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Panove4

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Everything posted by Panove4

  1. Court denied motion and entered summary judgment in favor of plaintiff. Seems CFPB Consent Order doesn't matter to these courts. What to do now?
  2. Update: Apparently there was a Evidentiary Hearing on my Motion to Compel which I didn't realize because there was also a court hearing that was vacated. The notification from the court "checked box" indicates that the scheduled court date of Trial for 10/19/15 has been vacated. Right above that another "checked box" indicates "Other: Evidentiary Hearing on Defendant's Motion to Compel". I read the "vacated" to mean that the hearing that day has been vacated. I didn't understand that it meant the Evidentiary Hearing "in place of" so I didn't go to court. Just found out today that the court granted Summary Judgement in favor of the Plaintiff, apparently because I didn't show up to court. Is there any recourse for me or after all this it's now over? Someone please chime in. Thank you.
  3. Hi, anyone think I should file something, I don't know what though, to introduce the CFPB new Consent Order into evidence?
  4. I didn't try to pass it off, I introduce it to the courts because I thought since GE has been renamed Synchrony the TC would apply. They said my last payment was in August 2009. I don't know if that's accurate or not because I destroyed all those old statements and receipts many years ago.
  5. CFPB Takes Action Against the Two Largest Debt Buyers for Using Deceptive Tactics to Collect Bad Debts Encore and Portfolio Recovery Associates Must Refund Millions of Dollars and Overhaul Debt Collection and Litigation Practices http://www.consumerf...lect-bad-debts/
  6. I filed a response, thank you. I started a new thread because I thought no one was reading the old thread. Will post on the old one to keep everyone posted. Btw, saw this today, you guys gotta check it out: CFPB Takes Action Against the Two Largest Debt Buyers for Using Deceptive Tactics to Collect Bad DebtsEncore and Portfolio Recovery Associates Must Refund Millions of Dollars and Overhaul Debt Collection and Litigation Practices http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/
  7. Thank you for this information, the opening date is August 2008 and the collection agency sued May 2015.
  8. Does anyone on here has a copy of a 2008 GE Money Bank Care Credit Agreement Terms & Conditions?
  9. Midland Funding filed a Motion of Opposition to Motion to Compel Private Arbitration citing that "defendants request for private arbitration is based upon exhibits which are not related to his account. The terms presented to the Court are not for Defendant's account and therefore not binding on this case". I believe that is because the exhibits submitted with my Motion are the current terms and condition of Synchrony Bank formerly GE Money Bank Care Credit, the alleged creditor back in 2008. I finally found an online copy of the 2008 GE Money Bank Care Credit Agreement Terms & Condition. Any recommendation as to how to respond to this?
  10. CFPB Takes Action Against the Two Largest Debt Buyers for Using Deceptive Tactics to Collect Bad Debts Encore and Portfolio Recovery Associates Must Refund Millions of Dollars and Overhaul Debt Collection and Litigation Practices http://www.consumerf...lect-bad-debts/
  11. I found a 2008 GE Money Bank Card Agreement online but it's doesn't have GE info printed on the bottom of all the pages. The agreements have general terms and conditions, pricing, and fee information. They are not specific to an individual's account information so I'm wondering if I should respond to the latest Motion with a copy of a 2008 GE Capital Terms & Conditions and inform the court that both the Synchrony T & C and the 2008 GE T & C are applicable to the account. Any recommendation?
  12. Midland Funding filed a Motion of Opposition to Motion to Compel Private Arbitration citing that "defendants request for private arbitration is based upon exhibits which are not related to his account. The terms presented to the Court are not for Defendant's account and therefore not binding on this case". I believe that is in referenced to the current terms and condition of Synchrony Bank (formerly GE Money Bank) included with my motion. I don't have any terms and conditions for GE Money bank, the alleged creditor at the time the account was open almost 7 years ago. Any recommendation?
  13. I thought so...thanks! Do I need citation of any sort for this? Btw, saw the below in another post here and would like to know your thoughts on it. Also, how does my Motion for Arbitration plays into all this? COMES the Defendant, appearing PRO SE to OBJECT the MOTION FOR WITNESS TELEPHONIC APPEARANCE by the Plaintiff or Plaintiff’s attorney. The XXXXXX Justice Court of XXXXX County specifically states on the ORDER SETTING FOR TRIAL that the court will NOT ALLOW telephonic appearances for trial. Furthermore, the Defendant objects to the testimony of any witnesses by telephone. The Defendant must be provided sufficient opportunity to test the credibility of the witness(s) and/or the substance of their testimony. Face-to-face testimony is necessary to undo the false accuser, reveal coaching, and confirm the identity of actual witness(s). The Defendant is clearly prejudiced by violation of Defendants right to confrontation. It's unfair and an extraordinary abuse of the process.
  14. Any suggestion as to how to word the response for objection to the Motion for Telephonic Appearance of the Plaintiff's Witness at the Trial Set for October 19, 2015?
  15. I'm so grateful for all your help, especially Harry, thank you! Now I'll just play wait and see. The worst that can happen is that they get a judgement and collect over time. Btw, Plaintiff filed a Motion for Telephonic Appearance of Plaintiff's Witness at the trial set for October 19, 2015. I'm thinking of filing a response to it within the 10 days timeframe. What do you guys think?
