All Activity

This stream auto-updates     

  1. Past hour
  2. Are they using an automated dialing announcement device to make the calls? I suppose you may not know since you aren't answering the calls. How did they get your number? Was it ever provided to them with express written consent to make calls? If not, and theyre using an ADAD (ROBOCALLER) to call your phone you may have a TCPA claim. As for C&D letters I send them when people place calls of this nature to my cell phone. Especially when its some debt collector calling about debt. Texas has a requirement that to use an ADAD the entity using it register with the public utility commission and obtain a permit for the use of the ADAD devices. Failure to have the permit $50, is a violation which subjects the entity to $1,000 per day or part thereof for prohibited use if not registered sought by the Texas Public Utility Commission. A simple email to them, the Puc, requesting the numbers the entity uses to place the calls yields sometimes an exhausting list (over 16,000 numbers for Portfolio recovery associates beleive it or not). I then cross check the numbers registered to my phone bill, using excel on my computer and send a nice little demand for $500 PER CALL. Colorado may be different but the TCPA is a federal law. They may not have a requirement for users of ADAD systems to register the numbers.
  3. It doesn’t matter when Bentrud elected to arbitrate. That has nothing to do with “matters governed elsewhere by state and federal law. I forgot that this is an OC. The FDCPA does apply to OCs. In regard to breach of contract, you breached it when you failed to pay. The party that first breaches a contract cannot then claim a breach against the other party. Where in the arbitration provision does it say that Citi must initiate? You haven’t been sued yet?
  4. Today
  5. Bentrud involved an arbitration at a very different stage than that referred to here. He was about to get racked up on SJ before electing arbitration; here, no litigation has even begun (yet). A quote from the 7th Circuit in that case: "his remedy sounds in breach of contract, not the FDCPA.” So the appropriate course of action is a breach of contract action against Citi?
  6. so I have been sued by lvnv in texas. The law firm representing them is Scott and Associates. So far they've merely filed a petition. I know no evidence has to presented to be filed, though. So far for my answer I am using the typical general denial and three affirmative defenses. Those are, lack of standing, agreement to arbitrate and statute of frauds. The O.C is credit one bank. Unbeknownst to me seems the OC made boo-boos on the reporting of the account. As there is a different last payment and delinquency date on each CR entry. Calling them for information did nothing as they claimed id have to speak with the debt collection company. That sings to me "we don't keep good enough records to tell you a damn thing". In the plea of my answer I am pointing to arbitration but not sure if the recent agreement I can google would have applied to an account alleged to been opened in 2015. I was told by OC last payment made on account was August of 2016. How could I find out which agremeent would have been in effect in September of 2015? My intentions are to file a motion to compel arbitration, as well as a motion to seek discovery. Might as well beat them at their own game. Right? Any ideas? It may be note worthy the Google searched version of a credit one bank cardholder agreement has some small claims exception for claims brought by "you or us on an individual basis in small claims" or something to that affect. They just didn't want class actions I suppose. Thank you. Answer hasn't been filed yet. I know I am being sued because I was served at home. Service was properly performed.
  7. "The FDCPA is not an enforcement mechanism for matters governed elsewhere by state and federal law.” Bentrud v. Bowman, Heintz, Boscia & Vician, P.C., 794 F.3d 871, 875 (7th Cir. 2015). The arbitration provision in your agreement is governed elsewhere by federal law. The Federal Arbitration Act, the very law referenced in your agreement, allows for the fact that parties may refuse to arbitrate which is why it states that upon a refusal of a party to arbitrate, the other party can file a motion to compel.
