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concernedinny's Achievements


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  1. I filed my response to bring served back in September via certified return receipt. Both the court and Calvary received it but I haven't heard a peep since. What do I do? I don't want to stir the pot but if I can get it tossed out because no one responded, that would be awesome.
  2. Mine doesn't have a section that states what is subject to arbitration. There's nothing similar to what you've written. It's rather vague (in the agreement) IMHO. It's attached below...am I just being dense? creditcardagreement_11253.pdf
  3. I'm in the 3rd... I'm working on my full denial and request for arbitration today. I have the example above (thanks debt zapper) but that language does not match anything in the agreement for the card that this is. Attached is my agreement that I've retrieved. Can someone please help? (Not that everyone hasn't done a TON already - thank you, this site has been a Godsend) creditcardagreement_11253.pdf
  4. They did not even include 1 or 3...just 2 and it was the affidavit that they included as their original filing. Would it be worth mentioning that in my response to request arbitration - I mean, I wonder if they can even produce it?
  5. I'm not, unfortunately. I live in Upstate NY. I would love to. I am upstate, however... I did do a consult with an attorney and he said that for the "small amount" be requested, that it would be cheaper in the long run to settle out or attempt to speak with the firm myself. I am waiting on a second consultation with a different firm to see what they have to say. I have an arbitration 'response' prepared in case that's what he recommends. I appreciate all of the feedback. I just want this handled and done and what I've been able to find is that for the amount being requested an arbitration response will lead to a much reduced settlement and disposition...apparently I can also ask for a different kind of marking on my credit report (paid in full vs settled) to ease things as well.
  6. I don't...and to be honest, I would have expected that they would have to show me some sort of proof that they hold the debt legally/lawfully. Where would I get the agreement? They haven't sent me anything other than what I posted :-\ Thank you...I'll review that now. I appreciate the help. I just don't understand how they can file some random suit without proof to back it up. If I tried to submit a case like that at work, I'd be laughed out of court! (police department)
  7. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited liability company with a place of business in the State of New York. 2. Plaintiff, by purchase and assignment, acquired from SYNCHRONY BANK , original creditor all right, title, and interest in the defaulted account, account number ****************1452, of defendant(s), ((my name here)). AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant(s). 4. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $1,192.19. Payment has been demanded by Plaintiff but has not been made. AND FOR A SECOND CAUSE OF ACTION 5. Plaintiff seeks for Defendant(s) the sum of $1,192.19, upon an account stated between them, did promise to pay Plaintiff said sum upon demand. Payment has been demanded by Plaintiff and has not been made. WHEREFORE, Plaintiff demands judgment against defendant(s) for the sum of $1,192.19, with costs and disbursements of this action and interest thereon." The third, and final, page is a signed verification (notary signature, etc.) I consulted with an attorney who told me that while I was more than welcome to retain him, he would be more expensive than just attempting a settlement. I left a voicemail for Schachtner Portnoy advising them that I was unaware of the account, had not received documentation regarding any bills (mail or phone call) and that I would like someone to call me back. This was all on the 19th. I still (not surprisingly) have not heard back from Schachtner Portnoy. What I've been able to find leads me to believe that they have not provided me with all the necessary documentation. I mean, Synchrony manages more than 57 credit accounts (yikes) - who are they claiming I owe money to? I don't truthfully know what the deal is. Any advice on how to proceed would be wonderful. The attorney I consulted with indicates that they purchase these 'junk debts' for pennies on the dollar and a quick settlement should be easy, but no one is calling me back so that doesn't help me at all.
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