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  2. Is there an accounting for the $5,000? I thought it was only $2,500 for the arbitrator deposit.
  3. @Brotherskeeper @fisthardcheese @BV80 @Harry Seaward Well just got the email from JAMS telling me who the arbitrator is. It's Mr. Bradley Winters Esq. Plus they sent a bill to Midland's attorney for $5000. So let's see if they will pay this one. Thanks again for all the help. Will keep you all informed on what happens.
  4. It wasn’t Discover, but no they did not.
  5. Today
  6. I got some stuff from them today saying I missed court or something I don't understand how I can miss something without knowing about it what should I do
  7. Not all cases are created equal, and any dismissals you see are, in the best case purely anecdotal, and in the worst case, the result of a settlement agreement wherein the defendant agreed to pay the plaintiffs a lump sum. If you're just asking general questions, the most we can provide are general answers. YMMV, as they say.
  8. i see a few "withdrawal of action" in connecticut cases for debt collections. it seems when they are pressed, they file this. any thoughts? having looked through hundreds of cases, it is obvious that defaults are dominant. when defendants answer and follow through a bit, then you see "withdrawal of action". only a few follow through though.
  9. just trying to get information, not necessarily looking for information pertaining to a specific case.
  10. Count is 34 days until this is out of the 5 year SOL. Got JAMS paperwork completed and it just needs to be dated and mailed when time seems right. Have violations with the IDCPA and Iowa Consumer Credit Code for the attorney Gurstel Law Firm and Discover Financial. ICCC allows for suit against both OC and collectors. No itemization of late payments of charges to be included along with right to cure as required by Iowa Code 537.5111(1). Probably won't reveal SOL on initial Arb demand but can revise demand up to the picking of the arbitrator, which is a choice among 5 so should have an idea about what time they will pick out arbitrator and then I can add SOL to the updated Arb demand after SOL plays out and before they counter sue. Still looking to do the 3 year SOL DE route, but it would be a stronger stance if it got it to the 5 year SOL as allowed by Iowa. Looking to call Discover attorney a couple of days before sending in Arb Demand for 1 last chance of a settlement. They were at 80% when last spoken to in February. Had settled a personal loan with them the month before for 30% but that was through a debt collector (RADIUS Global Solutions LLC) working on their behalf, not a law firm. Since this is the first time in Arb not sure it will go smoothly as noted here since it is Discover. Is this wishful thinking or is there an outside chance it would work?
  11. You have two threads - are you dealing with two different cases?
  12. No sir, this is what JAMS sent me two weeks ago after I had already submitted the proper packets to them.
  13. @tvaughn did the plaintiff ever ask for an award of their arb fees?
  14. @Red123 Can you post the affidavit they used?
  15. I agree! A 2 YEAR arbitration process including a full appeal against a tough OC. In the end, even though you are settling for 100%, arbitration bought you 2 years to help fix any other financial situations and you were able to avoid a judgment in court and you aren't stuck with any added fees, interest or court costs.
  16. Not that I know of. Ill email her now.
  17. @Red123 In the footnotes from one of @BV80 's linked rulings: Midland Funding, LLC v. Mitchell-James, 137 A. 3d 1 - Conn: Appellate Court 2016 [5] The bill of sale bears the logo of "CHASE" and purports to document a sale of charged-off accounts between Chase, as the seller, and the plaintiff, as the purchaser, with a closing date of June 30, 2011. According to this document, Chase "assign[ed] ... all rights, title and interest of [Chase] in and to those certain receivables, judgments or evidences of debt described in the Final Data File, entitled (Account's Primary File Name) attached hereto and made part hereof for all purposes." The document goes on to state that "[w]ith respect to account information for the Accounts listed in the Final Data File, [Chase] represents and warrants to [the plaintiff] that ... the ... information is complete and accurate...." Tellingly, the bill of sale makes no specific reference to the defendant's account. Nonetheless, because it was never explicitly stated by Stayton or briefed by the plaintiff, it can be inferred that the "Final Data File" purportedly contained the defendant's account information that somehow was electronically transferred to the plaintiff but ultimately resided with Midland Credit Management, Inc. In an apparent effort to buttress the information provided in the bill of sale, the plaintiff submitted Lavergne's affidavit with a supplemental memorandum of law in support of the motion for summary judgment. His affidavit claimed that he was aware that Chase sold and assigned "electronically stored business records" by selling a "pool of charged-off accounts" to the plaintiff. Lavergne averred that "records on individual accounts in the [pool of charged-off accounts] were transferred to [the plaintiff]." Like the bill of sale, Lavergne's affidavit made no specific reference to the defendant's account, which leads us to infer that the plaintiff submitted this affidavit to suggest that the defendant's account was sold as part of the "pool of charged-off accounts" that ultimately ended in the records of Midland Credit Management, Inc. [6] The "field data sheet" contains a footnote stating that the data was "printed by Midland Credit Management, Inc. from electronic records provided by [Chase] pursuant to the Bill of Sale/Assignment of Accounts dated [June 30, 2011]...." [7] The record reveals that Stayton's assertions are questionable. One discrepancy is the last payment date. According to Stayton, the defendant submitted a final payment of $50 on June 7, 2009. The credit card account statement, however, covering the period from May 21, 2009 through June 20, 2009 — that was provided by the plaintiff — shows the last payment date as June 8. Another problem not addressed by the plaintiff either in its motion for summary judgment or on appeal, is the debt amount. In her objection to the motion for summary judgment, the defendant submitted a letter dated June 8, 2011, that was purportedly sent by Midland Credit Management, Inc., indicating that the defendant's debt was in the amount of $24,112.85, which is slightly more than what Stayton's affidavit claimed. These potential discrepancies, if nothing else, indicate that the records of Midland Credit Management, Inc., may contain errors and illustrate the necessity for the two part test for computer generated business records."
  18. Sorry for the delay, I got my Demand, Notice of Intent, JAMS Policy, and Proof of service. I have not received an invoice.
  19. Rule 26.1 disclosures are required to be sent by both parties within 40 days following your answer. If you have nothing do disclose, you don't need to send anything. And going to arbitration renders this requirement null. "Served" just means they sent it via postal mail on that date. You should have it in a couple of days.
  20. Agreed. This is not the outcome you wanted, but it has its advantages. You had two years to recover your finances. You are now in about the situation you would’ve been two years ago if you had made the same agreement with them then. Except you had two years to deal with your money issues. In any case, not having a judgment in court is a very big deal. I am currently working in the banking industry. Having an unsatisfied judgment on my record would destroy my career. At the time of my financial woes, I had no idea I would ever work in banking. Not to mention, I finally refinanced my house about 18 months ago An unsatisfied judgment would have been fatal. I had a satisfied foreclosure judgment on my record which delayed my refinance by several years The moral is, you never know when having a judgment on your record will be horrible.
  21. @tvaughn Your thread began 15 pages ago with your first post on June 22, 2017! Your journey through arbitration has been a long one and very informative for all of us. I'm so pleased for you to reach a settlement you can live with when it seemed like that was out of reach.
  22. It is public record that Citigroup acquired Sears’s credit card business in 2003. Unless Citigroup purchased only some of the credit card accounts, it would stand to reason that all of the accounts were purchased. Since Citibank is part of Citigroup, there would be no separate chain of title between Citigroup and Citibank. In addition, if you used the card when it was with Citibank, you accepted that it was your creditor.
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