NCas

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About NCas

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  1. Would that be legal? Once paid, including settled, isn't it illegal to sell the account to another agency?
  2. Just received a letter today from PRA. At first it looked like the usual that I just toss out, but this one has an additional offer under the "Account Offers" that offer to settle for less than the amount on the account. It says: "The savings will be applied to the balance and your account will be considered paid-in-full for less than the full balance after your final payment is successfully posted. Within approximately 30 days of your final payment successfully posting, we will request that the three major credit reporting agencies delete our tradeline related to your account from your credit bureau report. We are not obligated to renew this offer." This doesn't feel as solid as Midland's pfd policy, but I'm wondering if anyone has already received and taken advantage of this offer and found PRA honored it or if the written claim would be useful if they refused to delete after payment. This is the last negative mark on my credit report, and I'd honestly be willing to just pay the few hundred dollars if it benefited me instead of waiting around for PRA to sue me or for the statue of limitations to come up (about 3 years from now), especially since I may be offered a promotion at work soon that would require moving and subjecting my credit report to scrutiny by potential landlords.
  3. The statements don't have any purchase info on them. I can only see that the fees and interest add up to $182.2 leaving the spent amount on the card at $236, though that amount's not listed anywhere either. The open date's not on the statements Portfolio sent, and like I said, the card's never shown up on my report, so I can't see the open date like I can with other cards.
  4. Looks like statements, but it shows no payments. Says 0.00 under payments and credits, so it looks like no payments were ever made.
  5. I've had a collection account on my credit report for a while from Portfolio. It's for a card that's never shown up on my report and that I at least don't remember ever opening. Portfolio does have my name, address, and last four digits of SSN correct. The card they claim I had was a Capital One card. Amount they claim I owe is $418 They claim the account defaulted in 2015. Georgia's SoL is 6 years. I've disputed the collection account with the CRAs and with Portfolio twice. I've spoken to a few agents denying any knowledge or ownership of the card and refusing to pay, which just led them to offer to file a dispute with their company, send validation, and hang up. I've noticed no discrepancies in the amount Portfolio has reported, they aren't reporting as a factoring agency (Account Status listed as "COLLECTION", Loan Type says "Debt Buyer Account" and Account Type is listed as "Other"), and each time I've spoken with an agent they've been friendly, patient, and haven't made any threats or false claims (dammit lol - this couldn't just be easy!) The validation they've sent includes the following: - A letter from Capital One that I definitely never received with my name, address, and a full account number on it. It says that the account was acquired by Portfolio on or about April 13, 2017 and that Portfolio owns the account. - Screenshots of the account in question from October 2015. The letter worries me. Why would Portfolio have received it but not me? If I had, then I could have done something about it. The address on the letter from Capital One is correct. I'm worried that the letter could serve as sufficient evidence in court if Portfolio eventually decides to sue me even if they don't have the contract that proves they bought an account from Capital One. I did have a family member fraudulently open a card in my name some time ago, but when I saw it pop up on my credit report, I took care of it. Capital One never showed up on my report, and this same family member swears they never opened the card... Not exactly a super trustworthy source, but she's going through this whole rehab and recovery process and honesty and making amends have been really important, so I'm leaning toward believing her. Anyway, is there anything I can do to get this account deleted? I don't want it to get close to litigation because it looks like Capital One removed all arbitration clauses from their agreements before this card was even allegedly opened, and I'm worried that letter in Portfolio's validation packet from Capital One would be enough for a judge to rule in their favor. I'd be willing to do a PFD, but I'm seeing everywhere that Portfolio just won't ever ever do it.
  6. When I filed a dispute with PRA, they sent me, in addition to the standard screenshots of statements, a letter allegedly from Capital One to me (though I never received such a letter) that stated that "Portfolio Recovery Agents now owns your account".
  7. Sorry, I meant to post this in the "Is there a lawyer in the house" section and can't delete here. Maybe someone could move it for me if this post would do better there?
  8. A little background information: 1) I have a collections report from PRA on my report for a Capital One card. 2) I live in Georgia. A number just called in a while ago. As it was ringing the caller ID said "Capital One". I had a coworker in the room talking to me at the time, so I didn't answer. I have the Mr. Number app, so after my coworker left I pulled that up and checked the reports for the number which said that it was Portfolio Recovery Associates spoofing as Capital One. "Capital One" doesn't show up in the Mr. Number app as I saw it while my phone was ringing, nor does it show up just on my list or recent calls in my phone app, so I don't have a record of them spoofing as Capital One. Is this legal? The same number called yesterday (missed the call), so they may call again. If they do, should I bring up the spoofing? How should I respond? Should I just call the number back? I record all of my phone calls, btw.
