azneb

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About azneb

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    Scottsdale AZ

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  1. I have no idea when my last payment was. The paperwork they sent back to me for validating this was a statement from Nov of 2009. Maybe that was my last payment.
  2. Does anyone know what the SOL in Arizona are? I just received so called validation from NCB Management. I notice on the docs they sent me that the acct was open in 2003. I am not sure if it has ever been charged off or not. SOL start when its charged off? Thanks
  3. Update: I called the Oc's attorney to ask them who Cap 1 uses for arbitration. They told they dont arbitrate, however I filed motion to arbirtate which was granted. As of now I have no idea how to proceed. On the judges order it states " place inactive for 90 days pending arbitration" cancell mediation. I have until the 20th to do something. Is there anything I can file to get the OC to play ball? While on the phone their attorney couldnt believe we were fighting over 2k. He asked what my defense was and I told him they have all that info and to go back and read it. Ask me about a settlement and I told him to put something in writing. His response was "thats not how it works" I wanted to call bs because discovers oc presented the first offer when I was fighting them. Oh found out their MSJ was denied. Thanks
  4. I was never notified by the court. Maybe the post office delivered to wrong address. I was granted my motion of reconsideration therefore meditation has been put on hold. Since the time the motion was granted the OC has filed a MSJ in which I answered.
  5. I did not. Just found out that I won my motion of reconsideration for arbitation. No trial set yet
  6. Yes it was for the 1k. I cost myself an extra $200 by filing for arbitration. I just wasn't confident I'd actually win at arbitration and it would be foolish of me to take the chance of having to possibly pay all the arbitration fee which probably would of been 3K plus. I think I did ok. $1670 sued for $ 968 arbitration cost $2638 total I ended up paying 38% of the total bill.
  7. I won my motion to reconsider arbitration. Went and filed my motion opposing summary judgment and when asked about the motion to reconsider she said it was granted back in April. I also asked her what the OC's attorneys were trying to do by filing the MSJ. She stated, "they filed it because they don't want to arbitrate or come to court and are hoping judge sides with them in their quest for SJ. It hard to believe I actually won a round in this on going mess.
  8. they are not offering anything up to settle but the $1000k. I just sent him an email stating that I have an issue with their settlement agreement not saying anything about the possibility of being sued for remaining balance or discover not reporting my credit as " paid as agree" he says he doesn't have anything to do with that. My thought is if he has the permission to settle at a lower cost he should have the ability to agree to put whatever he wants on my credit report!!! Keeps threatening that they need to send the retainer to JAMS and once they do that I will owe much more than the 1k. Do I call his bluff? I just don't know if I have enough ammo to defeat these clowns at arbitration or not nor do I want to do all the work to fight considering its they came down from 2600 to 1k. Thoughts!!!
  9. I have a chance to settle a debt with Discover. Amount owed $2600, they are willing to accept 1K. Do I accept their offer? I am set to go to arbitration and am thinking about rolling the dice. If I lose I will owe a much larger amount. With that being said I could file bk. Will a judgment or a bk be worse on my credit. I would assume bk. Thoughts?
  10. The latest: Spoke to attorney he says I who the original 1600 plus the 900 they have paid to JAMS which is non refundable. I offered to pay them the original $800 in which they originally offered. He said they would come down to 1600. I spoke to him again later in the day and he said the OC has agreed to accept $1000. I went from owing 2500 to 1000. DO I accept their offer or do I roll the dice and possible be stuck paying 3k+? Here's what the CC agreement says about who is responsible for fees. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an award in your favor on a claim or claims with respect to which you would not otherwise be entitled to recover your arbitration filing, administrative and hearing fees, reasonable attorneys’ fees and/or other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded by the arbitrator. Fees and Costs. At your written request, we will advance any arbitration filing, administrative and hearing fees which you would be required to pay to pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send requests to Discover, PO Box 30421, Salt Lake City, UT 84130-0421. The arbitrator will decide who will ultimately be responsible for paying those fees. You will only be responsible for paying or reimbursing our arbitration filing, administrative or hearing fees to the extent you would have been responsible for paying “attorneys’ fees and court or other collection costs” had the action proceeded in court. In no event will you be required to pay any fees or costs incurred by us in connection with an arbitration proceeding where such a payment or reimbursement is prohibited by applicable law.
  11. So I got the emails below from OC's attorney. Them: As you are aware, our client will be seeking its cost if the arbitrator finds in Discover’s favor. To date, our client has incurred court cost of $196.00 and an arbitration fee from JAMS in the amount of $800.00. The arbitrator is now requesting a $2500.00 retainer. Before we send the retainer to the arbitrator, we would like to extend another opportunity to settle this matter. If you would like to discuss settlement, you must contact an attorney from our office before 2:00p.m. tomorrow. MY RESPONSE: Offered them $400 and Discover report to credit bureau "paid as agreed" Their Response: We will have to move forward with arbitration. We cannot settle for $400.00. Our client has incurred over $960.00 in cost due to your decision to arbitrate the case. If I am not mistaking JAMS fees are refundable up to a certain time. I will follow up to see what their offer will be now.
  12. Just about done with my motion opposing MSJ. I will file that this week. Mediation is set for I believe June 3rd. I will assume at that time they will offer to settle. Does any one know if Cap1 offers decent settlement terms? The way they are fighting I would be surprised if they do. Thanks