BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. You need to do a little homework. There are many threads on this forum from people who have been in the the same situation. Synchron account, PRA, Rausch law firm. There is a way to win. @fisthardcheese put together a nice arbitration thread. There may be specifics for dealing with Texas. I would recommend doing a search on arbitration, and learning the basic techniques. Look at the specific Texas threads as well. @texasrocker may have some specific detail about Texas courts. Long story short: you can beat this with arbitration, but you have to do your homework to execute your plan. Good luck!
  2. Credit card agreements can be found on the CFPB web site. If this is a non-CC loan, I don't know the answer.
  3. Each case is unique. Your case is an outlier, so not much to compare it to. My Crap1 case had some similarities. The judge threw out their affidavit And statements, because in my state the law required personal knowledge of the account. The affiant was a “litigation specialist “ or something; not someone who dealt with the accounts on a daily basis. Things were different going forwards. The judge granted my arbitration motion. Back then, the state had a law that the judge could review the arbitration results to make sure they followed state law. This was before the ATT Concepcion case. In a nutshell, Crap1 bailed. They simply walked away from the case. Two differences between the cases: 1. Arbitration was in effect back then, under laws very favorable for me, since the case would be reviewed by that same judge. 2. I had some legitimate counter claims. Crap1 used some bottom feeder debt collectors back then who racked up tons of violations. Several debt collectors, all terrible. Maybe they didn’t want to explain that in arbitration or front of a very pro-consumer judge. I can’t read their minds So, what will happen in your case? I don’t know. Maybe Crap1 will suddenly lose interest in the case. Maybe not. The cases are similar enough it is a possibility, but different enough that you can’t extrapolate from one outlier to another outlier in a different state with a different contract years later. One possibility is to lay low, but prepare. Prepare any discovery, but don’t send it in yet. Wait and see if Crap1 is planning to pursue the case, or walk away from it.
  4. Does Citi allow arbitration for small claims? Is this in small claims?
  5. I assume you also sent a copy of everything to the opposing attorney. In addition, make sure you have copies of everything for the court. You will probably have to send copies of the JAMS initiation, and certainly the JAMS acceptance letter, to the court to prove you complied with the MTC. Good luck!
  6. Smart of you to plan ahead. Yes, the DV is your first option. These days debt collectors almost always validate. In the old days I was able to walk away from debts when they didn’t validate. That situation is rare now, but is not impossible. We can’t tell you if arbitration is your best option. I am personally not familiar with the credit one arbitration agreement; whether it can be used in small claims, etc. Others may know. I personally always put a clause in my DV letter that I was invoking the arbitration agreement. Some disagree, but sometimes it worked in my favor. Another strategy is to negotiate a settlement. Realize that arbitration will take some time and money. For that small an amount it may be better for you to negotiate a settlement you can afford. The extra money you pay above what you would pay for arbitration may or may not be worth it to you to avoid the hassles of arbitration. A good time to negotiate a settlement is between the time you receive validation and when they file in court. If you send a DV letter at the end of January, they will usually respond some time in February. It is very common for people to use their tax refunds to pay settlements. If you have to contact them before you receive your refund, make it clear that you will pay the negotiated amount as soon as you receive your refund. In the final analysis, you need to find a solution that works for you.
  7. I was going to reply to this thread, then I saw @nobk4me already said everything, probably better than I would've said it. This is a subtle hint that you got some very good advice.
  8. I am a bit confused. Normally, a motion to vacate is a motion to set aside a judgment already made. I am not sure what judgment they are trying to vacate. One bit of advice: if you want arbitration, file a MTC. Don't complain that they didn't send an agreement with the suit. Download a Barclay's agreement, with the arbitration provision, and make them prove that the real agreement doesn't have an arbitration provision. It appears you are saying maybe there is and maybe there isn't an arbitration provision, who knows, but it would be cool to have arbitration. Take the initiative. Force arbitration down their throats. Most likely they will walk.
  9. You are setting yourself up for a loss. Look at my advice from my first response. You need to invoke your arbitration agreement rights.
  10. Did you file any motions for arbitration? If not, you may be shooting yourself in the foot. If yes, then put the request for judgement as being wanting arbitration.
  11. There are usually a few windows during which a settlement is much more likely. Between the time when you initiate arbitration and when they have to pay the first big fee. Between the time when they get the bill for the upcoming hearing and when they have to pay the really big fee. Repeat if there is an appeal. I have personally settled a few accounts during those two windows. That is when your leverage is highest. Right now, as pointed out by @WhoCares1000, you don't have the leverage you will have once arbitration is initiated. And leave out the word "costly". They might rant and rave about how you are trying to make they pay a lot of money. They know they are paying a lot of money.
  12. One thing you need to consider: Is he “judgment proof”? There really is no such thing as judgment proof, but there are some people from whom a judgment cannot be legally collected, such as only income from disability or SS. The laws vary state to state. You need to find out the laws in your state. If one is “judgment proof”, then one has much greater leverage in settlement negotiations. As in, take this or you get absolutely nothing. Realize some creditors would rather have an uncollectable judgment on the record than a small settlement. If he is judgment proof, he will have to live with a judgment on his record if negotiations fail.
