bureabe

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bureabe last won the day on March 14 2014

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About bureabe

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  1. @BrotherskeeperYes it is consistent with JAMS. I have stated JAMS in my affirmative defense
  2. Here is the proposed order that i want to send to LVNV. I am not sure if anything has to be changed or removed before i fill in the information and send it out. Proposed order LVNV.docx
  3. Thank you and i was thinking the same thing. It might be the better option because i am not relaxed at all with the judge at all and its a big possibility he will screw me and my MTC
  4. @BrotherskeeperThank you for the proposed order links and info and for the great resource you have provided. I am sorry for the late update but i had to get ready to go out of town. Just to update on what happened toda,. I met with the attorney and they were trying to show me a bunch of statements and other paperwork and i refused and told them i will not be looking at a stack of papers on the pre trial day. Whatever it is should have been attached to the complaint. And after she finished her sweet talk i told her that i intend on filing for mandatory binding arbitration per the cardholder agreement in my possession. And that i will be filing a motion to compel soon. She said okay we will wait for that then. We went in fron of the judge and he stated okay this is credit card debt and was i going to settle it or what do i have to say. I responded by stating that there is mandatory binding arbitration per the cardholder agreement and this is not the proper venue as well as i will be filing motion to compel arb. He seemed to not like it very much and said you do know that you will have to pay lots of money in arbitration? i said yes and i will pay it. He said okay i will set 60 days discovery and 60 days to file my motion. He later stated again that why haven't LVNV tak to me to settle the case. They just said that i didn't want to see anything and i appreaed disinterested. So he told me at least 3 times that are you sure you want arbitration it costs to much and to just settle it today! I was seriously getting pissed off at this point. Like what does the judge work for LVNV now what the hell!! He insisted that we talk and he went ahead and issued the 60 day discovery and 60 days to file motion. The attorney talked to me outside and said if i have any offer in mind to reach out to anyone of the attorny's to work something out.
  5. Yes, i agree. I have made some adjustments you posted and i can get this MTC ready. Thank You very much. You have been awesome! I will be going out of town the evening of the 28th. And will be back early next week. If i can at least get the proposed order mailed out before i leave and i can work on the MTC while i am out of town. I will come right after i get out of the court to update. Is the proposed order draft in one of the links from the previous posts?
  6. My answer did not state any forum i just stated arb with JAMS or AAA. I agree i will tell them that i invoke my right to arb and that i will be filing a MTC. Yes i am aware that they will try to sacer me with scary costs of arb but both have limited filing fee or a fee waiver of some sort for the consumer. I will for sure mention to the judge that i hav the intent to file a motiont to compel. However what i am afraid of is the summary of dispostion that these dirtbags will file. This is the reason i wanted to file for arb as soon as possible and not allow them to find ways to prolong the case and get the judge on their side.
  7. I am sorry i must have mistyped that. It is indeed Feb 6th when i was served.
  8. @Brotherskeeper STATE OF MICHIGAN IN THE 40th JUDICIAL DISIRICT COURT FOR THE COUNTY OF MACOMB LVNV Funding LLC Plaintiff VS Case No: Defendant MOTION TO DISMISS, OR IN THE ALTERNATIVE, STAY CASE AND COMPEL ARBITRATION NOW COMES the Defendant ("DEFENDANT") Pro. Se. and hereby moves this court pursuant to 9 U.S.C Section 1. et seq, or in the alternative, MCR 3.602 for an Order compelling the parties to submit to arbitration and stay the case. In support of its motion, "DEFENDANT" shows the Court as follows: 1. On or about January 9, 2019, Plaintiff filed its Complaint against Defendant referencing "Credit One Bank contract," (See Complaint Exhibit) however Plaintiff failed to include a copy of said contract. DEFENDANT has located a copy of said contract and attached it as Exhibit 'A" a copy of the purported Cardholder Contract/Agreement (hereto referenced as ''Agreement"). 2. The "Agreement" states “This Agreement, together with the application you previously signed and the enclosed Arbitration Agreement, governs the use of your VISA or Mastercard Account issued by Credit One Bank, N.A. (the “Account,” “Card” or “Card Account”). The words “you,” “your” and “Cardholder(s)” refer to all persons, jointly and severally, authorized to use the Card Account; and “we,” “us,” “our,” and “Credit One Bank” refer to Credit One Bank, N.A., its successors or assigns. By requesting and receiving, signing or using your Card, you agree as follows: Please read the Arbitration Agreement portion of this document for important information about your and our legal rights under this Agreement.” (Page 1 Paragraph 1) Exhibit A 3. The “Agreement” states “The Arbitration Agreement provided to you with this Agreement governs the enforcement by you and us of your and our legal rights under this Agreement.” (Page 5 Paragraph 1) Exhibit A 4. The cardholder agreement specifically states “Agreement to Arbitrate: You and we agree that either you or we may, without the other’s consent, require that any controversy or dispute between you and us (all of which are called “Claims”), be submitted to mandatory, binding arbitration. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and (to the extent State law is applicable), the State law governing this Agreement.” (Page 6 Paragraph 1) Exhibit A 5. Additionally, the agreement states that "The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association ("AAA"), www.adr.org (800) 778-7879, or JAMS,www.jamsadr.org (800) 352-5267 6. The agreement states “You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if any such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Failure or forbearance to enforce this arbitration provision at any particular time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims.” (Page 7 Paragraph 3) Exhibit A 7. Additionally, the agreement states “This arbitration provision shall survive: (i) termination or changes in the Agreement, the account and the relationship between you and us concerning the account; (ii) the bankruptcy of any party; and (iii) any transfer or assignment of your account, or any amounts owed on your account, to any other person. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.” 8. The DEFENDANT has therefore officially elected for arbitration with JAMS Pursuant to 9 U.S.C. $ 1, et. seq., DEFENDANT moves this court for judicial relief to enforce the arbitration provision contained in the "Agreement" Pursuant to MCR 3.602, DEFENDANT moves this Court for a stay of these proceedings pending the outcome of its motion, and pursuant to , DEFENDANT moves this Court for a stay of these proceedings pending the outcome of the arbitration proceeding. WHEREFORE, DEFENDANT respectfully moves this honorable Court for (i) an Order compelling PLAINTIFF to arbitrate, according to terms set forth in the "Agreement", their claims set forth in their Complaint, (ii) an Order staying these proceedings pending the Court's resolution of the motion, and (iii) an Order staying these proceedings pending the outcome of the arbitration proceedings.
  9. @Brotherskeeperi also checked my credit report and found that stenger & stenger have placed this on my credit report. Are they allowed to place it on my report and suing me at the same time. Also i found that i received 4 or more robocalls from either credit one bank or LVNV i have not been able to determine which one it may be. I reserched the number online and some people said it was credit one bank. I know that fdcpa states robocalls as a violation. Does it apply to credit one as well?