  16. Thank you! Reviewing it now. Suggestion about font colors taken So do I retain the headings: Legal Argument and Conclusion?
  17. Please take a look at the statements in blue font and let me know if you think it's ok to file. Needs to get in the mail by mid day. Thank you. XXXXX andXXXXX husband and wife ADDRESS PHONE | EMAIL Defendant(s) MARICOPA COUNTY JUSTICE COURT, ARIZONA MCDOWELL MOUNTAIN JUSTICE COURT 18380 North 40th Street, Phoenix AZ 85032 MIDLAND FUNDING, a foreign entity, Plaintiff, vs. XXXXX and XXXXX, husband and wife Defendants. Case No. XXXXX RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Introduction Comes now the Defendants, XXXXX and XXXXX, husband and wife, Pro Se, and files this REPLY AND OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT in response to Motion For Summary Judgment filed by Plaintiff, Midland Funding LLC, a foreign entity, (hereinafter "Plaintiff") as follows: The Motion For Summary Judgment filed by the Plaintiff is insufficient as a matter of law. The Plaintiff lacks standing to sue the Defendants, since the alleged account which is subject of this Complaint, is subject to binding individual arbitration. Plaintiff has failed to discharge this responsibility by filing the Motion For Summary Judgment and the Plaintiff’s Separate Statement of Facts in support filed with the Court. The Motion does not set forth the True facts upon which Plaintiff seeks a summary judgment. Rather the Motion states only “there is no dispute as to any material fact and it is entitled to judgment as a matter of law.” Motion for Summary Judgment should be denied. Statement of Facts 1. Defendants received the Plaintiff's Summons on 05/21/2015. 2. Defendants’ answer was filed with the court on 06/18/2015. Defendant received Motion for Summary Judgment from Plaintiff's attorney on 7/25/2015. 3. Mediation conference was held on 8/3/2015. 4. Defendants filed complaint with the Consumer Finance Protection Bureau (hereinafter CFPB) on 8/6/2015 regarding Defendants’ rights pursuant to CFPB Consent Order against the alleged original creditor (Exhibit “A” proof of online filing) as of date of this Reply; the status of the complaint is “in progress”. 5. Defendants sent a letter of Demand for Contractual Individual Arbitration to Plaintiff on 08/7/2015 (Exhibit "B" proof of mailing) as of the date of this Reply, Plaintiff has failed to respond. 6. Defendants sent Demand for documentation from the alleged original creditor on 8/17/2015. (Exhibit “C” for proof of mailing). Documents requested from alleged creditor included copies of account statements, payment history from the inception of the account up-to and including the date of transfer/sale to collection, and any documentation and notification regarding Defendants’ rights to seek reimbursement pursuant to the CFPB Consent Order. As of date of this Reply, the request has gone unanswered. 7. Defendants filed MOTION TO COMPEL OR STAY ARBITRATION based on the terms and conditions of the Credit Card Agreement and the SEC S-1 form Registration Statement and Prospectus Summary, an official public record that shows GE Capital Money Bank Care Credit, the alleged original creditor, has been renamed Synchrony Bank. 8. Certain Defined Terms: Except as to the context may otherwise require in this prospectus, references to: “we,” “us,” “our,” and the “Company” are SYNCHRONY FINANCIAL and its subsidiaries, which together represent the businesses that historically have conducted GE’s North American retail finance business (Exhibit “D” as proof). 9. Defendants received Notice of Court Date on or about 08/19/2015 (Trial scheduled for 10/19/2015). (should I keep this heading?) Legal Argument (is the statement below the legal argument?) Defendants have demanded arbitration per the agreement governing this alleged debt and made application to this Court to order same. Per said agreement, and controlling statutes, these litigation proceedings have been stayed, and plaintiff’s act of filling a motion for summary judgment is therefore improper. (See Exhibit “A”, paragraph titled “arbitration providing”; (Exhibit A is already stated Harry so which exhibit is this suppose to be? ) also Arizona Revised Statutes 12-1502 (D). (should a copy of this statute be included as an exhibit?) Plaintiff’s motion for summary judgment should therefore be denied and this Court should grant defendant’s motion to compel arbitration. (should I keep this heading?) Conclusion (is the statement below the proper conclusion?) Plaintiff's failure to elect Contractual Individual Arbitration compels the denial of summary judgment for Defendant. DATED this 21st day of August 2015. ______________________ ______________________ Signature Signature COPY of the foregoing sent this 25th day of August 2015 to: Bursey & Associates 6740 Oracle Road, Ste 151 Tucson, AZ 85704
  18. Please take a look at the statements in blue font and let me know if you think it's ok to file. Needs to get in the mail by mid day. Thank you.
  19. Should have been filed by the 22nd of August. Must get in the mail by midday today. Please help!
  20. I was able to save the folder with the docs here: https://nmariecrumbie.sharefile.com/f/foh895e0-0f0c-48d1-8c2c-2bcef09ed336 Login is crumbien@gmail.com and password is Panove04 Click the image for the gallery view mode and select all to view each one without the need to download. Sorry, I don't know what else to do to get there files on the forum. Photobucket didn't work because the files are in pdf format.
  21. Having difficulty attaching files.
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