Harry Seaward

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Harry Seaward last won the day on January 22

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About Harry Seaward

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  1. The FCRA says the CA has to investigate and correct any errors within 30 days. You can just sue the CA for failing to investigate and/or reporting info they should know is false. You should probably run this by a lawyer first to be sure you didn't miss crossing any t's or doting and i's.
  2. Lots of people have settled, and lots of people have battled in court/arbitration. You have to do what feels right for you.
  3. Most jurisdictions allow the filing party to respond once to the opposing party before the matter is 'at issue' with the court. Technically plaintiff is correct that the matter had been stayed because of your MTC, but a.) you could not initiate arb because you had not received the court's blessing, and b) plaintiff themselves apparently didn't recognize the stay as evidenced by their filing of an MSJ amid your outstanding MtC.
  4. Today was the trial? I thought it was only a settlement conference with the tentative ruling thing after that. That's a very weird system. I wonder if Absolute didn't realize that either. It doesn't make sense they would send a stand-in if they knew it was a trial. Anyway, you'll know one way or the other some time over the next 3 months. Crossing my fingers for you!
  5. The affidavit is where theses cases are won and lost.
  6. It's possible, but not likely. They usually hire rent-a-lawyers for $20 to show up to these appearances.
  7. Settlement conference is just where the lawyer that shows up for Absolute will try to work out a deal with you. If arbitration is not an option, it might be worth it to see what they offer. The other option is to fight it out in court, but you'll need to make a CCP96 request (search this site for more info) in order to really have a shot at beating it.
  8. Oh, i see. When it said "day before the hearing", i thought it meant the tentative ruling. It does seem there are two different events; a tentative ruling today and then a hearing tomorrow if you request oral arguments today by 430. This is a strange arrangement, considering it seems the court would be ruling with no evidence having been presented. It's entirely possible the court issues a tentative ruling in your favor today, and then Absolute asks for oral arguments.
  9. With an MSJ in the works, I doubt you'll have your day in court. Can you post the MSJ and all attachments?
  10. I'm trying to figure out if you got a different notice that said you can reject the tentative ruling. I'm not from California so I'm out of my element on the fine details. Neither of the notices you posted state that you can reject the tentative ruling, but it is a little strange that they didn't clarify that the hearing will be vacated if you don't request oral arguments.
  11. Where did you come up with this? The first page you attached says that you have to give notice of request for oral arguments by 4:30 the day before the tentative ruling, and if no request is made, the tentative ruling becomes the final ruling. This is based on Local Riverside Court Rule 3316 which says the same thing. Did you make a request for oral arguments before 4:30 today?
  12. What is the ruling based on? Just the two card statements? No other evidence? No testimony? How did you find out there was going to be a ruling?
  13. I'm pretty sure Barclays has an arbitration agreement. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/
  14. You can't. It's completely meaningless. A motion in limine almost certainly wouldn't have helped you either. Have they turned over any of their evidence? Did you make a CCP96 request? Is there any reason you didn't use arbitration for this?
  15. Keep us posted. I got no love from Citi when i used arbitration on them 10 years ago, so I'm interested to know if they are still playing hardball.