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Everything posted by BackFromTheDebt

  1. If you are planning to buy a house, there are a few things you should know. 1. If something does not show up on your credit report, it will probably not hurt you when you are house hunting. 2. Some places will put an item on your credit report as soon as you start applying for loans. Which means you can't ignore the stuff in collections. The only bills you specifically mentioned were medical bills. In general, if you call up and arrange a payment plan you can live with, medical debts will stay out of collections if not in collections yet, and if the debt is in collections but not on your credit report, it will stay off your credit report So why not call, and work out some arrangement, perhaps with an auto deduct, in return for keeping the debt off your CRAs?
  2. Having a game plan, including what to do if something goes unexpectedly wrong, is not a bad idea. However, steps such as an appeal are a bit down the road. It is fine to consider the possibility, but pointless to worry too much about it. You will lose enough sleep as it is. Focus on your immediate steps first. Just be careful not to over worry about things that could go wrong, but probably won't.
  3. To answer the other questions: Unless you get an agreement right away, you will need to file in JAMS. Don't wait more than a few weeks. If negotiations are stalled, just file. If you do that the right way, it doesn't hurt you at all. When you file in JAMS, you MUST send a copy of everything to the attorney. Everything. Mail it at first. If the case gets going, you will probably later do everything by email, but that is a few steps in the future. (For one JAMS case, I used an email account that was only for the arbitration correspondence). When you file in JAMS, do NOT pay right away. As @Impress mentioned, some of the agreements have clauses for which they pay the arbitration fees. I had two JAMS filings for which I never paid the fees. In one case, we had a mutual walkaway between the time I filed and when the fees were due. So no fees. In another case, the attorneys stupidly claimed that Cap 1 would pay all the fees. Cap 1 never paid their fees nor mine, so the case was dismissed. Seeing as how this is Midland, the chances are you have pretty much won this case, and you may not need to pay the JAMS fees. If the arbitration agreement says YOU have to pay the fees, and you can't reach a mutual walkaway agreement before the fees are due, then you will have to pay the JAMS fees. They will never pay, and the case will be dismissed from JAMS for non-payment. As for the court docs -- if you have a court order for arbitration, by all means include that with your JAMS filings. Refer to the document in your filings, and include the court order.
  4. Then, it means the judge would be making an error, and going against a ruling by the Supreme Court. If that happens, make sure you are familiar with the appeals process in your state. Unless you want to do preemptive arbitration, which is usually only recommended in certain special situations, such as avoiding small claims exemptions (DOES NOT APPLY HERE) or cases in which you have a good reason to avoid the case every getting to court. For example, I now work in banking, so getting sued would be bad for my career. I have done preemptive arbitration twice, but those were special cases. In one case, the SOL for Delaware had passed, but not for my state. So I went into JAMS saying their contract said to use Delaware law. In the other case, it was my wife's account. I could represent her in arbitration, but not court. She filed in JAMS so I could handle the case for her. If you meet one of these unusual situations, or have some reason to believe that any judge in your county would have a high probability of ignoring a Supreme Court ruling, then file for preemptive arbitration as soon as the case gets to an attorney. Otherwise, the best course of action is to sit back and wait for them to sue.
  5. It appears you have been doing your homework so far. Yes. Arbitration generally works very well with Synchronicity accounts bought up by JDBs. That would be a winning strategy. Your next steps involve some searching in the forum: 1. Look up how to do an MTC 2. Look up how to file an answer with arbitration as an affirmative defense. 3. Look up Ohio cases to see if there is anything special. Afterwards, you will be ready to write and file your response. Best wishes.
  6. Be careful. If I were you, I would search this forum for Florida posts in arbitration. I remember decades ago, my graduate research adviser telling me the easiest research was research in the library. Except now we have the internet, and we can look up previous posts on CIC. Others here have worked out the way to win with arbitration in Florida. Don't try to reinvent the wheel. Just see how they did it, and do it exactly the same way. Florida is very tricky with arbitration. If you do things the wrong way, you can be deemed to have waived your rights. I thought I remembered the Florida posters saying they would answer with an MTC instead of an answer, but I can't swear to it. Don't listen to me. Listen to them.
  7. Stop. You are in Florida. Things are different there. If you file an answer, you waive your right to arbitration. I believe Barclays has an arbitration agreement. I can’t remember is there is a small claims cut out or not. Your homework assignment is to download the Barclays agreement from the CFPB web site and see what the arbitration agreement says. If you can take a JDB to arbitration, you usually win outright.
  8. I was typing an answer, and then @Harry Seaward replied with good advice. The only thing I want to add is that most collection agencies don't report. It is usually the landlord who would or would not report. That being said, it doesn't hurt to ask for a PFD deal. You agree to pay, they agree to not report or delete the report.
