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Tiglit18 last won the day on April 6 2018

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About Tiglit18

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  1. 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?
  2. 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
  3. 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!
  4. @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 :)
  5. 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.
  6. 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!!
  7. This is exactly what I’m thinking. AAA just gave them a bill for $4400. I will report back with any updates.
  8. 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/
  9. 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.
  10. Currently dealing with them myself - went the MTC arb route and they followed us to it. So far we have an arbitrator assigned but no real interrraction yet. Dealing with them is different from the junk debt buyers in that they seem to not care about the costs to them. They paid all the arb costs (both theirs and mine). With under $2k in debt I’d try really hard to settle rather then going to court or even arb but that’s just me and I know being a student is hard. Dont admit anything to them over the phone about your financial situation. If you make them an offer be sure you get everything in writing signed by both parties, make sure they include language about dropping the case if they’ve already filed (dismissal with predjudice). If they ask where you are getting the money just say a family member is helping you out. good luck to you!
  11. Yes my agreement is the same. I’ve searched and found lots of Midland posts but I’ll do a search on Comenity as well...You’ve been a great help and def made me feel better about it all. I have until Thursday to file/serve my response so I’ll see if anyone chimes in tomorrow. I plan to tweak my response a bit, make it less wordy. Im leaning towards removing the Parties Subject portion and focusing on the Definitions section - the judge will have to decide on whether the arb provision applies to successors but watching his rulings I think I have a good shot. Plus why give them ammunition. Its amazing how stressful these things are when you are going through them. Thank you for keeping me company on here tonight!!! Signing out until tomorrow
  12. So do you think I should highlight Section A and not the Parties Subject to Arbitration blurb? Im not 100% on the application of the terms either.
  13. I really hope I’m on the right track with all this - it would be great to hear others perspectives but due to the time constraints it may just be the two of us lol. I do understand their arguments and I think I can provide the judge with enough to have him grant my motion - obviously I am preparing for the worst but trying to keep my hopes up regardless.