pulpfiction0

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pulpfiction0 last won the day on November 28

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  1. I haven't dealt with Discover (interestingly enough, not a peep from them since my account charged off two years ago), but was offered essentially the same settlement from Amex. Wound up with a settlement for a higher percentage than OP, but paid over the span of 2+ years. Again, contrary to popular ahem 'wisdom' on here, Amex (and I presume Discover) really has no desire to deal with arb. Of course they will follow through with it if one refuses to settle, but they'd much rather take what they can reasonably get from the 0.001% who are even aware of the arb clause. In the end, it's a numbers game. Their recovery department and attorneys would rather quickly boost their numbers than drag something out for potentially a year or more in arb.
  2. AGAIN: You are both EXTREMELY hostile to people here, AND downright wrong more often than not. OP is yet another example of this. Leads one to wonder which JDB employs you, and/or just how severe of a mental illness you suffer from. Happy Thanksgiving!
  3. Her circumstances are unusual. The result really isn't all that unusual. Contrary to the garbage spewed by Clydesmom and a few others (who tend to sound awfully like debt collectors), both Amex and Discover most definitely do NOT want to go to arbitration. Sure they will go the distance if necessary, but if you offer them at least a little something prior to running up their expenses in arb, they will take it. I speak from experience here, and most certainly did not have the extenuating circumstances OP had. Zwicker was reasonable to deal with, but then again I was dealing with their managing partner and not some phone-monkey.
  4. Don't you think you're being a bit dramatic in regards to the 'bully' comment? Discover is a billion dollar corporation. The OP is struggling with family tragedies and the resultant financial issues. An imbalance if power if there ever was one. OP would merely be exercising their legal rights...based on a contract drafted by said billion dollar corp...by running up their costs in arb. I respect that you try to maintain order on this board and help people along the way, but these sorts of comments are uncalled for. Please don't turn into another Clydesmom.
  5. Yours is a rather unusual case. You mentioned in your other thread they filed in JAMS in lieu of state court. My experience is they force you to file a MTC , and then insist that you commence the arb. I wonder if this law firm (Zwicker?) was recently sued under the FDCPA for filing in state court after election of arb in a DV.
  6. YUP. Contrary to what several regulars on here spew (especially one with a particularly maternal name), 30% or so settlements with the likes of Amex and Discover are most definitely possible. I pulled off a 50% settlement paid over the span of 2+ years, but could have had 30% if I were able to pay it off over 3 months.
  7. Is this offer in writing? If it isn't, it never happened. I'm not necessarily saying the attorney will reneg. Collection attorneys work such a high volume practice that their primary objective is disposing of the case as quickly as possible. This isn't always the case, but a good number of them only pursue the low-hanging fruit. As such, I doubt the attorney would waste time making an offer they weren't intending to follow through with. That said, I'd file your motion immediately and then drop the attorney an email along the lines of 'Per our conversation of xx/xx/xxxx, you agreed to dismiss the above captioned case with prejudice, following the execution of a mutual release. As the case has not yet been dismissed and a filing deadline is approaching, I am left with no choice but to file the attached motion. Our agreement still stands, so I await your filing of the appropriate dismissal paperwork.' If they dismiss shortly thereafter, great. If not, you've still covered your bases and will be prepared for the next step.
  8. Unfortunately, some here can be quite harsh. Don't take it personally. While some of your posts had a sarcastic tone, everyone (even those with 'moderator' next to their name) needs to remember they were once likely in OP's shoes. I'm all for the 'tough love' approach, but some of you take it too far IMHO. That said, you really do need to either settle or pursue BK. There's really no other alternative. If CH7 isn't an option, Amex will consider hardships. That angle will be much more productive than continuing to try to fight their attorneys. Don't buy the BS of some who claim that declaring BK is essentially stealing from your creditors. The banks make calculated risks when lending money. The cash they rake in on interest, late fees, penalty fees, etc. more than compensates for losses due to defaults. They certainly don't lose any sleep over it; neither should you.
  9. The only way to get leverage on Amex is via arbitration. As you're in FL, that's no longer an option for you. The time to seek out help should have been immediately upon being served, not right before facing judgment. As others have said, your only realistic option is settlement (70-80% is likely your best outcome at this point) or BK. Had you sought out advice when served, you could have settled for 50% over a long-term payment plan without a stipulated judgment (I speak from experience here), or perhaps lower if you have a documented hardship. If you can afford to settle, I'd immediately email the attorney (I assume it's Zwicker) handling the case. Attempting to defeat their MSJ is an exercise in futility. Amex doesn't make mistakes, and their attorneys don't screw up nearly as often as most of the rest do.