  9. Whoops! For some reason the email alerting me to a response here was sent to my spam folder, so sorry for the delayed response. I'd like to give filing a motion to dismiss with prejudice a shot. I haven't been able to find any legal standing for it so far, and I imagine it will be more difficult without an an actual order to arbitrate from the judge to attach to the motion or at least refer to in the motion. I got a copy of the full case file. The judge had ignored the order I gave him to sign (he seemed to ignore everything handed to him to sign by anyone) that granted the MTC and dismissed the case with/without prejudice. Instead what was added after the last hearing is a check list with "Set For" and "Motion Hearing" checked off by the judge and a small handwritten note that says "Remove from calendar pending private arbitration". Not lovin the super informal processes of magistrate court like I thought I might lol. What it seems to mean is "You still have to wear heels and come super prepared but the judge gets to add a napkin note to your case file instead of an official order" lol. I got a letter about a week ago of a copy of a request for fees that JAMS sent to the lawyer and then a few days ago a letter from the lawyer stating that since they dismissed without prejudice, the arbitration fees were no longer necessary. There must be a way to ask the judge to override the voluntary dismissal without prejudice since it can't be considered fair to, as you said, burden someone with the possibility of dealing with another suit just because the JDB doesn't want to pay to finish this one. I haven't found any helpful state statutes or precedent to cite in the motion though or situations similar to mine where others tried to have a dismissal changed. Maybe that's because the proper course of action is to leave well enough alone? That doesn't really help me on my credit repair journey though Should I start a new thread asking about how I might get this account off my credit report? All research online so far says that a dismissal without prejudice is entirely useless. I've found no inconsistencies or inaccuracies in Cavalry's reporting to dispute with. Seems like my only option now would be to wait a couple weeks for Cavalry to lose track of my account, send a general dispute letter to all three CRAs and hope that Cavalry doesn't verify.
  10. Just received a copy of a dismissal WITHOUT prejudice that's been filed with the court. Not what I was hoping for (wanted this stupid thing over forever and a path to getting this off my credit report). There's still been zero communication with Cavalry or the lawyer outside the court house. I've only ever received the one email from JAMS yet containing copies of what was mailed to me and to Cavalry's lawyer, which never came (though there have been some weather issues which may be slowing things down). So now I guess I'm just waiting for communication with JAMS since I have to be the one to dismiss the arbitration case. I'm sure Cavalry knows that they can just refuse to pay the filing fees though and the whole thing eventually goes away, so not sure they will bother getting in touch to try to get me to dismiss the case. I looked at JAMS' consumer minimum standards, and they're pretty vague. I know #7 says that consumers are only required to pay $250, but it's not more specific than that, doesn't mention allocation of fees after the case is decided, and I haven't been able to find anything stating that consumers are excluded from the conditions in JAMS' comprehensive rules which states that arbitrators are free to allocate fees as they wish. Tried calling JAMS and asking them but got a long winded "dunno" from someone who sounded new. I also remember reading posts from other people that claimed they were asked to pay more than that $250 because the court filing fee was higher in their county/state which makes me question how concrete the minimum standards are even more. While Cavalry would have to pay the fees first for the case to go through, be won and find out if the claim is judged as nonsense, and I'm sure they wouldn't do that, I'm still concerned an accusation of misrepresentation of costs on these grounds would be laughed off and ignored by Cavalry or brushed off by JAMS and not allowed to be added to the demand for arbitration. Can't hurt to try though, and it looks like adding that claim is my only shot at trying to pull a dismissal with prejudice out of this. Is there a penalty for Cavalry refusing to pay the fees if there is a claim against them?
  11. Outwit, sure but still seems more deceptive than necessary. I get though that she's just doing whatever she has to for her client to prevail if possible. I also totally understand that the point isn't to go into arbitration, though I would think that original creditors succeed more because original creditors will always have the necessary proof while JDBs are said to rarely have a copy of the of the contract made with the original creditor that has the names and account numbers of all the people included in the package of debts they bought. Although I've also read in a couple places that the contract isn't always required by a judge or arbitrator to order in favor of the JDB :-/ Anyway, it seems to be out of the court for now, so I'd just be adding a claim to my demand with arbitration with JAMS and it would likely never be seen by a judge for him to wave it off as an error. It would just be something to add to the case to try to get them to dismiss sooner. She said she's arbitrated a lot, so if I were to accuse her of violating the FDCPA with what would essentially be notarized hearsay then I could add that as well, and I would think it would be more difficult for her to claim ignorance if it came to that at any point, which it shouldn't. As for that potential claim, you say she was wrong in telling me that JAMS would make me pay the fees. As closely as I can remember she said that since I was the one who initiated arbitration, I'd have to pay the fees and argued against me when I pointed out that the contract said otherwise with that phrase in the contract about the creditor paying fees "to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced." You don't think there was an FDCPA violation though? It does look like the misrepresentation could be brushed off as unintentional. If the goal is just to stir up another headache and make the law firm want to shake this case off asap then it might not matter so much, but I'm still not certain it would be worth it to try. I'm an assertive person when I need to be, but it was still a bit difficult just standing my ground today. If I hadn't already known what she might say and read so often to just ignore everything said, turn down payment settlements and keep insisting on arbitration, I'd probably have bought what she said and taken the settlement, so thank you to everyone who's contributed here and in other people's posts for that Adding a claim to the the demand for arbitration does make me nervous though. I know maybe I shouldn't, but I still worry about pissing someone off and missing out on an easy dismissal (hopefully WITH prejudice). Not sure I can muster up the chutzpah to get aggressive and add a claim with $1000 in damages lol.