  8. If we were in Small Claims, I'd agree completely. The amount here is under 10k, but still above Small Claims limits. That said, courts in my state are operating on a very limited basis. I regularly check the online dockets, and the law firm has essentially stopped filing new cases during the Covid shutdown. It's anyone's guess as to when the courts will be up and running at full speed again. Sure, they can ignore my settlement offer, but they might not even be able to sue me until well into 2021. Then we'll go through the whole song and dance of filing a MTC and arguing over who needs to initiate. When the case finally gets to AAA, scheduling an in-person hearing could take quite some time. By the time we get around to the conclusion of the appeal, it could be 2023 or 2024. If Citi wants to wait 3-4 years (a rather optimistic estimate given the incredible backlog these lawsuit mill firms are going to have once things get back to 'normal'), so be it. I fully realize Citi does not operate logically and just wants to send a message via it's draconian collection pursuits.
  9. While there's no case law (yet) to claim that it is, a logical argument can be made; 1) By electing arb in a DV, the attorney is precluded from filing suit. 2) As such, filing suit is no longer an action, and doing so would constitute an fdcpa violation (threatening to take or taking an action that cannot be legally taken).
  10. Yesterday
  11. @fisthardcheese and no they’ve not yet sued me
  12. @fisthardcheese please see attached. @BV80 the county where I live it’s $15K limit for small claims court
  13. The OP said that the balance is $12,000. She needs to look up the small claims limit in her court.
  14. My kids all set up accounts at the local credit union when they were in high school. When they went off to college, they got credit cards from the credit union. That had several advantages. First, it made it easier for them to set up automatic payments. Just transfer the money from their accounts. Second, since they had had accounts with the credit union for several years, it was easier for them to get accepted with a student card. So one option is to get a CC from your home bank. Another option -- if you are attending a large university, there may be a credit union associated with that university. They often have good cards for students.
  15. Can you show us the other page for the arbitration section. You have JAMS as an option which is good. Now we need to know what it says in terms of if they pay your filing fee and if there is any small claims exceptions in the arbitration section. They have not sued you yet, correct?
  16. Hey everyone! I've been lurking for a while, but this is my first forum thread post! I'm a college student in SoCal looking for my first credit card. Building credit is a pretty new concept to me, but from my understanding its better to start now than never. I've been looking online about some newer cards and also more established cards that are friendly to new users like TomoCredit, Petal, and Capital One. I know Capital one is used by a lot of students. Does anyone have experience with these companies? Thank you so much!
  17. Probably correct. My advice would be to go ahead and fill out the forms to initiate. Otherwise they will sue, and if it is in small claims, it can't be removed. There was a brief period of time about 10-12 years ago when many of the collectors were in a bind -- the couldn't initiate in JAMS, and they couldn't sue because the debtor elected arbitration. By about 10 years ago, they decided to go ahead and sue anyway. OTOH, I had two cases with Citi, and they just sued anyway. For my cases, it meant that some OCs had been sitting on their debts for several years, and suddenly I had to either initiate, or else get sued. This is fish or cut bait time for the OP. Talking about arbitration won't stop a suit. It just won't. Nor will it pressure them into a lowball settlement. Dragging their butts into arbitration MIGHT be enough incentive for them to agree to a better settlement than what you would've gotten anyway. Just don't count on what sometimes worked as a delaying tactic 10-12 years ago working to stop collections in 2020.
  18. That’s not an FDCPA violation.
  19. Not much has happened (yet). I elected arb in my DV letter to them, and made it clear they would be facing an FDCPA suit if they decide to sue instead of arbitrate. They sent a packet with AAA forms partially compled, demanding that I initiate. Not going to happen. Not only is that contrary to their arb clause, but it's absurd that I'd file a claim against myself. Their claim; their burden. I emailed their attorney a lowball settlement offer. Haven't heard back thus far, and don't really expect to. If Citi wants to continue to play hardball...fine, they can wait to file once the Covid situation has resolved and courts are actually in-action. They'll then get a motion to compel arb along with an FDCPA suit. I'm okay with letting this drag on for several years.
  20. @Nola D You have a choice to make. Considering you have access to an attorney, I might speak to him/her first. If you are not satisfied with the attorney’s advice, you could go worth arbitration. Hopefully, @fisthardcheesewill chime in on initiating arbitration with a JDB before a lawsuit has been filed.
