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Tiglit18 last won the day on April 6 2018

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  1. I’m glad you think I should send a CCP 96 anyways - I was on the fence about it but better to be safe than sorry I suppose. Every other dealing I’ve had with PRA they have walked due to Arb clauses. Once they even paid me back for my filing fees just to get me to go away. I’m hoping a bit of push back will cause the same reaction but the amount is just about $8k so not sure they are willing to walk from that.
  2. Thanks for your input. Yes they sent everything on their own and yes I do plan to subpoena the witness. I’ll cite other more favorable court cases but most of the ones I have seen are older than 2015 when this decision came out. My friends verified that the place is real and open since I’ve heard a lot of times they give you addresses to places that are abandoned, etc.The witness has a linkdin profile and they confirmed they saw him there.
  3. @RyanEXTrial is the end of Sept. - from them I have the evidence list, trial brief, witness list and affidavit in lieu of for the witness. They are requesting the same info from me. They changed their address to a San Diego one that is only 88 miles from the courthouse. The witness/record custodian does appear to be there as I had friends check out the place for me. My strategy could be to subpoena the witness and hope that they aren’t available but after that I don’t have much to stand on due to that decision. Plus the decision was made in the same county I have my trial at which if I’m not mistaken sets the tone for my commissioner. After looking at everything they submitted I see one possible loophole to attack their standing. They provided the courts with nothing that specifically states my particular account was purchased. They only show that they bought a bunch of accounts.The 3 pieces of evidence they provided to show that the account was assigned to them is: 1: bill of sale - it basically states that they bought a bunch of accounts on a particular day. It’s signed by the appropriate people from Cap One. The set of accounts is identified by a file name of the digital records but how many accounts or what accounts were in that set is not listed. 2. Assignment of records from cap one to PRA. Nothing here mentions my particular account it only states that an assignment was made and who authorized it. 3. A spreedsheet looking thing that doesn’t give any indication of whose record it was that lists my personal info along with my account open/closed dates, and the last 4 of the account. Nothing on this sheet indicated the account was assigned so really it’s just a bunch of my information that the OC would have had when I applied for the card. In the CCP98 they mention an account list that was included in the agreement but that due to proprietary info it was not included. Isn’t this the key piece of info needed to show my account was purchased? Even if they blacked out all the other account numbers and just left the last 4 of mine? thoughts? Do I have a leg to stand on if the witness does show up to the trial?
  4. Capital One is the OC but bought by PRA. No arb available.. So I was good following the how I beat Midland post until I read in the CCP98 from my JDB the case of UNIFUND CCR LLC v. DEAR. They stated that it provides that an assignees authorized representative can lay foundation and authenticate its own business records including those obtained from the original creditor. This decision basically blows my whole plan to get their witness/evidence excluded right? Here is the decision: https://caselaw.findlaw.com/ca-superior-court/1721470.html My case is pretty much identical to this so am I now defenseless moving into court? Should I attempt some sort of settlement to avoid a judgement and wage garnishment? thoughts please @Seadragon @calawyer @fisthardcheese
  5. Thanks @fisthardcheese for all your helpful responses and postings on other people’s cases. I’ve learned a bunch on here and it’s helped me tremendously! Speaking of OC’s like Discover and BofA. Being that there is no Arb clause is it best to just settle? For example, Discover just sent me a settlement offer equal to 30% of what I owe. Is that a jump on it kind of offer? BofA on the other hand is not budging at all and I’m afraid will file any day now. Any thoughts other then proceeding in court and hoping for a settlement offer along the way?
  6. Well it’s been a lot of hurry up and wait but after some back and forth I got myself a dismissal with predjudice! Everything was agreed upon outside of arbitration and filed in court. They spent about $5800 in arb fees and didn’t get the debt paid so all in all a big win for me. Thank you you all for your help! @fisthardcheese
  7. Hi all - back again for more fun. Essentially PRA owns my old Cap1 account and they just served me. They are within SOL and service was proper. Debt is about $8000 and I do not have an arbitration agreement to fall back on. I could maybe do a settlement with a payment plan. What is the best course of action? Do I try to find a settlement that works or do I gonthe court route being that PRA bought the account. Advice please!
  8. @fisthardcheese no kidding this process just drags on. The OC has not filed any counter claim this whole time. We have discover due later this month and the case will be heard in Feb. I made an additional attempt to settle and they actually came down to an amount I’m willing to pay. Here is the deal - I’ve settled a 4 other accounts but this is the first time I have been given a “Stipulation for Entry Judgement”. Reading it doesn’t seem too favorable for me although I’m completely confident in paying it in full. Here are the terms: 1. We agree that Plaintiff will have judgement against D for full amount. 2. I agree that the total is due owed and unpaid. 3. Judgement will not be entered if I pay a compromised amount of X by X date at which point the composmisef amount will be paid in full. 6. If I make all payments described in section 3 then P will dismiss with prejudice. 7. If I default they will get judgement in their favor of the balance listed in section 1, all fees, etc. 8. This is a judicially supervised settlement in accordance with CC 664.6 9. Upon execution I release plaintiff of any and all claims 10. I waive CCC 1542 13. Obligations are binding upon me alone. My thoughts are I want something in there about them deleting the tradeline account. I also don’t like #2 admission of the debt and owing the full amount. Any suggestions on how I can modify this? Is it more standard and I am just reading it as something in their favor? thanks for any help :)
  9. Update! @fisthardcheese Things have been slow but finally had the initial conference call. Since my claim didn’t give any specific the arbitrator asked for some details. I gave a little info about harassing phone calls from the law firm. I did not request any money in my claim and the respondent never filed a response. Barclays lawyer said that they took me to court due to money’s owed but they have yet to file a response with the arbitrators. The arbitrator set the discovery deadline and the first hearing for early next year. Question 1: since Barclay has not officially made a response or counter claim, is the whole thing going to be based on my claim alone? Barclay mentioned on the phone that they were pursuing me for the debt but nothing has been provided in writing to the arbitrator or per the consumer rules. Obviously I’ll object if they try to respond see late in the process. Question 2: if we proceed to the hearing with only my claim and let’s just say since I don’t have much in violations the arbitrator rules in Barclays favor. What exactly will they get if they have not filed a counter claim demanding the amount they claim I owed in county court? Question 3: Should I provide an updated claim outlining the violations before the discovery date? Looking for some guidance on how to play this out to my advantage or at least cause them some expense along the way.
  10. So...all my stressing and research paid off! The judge granted my motion and said all of plaintiffs objections were overruled!! I could not be more excited on this victory! thank you @LaneBlane for your input and company through this hurdle!!
  11. This is exactly what I’m thinking. AAA just gave them a bill for $4400. I will report back with any updates.
  12. Cap 1 should be able to provide you one. You could probably use the one from the month of your last payment, or the one in effect when they charged off the account. Whatever you use make sure it is from prior to PRA buying your account and not after. Agreements from 2016 are archived here: https://www.consumerfinance.gov/credit-cards/agreements/
  13. I’ve had 2 cases involving PRA and they dismissed both with predjudice. I had arbitration provisions in each of the cc agreements and went the MTC arb route. As soon as I filed the MTC they started calling me wanting a settlement. They would give some high number and I would tell them no. After about the 3rd chat they would offer a “mutual walk away”. I cannot discuss the contents of the walkaway but I will say that my only expenses after it was all said and done was postage from all the certified letters. It takes time and lots of research but it can be done.
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