement with either him or directly with Midland. I nodded and said I understood, then went on my way with his contact info. We both agreed that communication via email was best for us both - which it definitely is for me. I then filed with AAA, paid the $200 fee, and sent the documents to the attorney - via email - along with an offer to settle both the court case and the arbitration for $0 out of pocket. The opposing attorney emailed back within 24 hours with a settlement offer that stated exactly that - I sent a signed copy back along with evidence that I had dismissed the arbitration. The attorney sent a dismissal form to the court, and we were all done. I did not have any violations. The amount owed was less than what they would have spent on filing fees with AAA. Because AAA had not yet reviewed the case, they refunded the $200 I had paid. I don't think the JAMS fees are refundable. However, I do like JAMS better. They were faster the one time I used them to respond with a bill for the other side and they gave me a real person that was very responsive to my questions, even though the JDB drew them out for well over a year without paying the fees or negotiating with me for a settlement. In that case, the judge finally got tired of them constantly saying they'd arbitrate then not doing anything, and finally opposing the MTC, that he told them they better do something before the next court date. That also was settled for $0 for a mutual dismissal. I've won 3 times for cases involving anywhere from $2-6K. My upcoming one is for more than the your current case. I am sure I'll have to come out of pocket to get that one to go away, but I'm hoping for between 30 & 50% of the total. They agreed to arbitration, it's been continued for a few months, and I'm gathering funds. I figure I'm going to rinse & repeat until 7 more small ones are either settled or the statute of limitations expires. Everything you need to know is on this site and people are very helpful explaining the rules, paperwork, etc. Everything I used so far, I learned here. Make sure you read the master arbitration thread several times and read over other people's stories.
  4. I am going to try ONE more time to explain this to you. When your PP account went in the red for reasons you claim were their fault: the time to dispute that was then. You did and got no results. When you disagreed with the outcome(s) THAT is when YOU needed to sue. You have an SOL to dispute billing charges of 6 months before they are considered valid. When the PP investigations did not yield the results you wanted you SUE. You do NOT wait for the CFPB or any other defendant to sue first then copy them. You had 2 options: refuse to pay and sue or pay them and sue to get it back plus damages. Simply pouting like a child and refusing to pay is what got you here now. Essentially you rolled over and gave up your rights. I took a look at that order and I agree with @Bulldoger that order simply required PP to allow customers to choose a payment method and not auto default to their overdraft protection line of credit. If you read the terms and conditions when you opened the account my guess is that it specifically states that is the default method and you made ZERO moves to change that method. Did you try and change the payment method? You are not only in over your head but anger is clouding your ability to think rationally. Either hire a lawyer or gird your loins for a judgment because based on what you have done so far you are heading straight there.
  5. Yesterday
  6. The FDCPA says a debt collector may not 1. pursue an action which they are not legally permitted to pursue 2. threaten to pursue an action they are not legally permitted to pursue 3. threaten an action they have no intention of pursuing. So, an idle threat to sue falls under #3. They can’t threaten to sue if they won’t sue. They can threaten to sue unless you pay up or settle. If you don’t, they had better sue. If you do pay up or settle, there is no violation.
  7. They called me originally and as soon as I answered (the first time they called and as soon as they got the account) the “manager” threatened me with pre legal letter that i was sent one - when they hadnt and they literally just got my account -
  8. Also how did you go about arbitration? If you don’t mind me asking what were your steps
  9. SO they can threaten a law suit, its fine as long as they sue you? it violates only with they fail to follow through only exception due to settlement? really? I totally didn't know this.
  10. What is MTC? the attorney’s office they got for my case, is supposedly the worst 😒 my luck. I’m all for settling but they wouldn’t budge so i stopped answering their calls and now I received a demand letter - oh and the office is now calling me
  11. I couldn't find the terms. where did you see it all ended 2020? the amended stipulations where just filed in 2019. I didn't see where the settlement payments where even sent out yet?? I even called the CFPB and the guy on the line wasn't sure if it was closed or open or if the payments went out yet either. Please direct me where i can see details on that?
  12. Yep, I am sure a notice went out on federal register at that time but who really reads that other than attorneys,
  13. I would have SUED the heck out of them IF I HAD KNOWN that complaint existed. I just found out when i got blindsided with this lawsuit and started investigating , that hell i experienced was all documented like that,
  14. It was not a ebay or paypal ( regular paypal) business account. ebay wasn't Super high volume. I would have SUED the heck out of them IF I HAD KNOWN that complaint existed. I just found out when i got blindsided with this lawsuit and started investigating , that hell i experienced was all documented like that, SO since JDB claims they have right like the original to sue me for money, aren't they responsible to pay me for these damages??? BUT again their account number in their complaint doesn't even match any of my past or current debts... so there is that too... IDK such a mess, and it consuming me, taking away from my work and child More damages here years later. . I hate it.
