Slau

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About Slau

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  1. Should I file for a stay of proceedings or is it too late??
  2. so today I not only received the first set of interrogatories, request for admissions and discovery but also a motion for summary judgement hearin in late February. i had hoped to file my motion for reconsideration next week with the original cc agreement. how will these new items effect that?
  3. Barclays have agreed to provide me with the original cc agreement through my CFPB complaint. also, I had an extensive conversation with th court in the county I reside and they were specific that my case was filed not in small claims (which we have) but in general civil. So I believe the carve out language will not apply. All good news!!!
  4. Contacted the court. my case was filed in general civil which is different than small claims so I think I caught a break!
  5. Can you elaborate, what is Delaware JP carve out?
  6. Alleged default is 12/2011 they filed 12/2016. Judge wants the original cc agreement as the language was not specific that the newer agreement replaces the older.
  7. I had my motion to compel today against Midland funding. Judge granted. I didn't have a order ready so in the wait time, the attorney for Midland realized that the cc agreement was dated 10/2007 and not for March of 2007. Judge ordered discovery, and we will proceed in court unless I can obtain a Barclays Bank Delaware cc Agreement for 3/2007. Any help is greatly appreciated.
  8. I made a critical error by sending the Ameriprise cc agreement rather than the 2007 Barclays cc agreement. My MTC hearing is tomorrow and midlands attorneys sent an opposition to my MTC stating wrong cc agreement and that I used a affirmitive defense of lack of standing waives my right to request arbitration. help!
  9. I made a critical error and my motion to compel is tomorrow.

    i seen the wrong cc agreement with my motion to compel. I used Ameriprise instead of the Barclays cc agreement.

    also midland funding is stating because in my answer I stated as a affirmative defense lack of standing.

    i found the right cc agreement can I just give it to the judge at the hearing tomorrow?

    i appreciate your help!

    1. fisthardcheese

      fisthardcheese

      " also midland funding is stating because in my answer I stated as a affirmative defense lack of standing "

       

      What do you mean by this?

      Yes, you can.  If the hearing is specifically for the MTC, I would just let the judge know right up front that you have noticed that you mistakenly attached the wrong agreement to the motion as evidence, but that you have the correct one with you.  You will need to bring copies to give the judge and to Midland's attorney.  I would expect the attorney to object and ask that the right agreement not be allowed.  I would just tell the judge that this was a "bona fide error" (use that term).  If Midland keeps pushing the issues, I might argue that Midland is not prejudiced by this error because since they were the ones that brought suit, surely they must already have a copy of the contract they are suing on. I might even say something to the effect of: "If Plaintiff's position is that they don't have a copy of the correct contract upon which they brought suit, I would like to ask for a directed verdict".  That will likely shut them up LOL!  A directed verdict is basically asking the judge to make a ruling on the spot with the evidence presented to that point, but if he does not believe it is in your favor the case can continue on.  So essentially if they claim not to have the right agreement and they also say yours is not the right agreement, then they would be admitting that they have no evidence of a contract at all and you should be awarded a win in a directed verdict.   It may not exactly work this way, but it will definately let the Midland attorney know that you are not playing around and can argue a good case.  It can get him to back down if they are being pushy.

       

      Those are the things I would go with tomorrow.  Essentially it's all up to the judge, but making an honest mistake and attaching the wrong agreement should not derail the case - unless you just have a horrible judge.

  10. It's midland funding, bought the debt from Barclays. i re read the cc agreements. The 2007 does give the option of Jams and says the creditor will reimburse fees. The 2011 says I would bear the costs of all collection fees. Does that mean I would have to pay their portion for arbitration? sorry for asking so many questions, but I want to make sure I don't get stuck paying 10k for a 1500 dollar debt. Thank you
  11. Thank you. It appears that the 2007 gives me two options NAF and AAA. would my chances be better in court? they provided two cc statements one showing last payment and the other 12/2012. a generic bill of sale stating "accounts sold "but not mine specifically and an affidavit from someone at Barclays stating information regarding account
  12. Does anyone know where I can get a 2007 cc agreement for Barclays? as I understand it, I need one to file for arbitration. Thanks
  13. Hello, Any advice is appreciated Received summons and complaint today. original creditor Barclays Spirit cc, amount is about 1500.00 unsure if I can arbitrate, can't find the cc agreement for 2007. Current cc agreement states consumer is responsible for all collections including arbitration. Thank you
  14. Hello if anyone can help I would appreciate it. Received summons and complaint from midland funding today. Original creditor Barclays spirit cc from 2007. Amount is about 1500.00 Im unsure if I can arbitrate without owing full costs? Any advise? Thank you