  9. How do you fix the mess? You said the debt is legitimate. You said you would've paid it earlier had you known about the debt, and its legitimacy. Is there some reason NOT to just pay the debt now?
  10. In many states he could represent his mother in arbitration, if it gets there. I once represented my wife in arbitration
  11. To the OP: Stop what you are doing now. From what I can gather from other threads in this forum, it appears Barclays has an arbitration clause in the cardholder agreement. You can visit the CFPB web site, and download the Barclay's agreement from that site. From what I have seen, the agreement is very favorable to you. Step 1: Get the Barclay's agreement from the CFPB site Step 2: Do a search on this site, and read up everything you can about arbitration. Step 3: Let us know what you are doing, and what questions you have. Step 4: File the appropriate stuff in court, such as an MTC. You have some homework to do, but there is an excellent chance you can get Barclays to walk away from the debt.
  12. Depends on the commissioner's personality, among other things. If you think he is the type of guy who really wants to learn the law, and would appreciate knowing how the judge ruled in the earlier case, then it could work. If you think he would just get p*ssed off and rule against you, maybe it isn't wise. OTOH, this may be the equivalent of a Hail Mary pass in football. The play rarely works, but when you don't try you lose anyway. If the magistrate seems not to know what you are talking about, take some time to explain the situation, and you can mention the last time you were in the situation the circuit court judge granted your motion. If it p*sses him off, you were going to lose anyway. I would see how things develop during the hearing.
  13. Of course nothing is 100%. And, things have changed tremendously in the decade plus since the time when my debts went under. In fact, the later cases were very different from the early cases. The landscape was changing year to year and sometimes month to month. And, there are always oddball cases. I beat all OCs in arbitration, including AmEx and Discover, the last two due to some flukes that were uncommon back then and are unheard of these days. However, there are ways to deal with cases that work in MOST states. Things may be different in California, Florida, Minnesota, Mississippi, Texas, Wisconsin, etc. Things may be different if there are legitimate counter claims. These are rarer than in the past. There are also a number of weird things that can happen in a case. Trust me, I have seen truly strange things happen. Things may be different if your judge doesn’t act the way one would expect a judge to act. Your strategy may be different if your situation is unusual. Few of us are attorneys. Those who are attorneys don’t know all the details of anyone’s case and can’t give specific advice What we do is show what has or hasn’t worked recently. But any individual case may be different.
  14. Few of us are attorneys. None of us are familiar with the specifics of your case. Based upon what we do know about Florida law, it seems very likely your attorney gave you appropriate advice. I mean, O J Simpson can live nicely off his untouchable NFL retirement income, and he has zillions of dollars of judgments against him Your credit score is messed up for a while. Possibly a very long time, if they get judgments against you. But they can’t touch your money. If you stop paying, you won’t be able to borrow more money. But you won’t need to pay anyone back. If the cards are only in your name, your husband is probably protected. Florida is NOT a community property state.
  15. I did have a case in which Cap 1 ignored arbitration. They never responded; never paid. The case was dismissed from court. Of course, that was in the days when Cap 1 had an arbitration provision in their credit card agreements. Things were different in those days. In those days, the laws in my state were less favorable to JDBs, so every case I ever had was an OC. Cap 1 was the ONLY OC to ignore arbitration. Citi, AmEx and Discover all at least replied. The Citi cards were settled before the fees were paid, as I expected. AmEx and Discover went fairly deep into arbitration before agreeing to settlements. But then, Cap 1 was dealing with an extremely sleazy law firm, Messerli and Kramer, so maybe the law firm just neglected to answer the arbitration case.
  16. Maybe you should file in court, and then file an MTC. The SOL is tolled while the case is in court. That way you are covered.
  17. I have one quick question: Will you be in a situation in the next few years where a bad debt on your credit report will hurt you? Such as buying or refinancing a home? If so, swallow your anger and pay the 40%. It is worth it not to have the ding on your credit report. If not, well, you have a gamble. Chase usually doesn’t sue. You are risking a sure payment of 40% against a possible payment of 100% plus court costs. You can probably settle after getting sued, but probably not as good a settlement. Or, maybe in a few months or years Chase will make a better offer It is up to you as to how much risk you are comfortable with. Trust me, I understand your anger. At this point you have to put it aside and do what is in your best interest. If you can afford the risk of paying 100% plus court costs for an unlikely suit you might be able to settle anyway, wait it out. If not, pay the 40%.
  18. Back in the old days, we didn’t file MTCs. We filed for stays for arbitration. Then we initiated arbitration. Same thing. The plaintiffs who fold for arbitration fold whether arbitration came from a motion to stay or a motion to compel. So go ahead and file in arbitration. In the meantime, reach out to their attorney about a mutual walkway. Often you can get this before any fees are paid.