  12. Ugh and Georgia's a one party state. I'm kicking myself for not recording that conversation now. I think the court attendant or whoever she was freaked everyone out by saying if we didn't turn off our phones the judge would have a fit, take them away and chuck them out the window lol so I kept my phone off and didn't even think about using it to record. I'll look into adding a claim. The crappy thing about it was that she used her experience and position as a lawyer to try to sound credible - basically said "I've arbitrated a hundred times, you're going to lose and JAMS is going to make you pay the fees when you do on top of what you owe." I get that she was just doing her job, but that can sound pretty scary to a first timer acting pro-se. Even scarier though was that she was reading from the agreement, and I could see how it could be interpreted in the way she described. The agreement does say that arbitration costs will be paid "to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced." This is what she used to say that I had to pay the fees up front and then would be reimbursed if I won and an arbitrator awarded me the arbitration costs, so it would just be cheaper to pay a $500 settlement. That was when I pulled out the JAMS correspondence letter that she hadn't received yet that said they were expected to pay the filing fee She changed her tune a bit then and said I'd have to pay back any fees if I lost and the arbitrator awarded Cavalry the arbitration costs. Oh, she also filed a motion to lift and stay, arguing against the arbitration on grounds that I failed to abide by the court's time frame to initiate arbitration. She claimed that I had since Semptember 5, 2017. The suit wasn't even filed against me until September 25th, 2017. The only time frame given by the court was a 60 day continuance and she filed the motion less than 30 days after the hearing where the continuance was granted. I never even received the motion because she sent it to an address I'd never even heard of in a totally different city, so I knew nothing about it until she gave me a copy just before we went to speak to the judge. Wish I'd had time to read it and see the dates and delivery address before we went to speak to him, and I would have brought it up. :-/ Not sure there's anything I can do about it now :-/ Thanks again for the replies everyone I'll keep updating!
  13. First of all, thanks for your replies guys! I know I went silent for almost two months but I really do appreciate the help you've given me! I had my hearing today so want to keep this updated so that if this goes just the way I want it to I can post my full journey to victory in hopes that it will help someone ...or post a failure so that people can learn from my mistakes Instead of the super easy lawyer that showed up last time, the one that I expected and is listed on the service papers showed up. She's more of a tough cookie. I think I got the basic rundown that I've read about so much. You know, "arbitration's expensive, you're going to have to pay a lot of money and it's cheaper to just settle with me now", yada yada yada. Since there was no email address available for the Cavalry's attorney, JAMS sent notice of initiation by mail and they hadn't received it yet, so when I showed her a copy of what they mailed out that said that they were expecting Cavalry to pay a $1200 filing fee based on the statement in the contract which JAMS quoted directly, her argument changed slightly in that she slipped in that they could stick me with all the fees "when it's all done" and they win the arbitration case. To get it started though, they'd have to pay the filing fee. She also tried suggesting I'd have to pay half, but even if that were true, $600 is more than the case is worth so I don't think they'd even pay that. I think the lawyer asked for a 120 day continuance while we got arbitration going (she tried to argue that I hadn't initiated in a timely manner), but it was said as sort of a side comment and I'm not sure the judge agreed to that. He said that I'd shown proof that I'd initiated within the 60 day continuance period and that we should go ahead and arbitrate. I haven't received an official order from the court yet. I'll probably receive something in the mail in a few days like last time. Now I'm just waiting for that and for contact from Cavalry. So now just the waiting game and plans to hold out for a dismissal with prejudice from Cavalry
  14. Also, the card agreement says this: "If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced." Does this mean I don't have to pay the filing fee? If that's the case then I just highlight this section of the agreement when I file with JAMS? Should there be an election of arbitration sent to Cavalry and the law firm at some point or is the demand form enough? Based on other posts it seems to vary so I'm not sure what to send and in what order. It seems like I would just send the demand form.