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fisthardcheese last won the day on December 3

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About fisthardcheese

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  1. fisthardcheese

    In arbitration

    The only thing I would do aside from waiting is to send a settlement offer to the OC.
  2. fisthardcheese

    MTC Arbitration Hearing Advice

    Nothing. Wait the 90 days first as stated by the attorney and then send a dispute again.
  3. fisthardcheese

    Midland lawsuit HELP!

    I don't agree to that extent. I think it is fine to attempt to repair credit reports after your legal fight about a debt is over. However, I would definitely not be trying to re-open a case I just WON to get a small adjustment just so I can use it for credit repair. There are so many other options, most of which I have personally been successful with, to clean a credit report without having to have a "dismissal with prejudice". While I advise to try for it while a case is open, once there is a dismissal signed by the judge, there is no way I'm going to go back and asking that case to be reopened.
  4. fisthardcheese

    Midland lawsuit HELP!

    Fighting with Biff over here while Marty is taking your girl to the Fish Under The Sea dance. Sometimes fighting for the sake of fighting makes people blind to who or what they are actually fighting.
  5. fisthardcheese

    Being sued Unifund

    Yes. I would point out every flaw and problem this Plaintiff has has up to this point. The Plaintiff clearly caused a delay and is now attempting further delay and court's time to deal with their improper MSJ. That ship has sailed. Get the MTC Granted and the dismissal will come soon enough.
  6. fisthardcheese

    Being sued Unifund

    In your response to summary judgement, I would point out that a hearing was held regarding Defendant's Motion to Compel Arbitration in which the Plaintiff failed to show up for causing this Court to reschedule said hearing and that if Plaintiff had no objection to arbitration, they could have responded to the AAA, the Defendant or This Court, but they failed to do so. I would point out that the arbitration case can be reopened at any time and it was only closed due to the Plaintiff failing to show up for a scheduled hearing and causing additional delay on this matter. I would point out that now that Plaintiff has made it clear that they do not object to arbitration, that we need not use up the Court's time and cancel the upcoming hearing and ask that The Court grant Defendant's MTC and Deny Plaintiff's Summary Judgement as irrelevant due to the subject being a matter for arbitration only. Who cares. He probably gets more frustrated at having to reschedule hearings because someone is too timid to assert their rights. This is not the judge's case to defend. YOU must do the work. This judge did everything he could possibly do to get you to ask for a dismissal or for a directed verdict and you were worried about hurting his feelings? This is his job.
  7. fisthardcheese

    Midland lawsuit HELP!

    I don't know what good contacting either JAMS or the Court is in this situation. Nothing has happened. What are you going to say to the judge? "Hello, Your Honor. How are you? How about this weather, that is something, huh? Anyway, you know that arbitration thing? It's still pending. Nothing has happened yet. Sincerely, An overly eager consumer". Again:
  8. fisthardcheese

    Sent in debt validation letter. Here is what I got back.

    Alternatively, just saying "I refuse to pay the alleged debt" also works the same as saying "do not contact me" per the FDCPA.
  9. fisthardcheese

    Where do I send dispute letter?

    I would not start disputing anything only based on information from Credit Karma. I would get a full hard copy of my credit report by mail from all 3 CRAs. Also, removing this account from your reports, if successful, will not change the fact that you are very likely to be sued by Midland soon. I would read up on the arbitration section of this site (see the link in my signature). Using the Synchrony Card Agreement containing the arbitration section and getting the court to grant a motion to force arbitration will make Midland drop everything like a hot potato.
  10. fisthardcheese

    Arbitration with Barclay help

    Why and how did the topic of payment to AAA even come up in court? That is wholly irrelevant to the MTC proceeding. That is a matter between Barclays and AAA, not the court. You need to look up HI case law regarding arbitration. Surely there are some cases that mirror the Supreme Court rulings. I would also reiterate the Supreme Court ruling to the judge, pointing out that when a VALID arbitration clause exists, that should be the preferred jurisdiction to hear the matter and that Plaintiff has not objected to the validity of the contract containing arbitration, therefore, the Court should follow the Supreme Court and grant your MTC. This is the standard response an attorney will give to anything you file in court or arbitration. The only thing I would do is respond with a simple objection and state that you object to the request of any fees to be paid by the Claimant that goes above the contract and the Consumer Rules of the AAA. You must object in writing when they say anything that runs counter to the rules or agreement or you waive your right to them and you do NOT want to wave your right to have them pay all the arbitration fees.
  11. fisthardcheese

    Midland lawsuit HELP!

    Send the attorney an email stating that you are willing to withdraw your claims in Arbitration in exchange for a full release. Give them an expiration of this settlement offer being the same date the JAMS payment is due. They may ignore it. They may actually agree to the settlement. Who knows. It costs and hurts nothing to try. A signed release of liability is as good as a dismissal with prejudice. If they ignore it, then let the JAMS case get closed for non payment and be done with it.
  12. This is a generic CitiBank card agreement that you could use if you can't find a specific Dividend one. You could try calling CitiBank and asking if you can get a copy of the Dividend card agreement from the account you used to have with them. They may or may not be cooperative with that.
  13. fisthardcheese

    Huge medical debt question (1st time poster)

    I have knowledge and personal experience with things other than arbitration. Among my personal experience is the fact that medical debt CAN and HAS been sold to debt buyers as well as medical debt collectors settling for less than the full amount. Therefore, I will continue to speak out about things I have personal experience and knowledge about regardless of which users want to throw a fit like child over it and resort to slander. Thank you for your concern about me "staying in my lane", though.
  14. fisthardcheese

    Arbitration Overview and Strategy (2018 - Most Up To Date Info)

    You should have filed an answer to their lawsuit with the court. I would do that NOW if they haven't already gotten a default judgement.