Dr Crandall

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Everything posted by Dr Crandall

  1. You must be missing the point. He's not concerned about his fee, but how much skin LVNV will have in the Arbitration game. For a $13,000.00 debt it might be worth it to them to carry it through Arbitration if they are charged for their fee and first day of hearing. We're just trying to see if someone else has any experience with card agreements like this. This forum hopefully isn't going to be too judgmental. We use this forum for help where the folks who have no money but yet want to fight have an arrow in their quiver. It's not about how wrong you might think he is. I myself frankly
  2. We were reading the card member agreement that LVNV had filed with the petition. It was from 2011 which was 3 years before LVNV states the alleged account went into default. When we got to part of who pays, it states "If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law". It should be noted that this agreement was not on the CFPB website. The card member agreement found on the CFPB website states: _We'll pay your share o
  3. Interesting read from Penn State Law Review regarding dismiss vs. stay proceedings in Federal Circuit and State District Courts for MTC Private Contractual Arbitration and Dismiss or in the alternative to stay proceedings pending arbitration. The 8th Circuit for which Iowa is in prefers dismissal from court per Judge's order rather than just a stay but not used all the time. http://www.pennstatelawreview.org/115/3/115 Penn St. L. Rev. 3.539.pdf My friend as some of you know on this site previously was looking for a card agreement is a defendant against LVNV who was finally served a
  4. Looking for a Citibank AT&T Universal credit card agreement from around March, 2014. The one CFPB has is a general agreement that isn't dated and isn't a Universal card. Can a Citibank agreement not an AT&T Universal card for that time period be used if I find one?
  5. Members 108 posts Report post Posted 1 minute ago (edited) My friend is still working with Discover on a credit card debt where his last payment to Discover was 6/25/2014. He utilized a debt repair company National Debt Relief on 9/2014 where he made monthly payments to N.D.R. and they would negotiate on his behalf. He decided that he could do this himself toward the end of 2015 and N.D.R. cleared his account with a lump sum payment on 12/2015 to Discover C.C. for $3,325.00, br
  6. I know this is an old post but what stuck out to me from the beginning of the topic by OP is he signed the back of the check. Was this check out of his checking account and could it be that once creditor was made aware of this account, they had a reason for pursuing for a higher settlement than the one on the table and creditor starting looking for an excuse that the settlement was no good. Maybe they had this bank info. already from past payments when the account was in good standing, but it just goes to show you that even in the end a method of payment such as a money order is always good
  7. CFPB doesn't have the 2015 agreements in their database unfortunately.
  8. They may not provide it. All he can do is ask to see if they provide proof so he can work off an amount for settlement. If a petition is filed he can have his attorney request that in discovery in district court with proof of account. He also had requested some statements from Discover's fraud department last Monday who is to send him information. We'll see if he gets anything at all or something he may be able to use.
  9. I think you misunderstood me. He is also going to request in DV an accounting on how the balance was arrived at. Obviously, whatever the balance is will be what he negotiates off of. Being the OC they should have a reason and final accounting on the balance that the law firm has.
  10. OK. Since one of the balances was exactly $1,000.00 cheaper if he could get an accounting of that pre-suit, he could use that lower figure for maybe a settlement that he could offer which would be almost 50% of that balance owed instead of the 40% he can go up to with the higher balance. Thank you very much for your insight!