  13. I hope you have retained an attorney. If not, you are almost certainly in over your head and will lose your home. There used to be a fellow from Milwaukee who posted on this forum. He had a very dicey foreclosure situation. He got an excellent attorney and won the case.
  14. I am currently working in the banking industry. They send everyone working for them a certain number of scam emails to make sure we report the scams, and don't fall for them. Here are a FEW of the red flags, in addition to what was pointed out earlier: Incorrect spelling and/or grammar. The letter does not look like it was written by someone who has enough knowledge of English to pass the bar. A sense of urgency -- Note that the "offer" is only good TODAY and today only. If an offer is that urgent, it is almost always a scam. Dire consequences if you don't act NOW -- The threat of court action, arrest, notification of employer, etc. are all Bad Things that will happen if you don't act NOW. This ties in with the sense of urgency. The dire consequences make the urgency even more urgent. Unknown source -- while many real dunning notices will be from an unknown source, the rule is: almost every email scam is from an unknown source. Note that any real collection agency will also send a letter. They might call first, or even email first, but they are required by law to send a letter. @Clydesmom pointed out some highly illegal things in the letter, such as threats of arrest or notification of employers or "references". If you know those are illegal, you know this is a scam. In addition, the lack of the proper "mini miranda" under the FDCPA lets you know this is not a legitimate organization. Same with the lack of the 30 days to DV. A cardinal rule is: If there is a threat of arrest on a debt, it is a scam. That ties in with the urgency.
  15. Nothing surprises me anymore. The accounts my wife and I had wound up with so many complete oddball stuff that ALMOST never happens. Reading this forum and the defunct DB forum I saw stuff that was truly mind boggling. But it all happened. Your case is unusual, but nowhere close to the strangest. Not by a long shot.
  16. If you want to fight it, you are in luck. There is a great. Arbitration clause. Your homework for the next few days is to : 1. Read up on the arbitration thread linked to in the template. 2. Search for arbitration cases in Texas, since the courts are a little different.
  17. They probably won’t. Realize there are no guarantees.
  18. They could file again. They might file again. They more likely than not won’t. But you can’t be sure until the SOL has passed.
  19. You need to dispute it in some way to fight the law suit. A lawsuit is almost always too late to file a DV letter, but the dispute could be in the form of a denial, At this point, you have several options. 1. Work out a settlement between now and when the answer is due. If you have enough money, and you don't want to spend the time to fight this, a settlement might be the best answer. 2. If you are completely destitute, disabled, etc. -- in other words, a real hardship case -- I think Midland has a hardship program some people have used. If you can show a real hardship, they have been known to just drop the lawsuit. 3. You can fight this, and probably win. Look up the arbitration section, and look at some of @fisthardcheese's posts on arbitration. There are many people who have used arbitration to completely beat Midland/Sychronicity lawsuits.
  20. The best thing you can do to boost your credit score is to wait until the derogatory remarks are off in a couple of years, and make sure you pay your bills on time between now and then. Any accounts you have open, keep open. Length of your credit history matters. When your credit score gradually improves, ask for higher limits on your cards, so your usage won’t be too high. When your credit is much better, apply for higher limit cards. Make only a few payments on each card every month and pay the amount in full. I was able to slowly get my credit score from the mid 400s to the mid-high 700s over time.
  21. 1. Do you have any records of the payments you made before the loan was sold? This is important. For example, I used to have a mortgage with BMO Harris, and at one point they claimed I hadn't made a payment. Fortunately, I had made that payment at the bank, and saved the receipt. My current bank says the canceled check is the receipt. So, if you go to the bank for which you have a checking account, and you can prove they made a mistake, send them the evidence right away. 2. I feel bad for you not being able to get anyone on the phone. I would suggest sending everything by mail. Make copies, and send everything CMRRR. 3. Strongly consider contacting the CFPB and banking regulators. You also may wind up having to retain an attorney. There is a former poster from this forum who wound up fighting a foreclosure by showing wrongdoing by the bank. As in, the bank pretty much wound up walking away from the mortgage. I am currently contracting for a different bank. I know from experience that banks do NOT want to be on the bad side of federal regulators. I cannot give details, but when regulators get involved, the banks pretty much HAVE to make things right, no matter what the cost is to the bank. As is, I've seen banks eat millions or even over 100 million to fix issues which effect multiple parties.
  22. To the OP: This is a Sychronicty account. The JDB bought all the rights and obligations of the original debt and the original contract. You retain all your rights and obligations. One of your rights is the right to arbitration. Synchronicity has an arbitration agreement which is fantastic to you. Meaning, if you get them into arbitration you will almost certainly win, because almost no JDB wants to spend zillions of dollars to collect the debt. They go for the low hanging fruit. Do a search on this site for arbitration, especially for Sychronicity accounts.