NH-Warrior

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  1. @fisthardcheese I filed myself for the move to Superior Court - which is actually filing for a Jury Trial here. Once you request a jury trial, if the amount in dispute is over $1,500.00, then they move the case to Superior Court. When the amount exceeds $1,500 then you are entitled to due process and all the rules of evidence apply. And I agree, having someone there to guide and move this along is going to be great. I don't have time to really do al lthe research that would be needed but I am going to give it a go so that I am in the know! I really dislike how Small Claims has been coopted by JDBs. There should be a move to have 2 separate SC courts, one for the intended cases - XYZ contractor didn't get paid by client and whatnot - and one for the JDBs. Thanks for all your help and thanks to the others too I will post as we go through this!
  2. He will represent me for all of it. He thinks I could do it myself tho and was impressed at the MTC. I'm still waiting to hear on the move to Superior Court....
  3. Just an update - I have filed for a jury trial so that we actually go by the rules of evidence and be able to do full discovery. Again, I will keep you all posted Is it important that I keep updating so that others might glean some info.? I don't want to keep posting useless info if it's not, well, useful Thanks all!
  4. Thanks again! I have spoken with an attorney and will be meeting with him today! I'll let you know what he says.
  5. @fisthardcheese and @BV80 Thank you again Yes, they filed on 09 March, 2017 - the DV was sent/postmarked 10 January, 2017. The original DV request was in May of 2015! This is the same law firm that send me the (for Midland) DV and offered settlement so we wouldn't have to go to court; 40 days AFTER they filed suit and while we were waiting on MTC judgement. Now that doesn't matter to this instance but, I think that there is a pattern here UGH. I plan to file a MTC for this as well but wonder if I have a chance with the way citibank arbitration is laid out in the card agreement? I had thought of doing a counterclaim with my answer to the suit but, I'm still trying to wrap my head around that. ** Just noticed they filed the Atlantic suit 2 days after they sent me misleading DV for the Midland action as we were awaiting the MTC judgement on Midland. they are trying topull a fast one me thinks. I did forget all about the Atlantic suit being filed as I was concentrating on Midland. All the card companies have to do is just work with people!! Thanks!
  6. Yes, Atlantic is the Plaintiff in the Complaint and Niederman represents Atlantic. The packet was (I am to assume) for fulfillment of the DV? But that request I made for DV was over a year ago! Suit filed a month or so after the packet received. I filed my answer last night - Deny Same firm that was representing Midland - and sent over the DV package after they sued me; asking to settle and not go to court....
  7. Unfortunately I am back in small claims. After receiving a notice in 2015 from the same law firm regarding a Citibank card, I send a DV (within 30 days). I never heard back. This account went through several players and not one would budge on settlement payment/plan. So I forgot about it. In January 2017 I suddenly received a package in the mail. Please see the attached below. I am thinking I may have yet another violation of the FDCPA - the DV cover letter states "Plaintiff Citibank" and Defendant "Me". Nothing was filed until March 09 2017. The amount on the complaint is $4,500 and the filing fee. I have to answer by tomorrow and am going to do this once I post here. I want to to a MTC again but, how does the Citibank SC exclusion work? I read that "Usually the language in a credit card agreement that has the small claims exception is ambiguous, and as many courts have stated, any ambiguity in a contract is construed against the maker. " The paragraph after the small claims language is thus (2017 agreement): Arbitration limits• Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. From a 2011 CA - What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. What about debt collections? We and anyone to whom we assign your debt will not initiate an arbitration proceeding to collect a debt from you unless you assert a Claim against us or our assignee. We and any assignee may seek arbitration on an individual basis of any Claim asserted by you, whether in arbitration or any proceeding, including in a proceeding to collect a debt. You may seek arbitration on an individual basis of any Claim asserted against you, including in a proceeding to collect a debt. Thank YOU!!!!! The "DV" package contained the following: 1. Bill of Sale - on a blank 8 1/2x11 sheet of paper - no logos, no notary, no seal, no nothing! and 3 statements( 2 copies of each) 3 affidavits (see below as I typed them out) and a computer print out with last 4 of SSN, last payment date, charge off date and name/address/DOB 2. Affidavit from Citibank “Document Control Officer” Susie DeSha, stating my account was sold to Atlantic – dated , 2015 3. Affidavit of Angela Campbell – Atlantic Credit Atty. Relationship mgr. , 2016 – State of NH “1. I am employed as an Attorney Relationship Manager by Atlantic Credit & Finance, Inc (“ACF”) servicer of this account on behalf of ATLANTIC CREDIT & FINANCE SPECIAL FINANCE UNIT, LLC (“Plaintiff”). I am a competent person over the age of eighteen years of age, and I am authorized to make this affidavit on Plaintiff’s behalf. In this affidavit, I make my statements about this account based upon my personal review and knowledge of those account records maintained by ACF on Plaintiff’s behalf and that are pertinent to those statements (“Pertinent Records”). 2. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's CITIBANK NA account xxxxxxxxxxxx- (herein "the account"). 