  10. There likely has to be a certain amount in controversy for a case to be removed to the regular docket. Either way, moving from SC to the regular docket will likely cost a consumer $300+. Combine those costs with the $250 consumer portion, and it becomes pretty expensive just to get to Arb. For a high balance this may be worth it, but likely not on a typical $2k lawsuit.
  11. What, exactly, constitutes "prohibited activity'? I have not violated any NDA's, if that is what you a referring to. I simply laid my cards on the table, and Midland chose to fold. And yes, I damn well will brag about it. Midland is scum that pays pennies on the dollar and then sues pretty much everyone, in addition to messing with their cr's. I show absolutely no mercy to such vultures. To the other points in this thread...yes, I agree wholeheartedly that one must understand the potential for sanctions, awards of attorneys, etc when planning your attack. If one is suing just for the hell of it, that's generally not a good idea, and I don't advocate such. But by being knowledge about one's right and showing JDB's, collection attorneys, and other such vermin that you are more than willing to enforce them, that usually results in a positive outcome. Really, it applies with just about any company. They all sneak Arb clauses in to their contracts, so any dispute whatsoever and I immediately fire off an Arb claim. A few weeks later, their attorney typically contacts me and gives me what I want. Perhaps not high up there on the ethical scale, but we all know just to what degree these companies are really concerned with doing what's right, anyway.
  12. Should I have just rolled over and paid? Or, better yet, have been forced into a Ch13 plan that would have eaten up every last cent of disposable income I'd have? In the end, it's a business decision. Midland backed down because they knew I'd cost them far more than the pennies on the dollar they spent on my accounts. Just like it was a business decision to default on my cards. Call me a vexatious litigant...that's fine. At least I'm doing something about my credit issues instead of just rolling over to the JDB's and (nearly as evil) BK attorneys. Yes, one must exercise a degree of caution before actually filing suit, and I always do. I've never faced any sort of sanctions motion, nor have I ever had attorneys fees awarded against me. The bottom line is that getting oneself out if a credit mess involves being aggressive. Period. I got myself out of the infamous NAF/MBNA/Wolpoff & Abramson mess years ago by being relentlessly aggressive. I got myself out of a potentially huge Amex judgment by being aggressive. Didn't get a win there, but very decent monthly payments I can manage. Otherwise my wages would have been garnished and there would be a lien on my property. One can 'play nice' and get stomped on. I choose to fight. Between about a dozen credit-related lawsuits and arbitrations, in addition to misc. other companies like my cell phone provider, cable, Samsung (tv warranty dispute), I've yet to have one less than positive outcome. No, I haven't always won, but the end result has been significantly better than had I done nothing. Bottom line is that being aggressive pays (not to mention, it's an adrenaline rush). The Arb card alone is a huge part of that.
  13. My 'angle' was simple: to show that I am an aggressive advocate of my rights and will cost them far more than anything they would ever recover against me. Had they sued, they would have immediately been faced with a MTC and would have also received a summons for FDCPA violations (again, I know that the theory of filing suit after receiving a letter electing arbitration hasn't YET been shown to be a violation, but frankly I don't care). When sending letters like this, I always invite the opposition to check out my name on PACER and my state court's website, as well. The dozen or so cases I've filed against various creditors tends to send a signal. Is this a guarantee of success? Of course it isn't. However, it damn well beats rolling over and filing a Chapter 13BK. I'm fighting $60k+ in charge-offs, and after two years have beaten every creditor except for one, and that was settled quite favorably. Not to mention that I just settled with a CA for various violations, which will be worth about 1/3 of the debt that I wound up settling. In the end, it (usually) isn't about being right. It's about refusing to back down.
  14. It wasn't about whether or not they were in compliance. It was about sending a message--that, if they chose to sue me, they would be in for a battle that would cost them many times the alleged debts. Emailing executives/compliance personnel has been very successful for me--both for getting CRA deletions and getting paid for FDCPA violations. Hell, it's even worked wonders in dealing with issues regarding cell phone service, cable, etc. It's all about being aggressive. Searching for the names of compliance/executive personnel on LinkedIn or other similar sites has worked wonders.
  15. No. Don't pay them a dime. Don't even spend the $5 on certified mail. Midland is lightweight. I beat Midland (also Synchrony accounts) by doing nothing more than sending an email. Sent it to their corporate executives/compliance officer, disputing the debt and demanding arbitration. Also simultaneously disputed with the CRA's. Within a week, had a deletion on all three CRA's and letters from Midland stating they were closing the accounts. PM me if you'd like their contact info.