  15. that may have been true in 2015-2020 but it's 2022. If they owed you money the time to collect was in that time. If you had filed a case with them and it had not been resolved by 2020 they were to pay you. The effects of this order ended in 2020. It was only effective to current paypal users which you were at that time but, unfortunately you ship has sailed.
  16. I read the paypal case order it is MOOT it was entered in 2015 and effective end date was 2020.
  17. I feel its VERY relevant. the first snaps is the stipulations, Here is a snip from the complaint, what's in that complaint happened to me exactly years ago. that is my only tie to this name of the debt in the lawsuit. I literally never applied for the debt in the lawsuit. I experienced everything that complaint explains.. i mean, I am owed damages. I am for sure a Affected customer. I don't owe this debt in this lawsuit. if this Junk Debt Buyer is standing in the shoes of paypal credit...same rights... then they can compensate me for damages .. there is a lot of info between the CFPB complaint and the amended stipulations that i feel is very important. example paypal credit is to keep full Bookkeeping off all accounts , everything for 5 years. if not, they violate... SO looks like ..... they didn't do that with this account listed in the lawsuit on me. attached to my name... Something very wrong is happening here.
  18. That isn't how this works. Contract law applies and if the terms and conditions does not specify that they will cover all costs if the consumer requests it you cannot force that in by motion. Maybe. There might be a major problem with all of this: "I was buying and selling a lot back 2013-2016 on eBay, at some point a transaction triggered my back up pay method to cover it, but I didn't have a default method, So paypal defaulted to a back up of Paypal line of credit, that i never knew anything about. had no idea until i was trying to balance my books from my sales and purchases." If the OP was running a business then consumer laws would not apply and the fees in JAMS and AAA are split equally for both parties in arbitration and that will get really expensive really fast. Not to mention that if all of this is as a result of business debt(s) then the FDCPA doesn't apply either. Then you should have sued them. It is probably way too late to recover on this now. You can try but I would not get your hopes up.
  19. I got the pre-legal notifications, then got sued. I have a few more small accounts with them that are just sitting there. One of them has generated a pre-legal letter. The others nothing. The one they sued me for wasn't the highest amount. There seems to be no rhyme or reason to their logic. I went with arbitration and settled. They had a dedicated lawyer instead of the rent-a-lawyers. He was one of the most pleasant and straightforward people I've dealt with for JDB's so far. My amounts have all been under $6K so far though - I don't know what they'd do for one around $14K, but I'd think you could get them to go way down on a settlement without too much trouble if you get the MTC granted.
  20. This is an order from a suit if requiring PayPal to allow paypal users to set a different payment method other than paypal credit to be default payment on paypal account. Don't see where it's relevant.
  21. Here is location of CC agreement https://files.consumerfinance.gov/a/assets/Credit_Card_Agreements_2019_Q4.zip. per agreement they have to pay Arbitration fees.
  22. who holds your mortgage now? and the other borrower is that a spouse? ex-spouse? What I gathered is You got approved for a$53,554.61 reduction on you mortgage principal. But since the two borrowers did not sign they are rescinding the agreement and you now owe the $53,554.61 dollars. looks like you will have to sell house via short sell or $53,554.61 profit to pay off lien after closing cost. Another option may be to sign a new application and see if they will remove lien after that application is approved. Another option in line with the short sale is see if you can get your Mortgage company to pay HUD an agreed lesser amount that will remove the lien and then allow house to be sold.
  23. I don't even know what clauses or agreement disclosure they are alleging. I have read about filing a motion for arbitration. I would put in the motion that all arbitration costs go to plaintiff due to my financial distress. I found a example in Arkansas motion that Worded it all really well. But i don't know where or what clause . . this is a mess. Also, I don't want to settle. I don't owe this. I actually feel Paypal credit Owes me. Please see attached. I never opened this account.
  24. No I didn't open the account, Please see attached, I can only attach snaps it wont take the Full court order But if you want to google that case CFPB VS paypal credit, you can see the details of the complaint and the full order , this happened to me EXACATLY years ago, my only connection to the name of the debt, although the account numbers don't match. I was buying and selling a lot back 2013-2016 on eBay, at some point a transaction triggered my back up pay method to cover it, but I didn't have a default method, So paypal defaulted to a back up of Paypal line of credit, that i never knew anything about. had no idea until i was trying to balance my books from my sales and purchases. PayPal got in a lot of trouble for doing this deceptive stuff. so No i didn't open the account, Ever.
  25. About a year ago they keep sending me those pre-legal letters then they changed to 10% off letters still no court case but still not passed the SOL.. update miss read you got letter from attorney not MCM. I got demand letter form attorney for OC debt in august still no suit.
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