3. As a result of Plaintiff’s purchase of the account, ACF acquired certain account records from the seller and incorporated those records into ACF’s own permanent business records. Those acquired and incorporated records are kept by ACF in the regular course of business on behalf Plaintiff. 4. The acquired and incorporated records are treated as trustworthy and accurate, and are relied upon by Plaintiff and ACF in purchasing and servicing this account because, the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. 5. I have access to and have reviewed the Pertinent Records (including pertinent electronic records) concerning the account maintained by ACF. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by ACF in connection with servicing the account since the day the account was purchased by Plaintiff. In addition, I reviewed the documents that are attached to this affidavit. 6. As set forth in the records attached hereto, on or about X/X/2015, the account was sold from Citibank, N.A. to Atlantic Credit & Finance Special Finance Unit, LLC. If applicable, the account was then sold to the following debt buyers in order of occurrence on or about: 7. Attached hereto are the following records regarding the account: Bill of Sale(s) and Assignment and/or Affidavit(s)of Sale for the above referenced sales) of the account. Seller data sheet reflecting the individual account data extracted and printed from electronic records provided to the seller to ACF pursuant to the Bill of Sale/Assignment in connection with the sae=le of the account to Plaintiff. 8. The documents attached hereto are true and correct copies of the originals, being a reproduction of the records on file on behalf of Plaintiff based upon my review, except to the extent that confidential and privileged information anf/or personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law. 4. Affidavit of Angela Campbell – Atlantic Credit Atty. Relationship mgr. , 2016 “1. I am employed as an Attorney Relationship Manager by Atlantic Credit & Finance, Inc and have access to pertinent records of this account maintained on behalf of Plaintiff by its agents. I am a competent person over the age of eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's CITIBANK NA account xxxxxxxxxxxx- (herein "the account"). In connection with plaintiff's acquisition of the account, relevant account records and information have also been by the original creditor or its agents/assigns. I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on the plaintiff's behalf. 2. I am familiar with the manner and method by which the business records I have reviewed are created and maintained on behalf of the plaintiff pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, the record or compilation was made at or near the time of the act or event. 3. The account shows that the defendant(s) owe(s) a balance of $XXX.xx, based upon my review of business records kept on behalf of Plaintiff, Defendant(s) opened a CITIBANK, N.A, account, and the account was charged off on X/X/2015 4. Those business records that I have reviewed do not indicate that the defendant is a minor or incapacitated person. 5. Attached hereto is a true and correct copy of a statement of account, bill(s) of sale and/or billing statement(s) relating to this account, as reflected in plaintiff's business records and/or records provided to plaintiff by original creditor (or its agents/assigns) in connection with the plaintiff's purchase and/or assignment of the account. 6. The documents attached hereto are true and correct copies of the originals, except to the extent that confidential and privileged information is omitted or redacted and personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law.
  8. Good evening! I just received notice that the Plaintiff filed a Voluntary Nonsuit WITH Prejudice (can I cheer now???? ) Pretrial on the MTC was scheduled for April 12. There were at least 2 FDCPA violations in this case; I wonder if Plaintiff's counsel was reading these boards? Is there anything I must do now? Should I show up to the pretrial "just in case"? I am thinking no....but I'm suspicious..... Thank YOU ALL for this forum and your expert guidance. I was ready to go and prepared a Memorandum of Law for the defense of the MTC - is it worth it to anyone that I post?
  9. @BV80 Apologies! I meant the credit card agreements that contain the arbitration clauses - all the same since 2013. As far as the bill of sale and the sales agreement, it is normal for these to be dated a year or more apart?
  10. @debtzapper Yes, you did call it indeed! It boggles the mind though; why didn't the judge just deny? I suppose that I may be a ground breaker in this regard. I have 3 copies of the agreement with various dates and will bring all 3 of them. I think I am ready - but I hate public speaking. I will practice though!! And I will take comfort in knowing that I might actually be helping others. Can I say that the small claims venue has been coopted by these unscrupulous jdb companies? Or would that be bad? Thanks again @debtzapper @fisthardcheese and @BV80 I will continue to report back.
  11. Judge decided to not take action on the MTD/C at this time! No action taken on MTC ? Pre-Trial Conference has been scheduled - for April 12, 2017? The last 2 pages of the Pre-Trial Notice speak about the Small Claims Mediation Program - so this is an attempt to force court mediation. I believe my next step is to file an appeal and/or show up at pre-trial with my notebook full of all the reasons why the forum for this is arbitration and Small Claims is not. Or, I file an appeal to the NH Supreme Court...... And there is the issue of the DV documents coming after the suit was filed. And, the "settlement" offer saying we should settle before any legal action takes place - well Duh! They already sued me....