  19. Having dealt with this law firm and this OC, I doubt they would even consider a deletion of trade lines. I have an NDA, so I cannot tell anyone how my case went. I cannot say if that law firm tends to run away from FDCPA cases, although I heard that rumor elsewhere before dealing with them.
  20. Sometimes you can get an extension due to extenuating circumstances. Your wife having major surgery may be such a circumstance, assuming this was in the time period since they sent the discovery request.
  21. Many attorneys still don’t know much about arbitration. It is not what they do. Attorneys are geared towards courts and settlements. Whether you can use arbitration depends on several factors. 1. Is there an arbitration agreement. If no, then you can’t arbitrate. Skip the rest. 2. If you are in small claims court and there is a carve out for small claims, you can’t arbitrate. Skip the rest. 3. If you are in Florida, you must send in an MTC instead of an answer for arbitration. If you already answered without an MTC you probably can’t arbitrate 4. In other states you are can arbitrate. You need to post your information. Specifically, who is the OC what State is this? what type of court? the approximate amount? You can find the credit card agreement online at the CFPB web site.
  22. It appears that the arbitration agreement limits them in small claims cases, but not you. It is confusing. It doesn’t matter, since your amount is rather large. Put in a simple sentence along the lines of: ”I hereby invoke my right under the arbitration agreement to have all disputes decided in JAMS”. It doesn’t have to be elegant. This is an excellent arbitration agreement. It forces them to pay your arbitration fees. It is possible that merely electing JAMS in the DV letter will scare them away. Don’t count on it, but that has happened to some of us occasionally.
  23. Nobody has a clue what Chase will do in the future. Banks, like any big companies, have their policies. Someone high up in the company makes a policy. Everyone below has to follow it. Policies can change 180 degrees for no rational reason. Or not. Think of this as a gamble, or as insurance. If you pay the $700, less than 10% of what you owe, you are buying insurance against Chase changing their policy while the account is within SOL. If you don’t pay the money, you are gambling $8000 to avoid paying $700. Can you afford the $700? If so, it may be worth the $700 to get this debt cleared. Note that at some point you will have to pay taxes on either the $7300 saved or the full $8000, unless you are insolvent at the time the debt is excused. If you are insolvent now, but might not be insolvent in a few years, the tax savings by paying now could be worth more to you than $700.
  24. As shown above, we cannot help with Canadian laws. We don't know what the effects of BK would be in Canada. Here in the US it is possible to recover from BK; to even have multiple BK and still be elected president. I have no idea what it is like in Canada. In the US, at some point a BK will be off your credit rating, and it will be as if you never had a BK. Perhaps you should find someone in the legal profession in your area who specializes in BK, and have a consultation. Many attorneys will give either a free first consultation, or else a low-fee consultation, at least in the US. The only problem is the old adage that to a hammer every problem looks like a nail. An attorney specializing in BK might push you to BK even if that is not your best option. Here in the US, many employers have a system whereby the employees can chat on the phone for free with an expert in their field. Sometimes some banks or credit unions have access to free or low cost financial consultants. You might want to explore that option as well. It would be helpful to get more than one opinion. Some of the people you talk with may have a bias either for or against BK. Getting multiple sides of the story will help you formulate your best strategy. And that is what we advocate here. We advocate that each person come up with the strategy that is best for that particular individual.
  25. JAMS can only be used if that is in the contract / credit agreement. There are 4 main categories of arbitration agreements. You need to find out which one your account is in, 1. Accounts with no arbitration agreement. If that is the case, you have no chance whatsoever of arbitration in JAMS or anywhere else. 2. Accounts with an arbitration agreement, but the agreement doesn't apply to small claims. Your amount is large enough this won't apply to you. 3. Accounts with an arbitration agreement, but does not use JAMS. Most will use AAA instead. Examples are phone carriers, etc. 4. Accounts with an arbitration agreement which includes JAMS. These are the best. #2 does not apply to you. If your account is in case 4, use JAMS. If your account is in case 3, use AAA If your account is in case 1, then you need another plan. Your homework assignment is to find out which category your account is in. If this is a credit card, the agreement will be in the CFPB web site. In any case, you need to know in order to work out a strategy. Some agreements require you to notify them 30 days ahead of any plans to arbitrate. Others do not. You need to know. If they send you a letter before you have your answer, then for your DV reply, add "if there is any arbitration agreement in the underlying contract, I hereby invoke my rights under the arbitration agreement, and demand that any disputes in this account be arbitrated", or something like that. It can't hurt you to put that in there, and it may or may not be proper notice that you intend to arbitrate.