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  1. Today
  2. Hi all, I am currently planning to buy a new house and was in a bit of research about the type of mortgages and interest rates that are offered by banks. I think my credit score is OK and that would not cause any problems while going for a mortgage. The thing which is worrying for me is the interest rate, what if the interest had a sudden increase in the years to come. Then I will have to pay more than what was planned and this causes instability and with that, if I wish to cancel or transfer my mortgage there are mortgage penalties which I will have to pay further. So with all this in mind, what are your thoughts on the best term to choose? Are most people going with a 5-year term? Thanks for your advice!
  3. Hi and thanks in advance for reading- so 2 weeks ago I was served by cavalry’s attorney (Jenkins and Young in Texas) for an old Citibank debt. It was filed in district court. A few days ago I filed my answer and motion to compel arbitration. The debt is for about $1,900. I reached out to the attorney after filing to see if they would dismiss. I reached out through the “make an offer to settle” link on their website. Also, they received by email and mail copies of my court filings. It has been almost a week since I reached out and I have not heard a word. Do you think they will wait until there is a motions hearing to make contact? Thanks!
  4. I wasn't making any suggestion. i was answering your question.
  5. Nana2709

    Timeline

    Hi guys question for you. Discover attorney states they're good with any arbitrator I choose. Got a email today. Deadline is the 14th of this month. I'll send my choice. Who do I send this to jam case manager or attorneys? From the time arbitrator is choosen what's the next step? They have to pay money before we move forward? This is their email. " Good Afternoon, I am happy to stipulate to anyone you choose from the arbitrator panel provided by JAMS in this matter. Please let me know who you prefer. "
  6. So what's your suggestion to me? I'm confused? Let them sue me? I'm confused
  7. Arbitration makes no sense unless you're just trying to be spiteful. Any concessions for your personal affairs that you would get in arbitration, you would also get in court. It also makes no sense to hire a BK lawyer when you're months away from being ready to file BK, and don't even know if you're going to file in the first place.
  8. I am going to visit my dad who's on hospice. Need at least 4 months
  9. Well. Like stated I need to get caught up with taxes. They hit me when this when I was in the midst of it all then my dad got put into hospice. I'm going to visit him for 2 months before they let him die. Need time. Am I not allowed to ask for assistance? I'm unclear of why the why why why?
  10. Thank you. Like stated I need time to file. One needs to be up to date with taxes. So right now I can care less what discover thinks or knows. They want the money? Let them come for me. I plan on going all the way to appeal process. I'm not bothered or tired. I'm good. Just need some assistance while I get time to file.
  11. There are only two defenses to being sued by the original creditor: identity theft and statute of limitations. Whether or not you could convince an arbitrator that they waited too long to pursue this in court or arbitration is debatable and you should be aware probably high risk. NO court or arbitrator is looking for signed card agreement(s) or statements. They are acutely aware the card agreement is nothing more than a document you are given defining the terms of the account. Your use of the card and credit consents to the terms and forms the contract. NOT a signature. The same with the statements. They are merely a document informing you of the account status. No where is your signature or theirs required. They can attempt to move the case on an expedited track yes. Discover is well versed in arbitration and will know exactly how to stop any frivolous attempts to needlessly drag this out to run up their costs. BAD plan. The bottom line is a bad case in court is equally as bad in arbitration. The entire point of invoking arb with Discover is to get a better settlement. If you qualify for BK then just file. There is no point in jumping through all these hoops to drag things out. You are only prolonging your stress and pain. It isn't bothering them one bit.
  12. Yesterday
  13. At this point, you need to follow the advice of your BK attorney. If the attorney says file now, file now. If the attorney says drag it out, then pick some arbitrators. It doesn't matter, because you will lose anyway. How long does your attorney say you need to drag this out?
  14. But you've already retained a BK lawyer. Why would you do that if you're planning to drag the arbitration case out for years? It's not "if" you lose. You will lose against Discover. If that's what you're basing your BK decisions on, go ahead and file for BK now so everyone can get on with their lives.
  15. Thank you very much.
  16. If they push me to it yes. I do not want to but if I lose yes absolutely I will. It is not a bluff. I am not ready yet as I need to get caught up on my 2018-2019 taxes before I can file. So time is needed.
  17. Missed this reply last month. I wasn't worried but more so interested specifically in whether their attempts to collect when I called in to them would be considered a violation (in addition to the obvious violations).
  18. Thanks Harry for the reply. I need to buy sometime to see how I plan to proceed so I am leaving towards asking for validation. Do you suggest trying to settle myself or hire an attorney to do so on my behalf? I have read instances where the JDB settles for less the amount but winds up selling the remaining amount to another JBD. Thank you.
  19. @RyanEX Thank you! Regarding the admissions + interrogatories they are almost identical. I have a few extras in the admissions: - All conditions precedent to payment of the unpaid principal balance due have been performed, waived, satisfied or extinguished - You have no valid affirmative defenses to this action
  20. Let me take a step back here in case I'm on the wrong path: Which law(s) require a data furnisher to provide accurate information to the credit bureaus? What happens if they refuse to correct inaccurate information and what can be done about it? When I reference "623 dispute" I am referring to having disputed accuracy of trade line data with the CRAs, having it come back verified, and then submitting a subsequent dispute letter to the data furnisher. My question to Amerikaner, regarding his "623 Primer" sticky, was specific to the dispute letter being sent to a data furnisher after having already completed the dispute process with the CRA. My question as to whether generic dispute letters, without offering specifics about the inaccuracy, when disputing to the data furnisher under 623 satisfied the statutory guidelines for complying with the clauses governing a dispute with the furnisher. (after having disputed with the CRA).
  21. Thanks for taking the time to provide this info. It's helpful to me because I am exploring the FCRA right now. Currently, I have a data furnisher that made a complete mess of my payment history. At one particular bureau, they are misreporting balance figures, payment amounts, and payment status in a dozen separate instances. This is the reason why I was looking toward FCRA disputes and quoting 623. When you mention it's about useless for consumers, is it really because people tend to just dispute things that are totally accurate? I'm really curious about your insight on that point because it seems people do use FCRA 623 successfully when data furnishers are not reporting correctly and continue to mis-report after being notified. FCRA 611 isn't something I see discussed much at all. I will read it.
  22. Assume that arbitration counterclaims are a "lawsuit". Further assume that all of such claims originate in arbitration in the first instance, without any prior court involvement. What state law other than Delaware could possibly apply? How would that state jurisdiction obtain?
  23. Barclay's will refuse to speak to you because they are represented by an attorney, so you'll need to go through Suttell to work out a settlement. I forgot to mention this earlier, but most of the time, payment plan settlements won't come with a discount. Usually the only way to get a 'better deal' is with a lump sum payment.
  24. Are you saying counterclaims in arbitration do not count as "a lawsuit filed against you"?
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