  11. Upon reflection of receiving Notice of Right to Cure on 11/16/2018 and weighing in on what has been advised above, my friend realizes it is in his best interest to settle this account. In the 4 and 1/2 years since last payment received he has not received any kind of settlement offer from Discover Bank for the $5,700 balance allegedly owed. This seems to be how Discover plays the game from what we are seeing on different forum's. Since he received the Notice of Right to Cure, he is going to send a DV disputing the debt. We have already phoned in last week to Discover's customer se
  12. Just to see if we could circumvent the law firm who sent the right to cure for documents, we called Discover's Collection Dept. where we went through 2 collection representatives who were adamant we needed to contact the law firm for further help. the last rep. after much pandering and pestering on my part mentioned that perhaps the internal fraud department for Discover might be able to help. So we said Giddyup and they transferred us over to fraud dept. She couldn't have been more helpful! We asked for the complete credit card statements for the last year to confirm if we recognize any
  13. I just came across some information regarding how if OC wins an arbitration case against alleged debtor that the OC will get an arbitration award which can't be attached vs. a judgment in a civil suit which would attach to wages garnished, seizure of bank assets or property. It was mentioned that the OC may get the award turned into a judgment but didn't say how. Does anyone have any insight into this?
  14. I suppose no one is really judgment proof if they can win the lottery. He is judgment proof now which in itself and of itself is a good defense for possible settlement, but the real point to his efforts is he is trying to prevent a judgment by a creditor who is hoping he won't fight the alleged debt. If he gets a judgment at least he will know he fought against them. He'll be 70 years old at that time so he probably still won't have property.
  15. Because he's basicly judgment proof but wants to see proof of this alleged account without being sued and SOL might come into play with further delays if account is legit. Discover would be paying for arbitration fee and could easily add onto that amount, and for a debt this size perhaps they will be willing to negotiate an amount both parties can live with if it's a legit debt. Violations against Law firm might come up also.
  16. So could the law firm ignore our DV and start a suit after Jan 1, 2019 deadline passes as noted on Right to Cure, even though we elected or initiated arbitration? Should JAMS paperwork be attached to DV?
  17. My friend who this post has been helping on another issues with a JDB has now received a Right to Cure from Gurstel Law Firm for an alleged c.c. account from Discover which was dated 11/14/2018 and received 11/16/2018. Right to Cure deadline date is 1/3/2019. It also gives 30 days after receipt of this Right to Cure to request verification of this debt. (deadline around 12/15/2018). The amount of the alleged debt is $5,707.45. This will end up in State District Court if petition is filed as $5,000.00 is maximum for small claims court. We would like to call Discover customer service ri
  18. I will have to see his dunning letter again but it did mention LVNV was the owner of the alleged account. I think my big question for now would be to find out if the address above is where I send to LVNV legal dept. or do they have a myriad of legal eagles that they use as whack a moles too. We'll keep the DV and arbitration request separate at this time, if he decides to initiate arbitration, knowing they may just ignore the request.
  19. The CMRR to corporate legal for LVNV got my attention in the above statement. I mused earlier in this post how I wish I new who the law firm was for LVNV and if I'm reading your statement correctly their corporate legal might be the address below. If I sent a CMRR to the address below to the Attn: of Legal Department they would maybe technically be the entity that accepted it if I referenced in the DV letter that this is in response to the dunning letter from the other company LVNV owns recently sent to my friend within the 30 days. I was thinking their legal dept. would have been an outsid
  20. I see. Good information. Thank you. If he were to send the DV with arbitration initiation paperwork it would prevent a suit until LVNV responds to arbitration, but then if they can just let it lapse like you stated would that allow them again to be able to sue? I was thinking once arbitration was initiated that stops them until a decision was made, but I never thought of what would happen if they didn't respond and the arbitration was withdrawn.
  21. What about not electing but initiating the arbitration and providing that proof along with the DV letter. That should be kosher, shouldn't it?
  22. My friend has a collection showing on all 3 credit bureaus from LVNV who is a JDB, who allegedly purchased an old Citi CC with a balance of $13,000.00, so it wouldn't qualify for small claims in Iowa and therefore arbitration by either party is allowed. The SOL is not up for another 1 and 1/2 years but there is no TL on credit bureaus from the OC Citi regarding this account as it must have been removed sometime after LVNV allegedly purchased this account from Citi. Anyway, every once in awhile for the 3 years LVNV has had this account they send a dunning letter from one of their many compani