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Everything posted by mrswylie

  1. Received service shortly after my prior email. Sent letter to JDB and Attorney Electing Arbitration, then followed up with MTC arbitration with the court today. The deadline for my answer to the complaint is Monday and I plan to submit a response with arbitration and the first affirmative defense, along with a number of other defenses should my arbitration request somehow be defeated. One bit of confusion i still have for Michigan. Once I mail the MTC to the Plaintiff's attorney, I need to prepare an affidavit of service. Most of the templates I've seen have that at the end of the MTC after my signature. Do I simply fill that in and resubmit to the court?
  2. The story is a bit complicated. Opened a credit card with HSBC (Best Buy logo), used, paid in terms. Account was sold to Capital One with an outstanding balance. I did not make any purchases subsequent to the Capital One transition, but did make payments on account. My final payments (a few days apart) were made roughly the same time that the account was being sold to Citibank. One of the two payments was credited to my account, the second was not. With the transfer to Citibank, statements were sent to an incorrect address and I didn't realize Citibank believed a balance was outstanding. In June 2014, Midland bought the account from Citibank and is now suing me for the outstanding balance plus several months of interest and fees. To add to the complexity, all payments were made online, electronically from my Bank of America savings account. My branch was subsequently sold to Huntington bank and thus far I have been unable to obtain any records from either B of A or Huntington for this period. I'm looking for suggestions as to possible defenses. Without proof of payment, it seems like I cannot dispute the balance. Can I somehow attack the transfer from Capital One to Citibank? Other thoughts? Thanks!
  3. Here's a great thread from someone in Michigan regarding arbitration, with an example filing.
  4. I am planning to demand Arbitration. According to our local legal aid group, the complaint was filed June 24th, but I haven't yet been served. I'm trying to prepare so I can act quickly once served.
  5. @grace0919 What a timely find. I am faced with a similar lawsuit by WWR on behalf of Midland, except the OC is Citibank. I'm planning on adapting your MTC/MTD for my filing. Thanks for all the work and postings that will help me in the process. In the filing, you mention several Exhibits. I'm wondering if it's possible to get redacted copies of the Exhibits posted? I want to make sure I'm doing things right and following someone who has already had success seems like a good plan. Thanks!
  6. My wife co-signed a Best Buy CC for her daughter in 2010 thru HSBC. That account was purchased by Capital One in May 2012 and subsequently purchased by Citibank in September 2013. The daughter claims to have paid the card in full in August 2013, but has no records or evidence of that payment and no account statements to prove the account was paid. She also claims that she received no communication from Citibank in any form - no notice of purchasing the account, nor account statements. The account was purchased from Citibank by Midland in June 2014. My wife received an inquiry from Midland in Feb 2015 and we responded by requesting validation of debt. They provided an account statement dated April 2014 showing the alleged outstanding balance, but no further documentation. We responded by reiterating our request for supporting detail and received a response from WWR with minimal additional detail and threatened legal action. In mid June, we received an additional letter from WWR notifying us of their intent to file a lawsuit. They attached an unflied complaint which I have scanned, redacted and attached. According to our local legal aid group, the lawsuit was filed on June 24, 2015 and a case number was assigned, but we have not yet been served. I am trying to choose a best path of defense and prepare in advance of being formally served. I would appreciate any suggestions and have a few specific questions - 1) We have had no interaction with Citibank - no payments, no charges, no statements or communications. I found a Best Buy Citibank CC agreement online and it has an arbitration provision. Should I request arbitration? If so, would that be part of response to their complaint or a separate motion? 2) I am considering filing a Motion to Dismiss alleging a Lack of Standing based on failure to produce complete Bill of Sale, etc. I won't know fully what they have submitted until we are actually served. Thoughts? 3) Between the origination of the account (2010) and the current complaint, my wife and I married and she changed her name. The materials to date have been in her prior last name. Do we need to do anything regarding the name change? 4) Should I have any concern about the delay between the date of filing and no service yet? Any advice on best path of defense would be appreciated. Thank you