  21. @BV80 Here is the arbitration clause. This was for a personal loan not a credit card.
  22. It would be helpful if you created your own thread. We would need to know who the Original Creditor (OC) is so that we can determine if the arbitration strategy would work here since that is what the OC used.
  23. You might need a consumer attorney or if you had a BK attorney to work through this. It should have never been included in your BK because you obtained the loan after you filed for BK and the Credit Union might use that against you if you default. You do need to find out where the payments went though because they are required to apply them to the loan, even one that was discharged in BK because you are allowed to pay off a loan that was discharged. Again, the attorney can help with that. Also, avoid making multiple threads of the same topic. It helps to keep everything in one thread.
  24. Update, I got a little overwhelmed with what to do, so I contacted a consumer lawyer and the attorney is confident he can win the case. Total cost to me is $900(vs $2300 to pay this JDB...I'll take it!)
  25. @BackFromTheDebt I have spent hours combing the threads on arb and am thoroughly confused lol. Most of what I am reading is arb after being served, not pre-serving/pre-lawsuit. Maybe you can advise again here on some of my confusion? I don't understand the steps to take after filling out demand for arb - will the arbitrators let me know? Does it go to Citi or their lawyers? There's a lot on the board about how to do arb aft being served, not about prior... Does it involve a ton of paperwork? Those are sort of my questions. Thanks!
  26. @pulpfiction0 I am following as I'm in a similar position (threatened with lawsuit from CitiB lawyers in CA). Did you actually begin the arb paperwork online to serve them, or, did you just let them know you are invoking arb if they go farther? Really curious as I have been reading up so much on this but still completely unsure what to do or how to do it. Would love to hear where you are at with this.
  27. Last week
  28. Is anyone available to help. I just got served on this past Saturday, August 8,2020. I know that I have twenty days to respond. I am so lost, confused and overwhelmed. Any help would be greatly appreciated. I have included the information below. If you need anything else let me know. 1. Who is the named plaintiff in the suit? LVNV Funding,LLC 2. What is the name of the law firm? Scott &Associates, P.C. 3. How much are you being sued for? $1,576.10; cost of court and continuing post-judgment interest 4. Who is the original creditor? Credit One Bank, N.A. 5. How do you know you are being sued? Summons delivered to my door 6. How were you served? The documents were left at my door 7. Was the service legal as required by your state? Texas, I believe so? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Possibly letters I dont open if it looks like junk mail, I trash it or shred it. I am unsure if I have received any calls, because I don’t answer unknown numbers due to a lot of scams. 9. What state and county do you live in? I live in the state of Texas and I reside in FortBend County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations): According to petition attached to the summons, the account was closed/charged off on November 13,2018. 11. When did you open the account (looking to establish what card agreement may be applicable) September 4, 2016 according to the petition attached to the summons. 12. What is the SOL on the debt? I think it is four years in Texas 13. What is the status of your case? This appears to be the first filing, and they are waiting on me to answer the summons 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I hired a credit dispute agency years ago and I am unsure if they disputed this particular debt. 15. Did you request debt validation before the suit was filed? I am unsure. 16. How long do you have to respond to the suit? The summons says fifteen (15) days after being served with the summons. If I am guessing right August 24, 2020. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits: An original petition that lists the following claim details: The claim arises from a Visa Credit Card account entered into by Defendant with Credit One Bank, N.A. Account number XXXX(The Account). The account is in default and Plaintiff sues herein for actual damages, costs of court and continuing post-judgement interest. This is the first and I sincerely pray the only time I have to deal with something like this. I cannot afford an attorney and I have been researching like crazy. This has me very scared. I don’t know if I need to file a motion for dismissal or one for discovery. What I do know is that I need to answer this. Any help at all will be greatly appreciated.
  29. I'm sorry for posting here but is it worth investing in cryptocurrency in 2020? I want to know if it's relevant
  1. Load more activity