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Everything posted by upcycleliving

  1. There is no action called “collusion” Yeah in those contracts. But there are many arbitration companies out there. Why do you think they chose Jams and AAA over the other arbitration companies? It's because they shop around and those companies offer them the best deal.
  2. Again this is ridiculous. I guarantee you that the judge who handled my case had never seen a motion to compel arbitration in a JDB case. I've gone through thousands of cases in my county filed by Midland, Calvary, LNVN, PRA and I couldn't find a single case where somebody filed a MTC and only found 2 cases out of thousands where the JDB threw in the towel. Almost every case that didn't get settled was either a default judgment, consent judgment, or motion for summary judgment.
  3. Where does it say it's illegal for the banks to have contracts with Jams or AAA for a break on fees?
  4. I had this happen to me about a month ago on a supposed Wells Fargo debt from 2009. It is possible that this is a legit debt as I did have a Wells Fargo account and I never closed it so it would not surprise me if they started hammering me with monthly fees and penalties when the balance started going negative. The recording is found below. Interestingly they weren't calling me, they were calling my parents and telling them that this message was for me. I went over my mom's house got a recording of the voicemail and called them up (I wish I recorded the phone call). It was interesting when I called back first said they filed a lawsuit against me and when I asked them what the case # of the lawsuit was they said "We are in the pre-litigation stage". Well if we are in the pre litigation stage there's nothing to serve. I then mentioned that the statute of limitations had expired and the lady responded "okay Mr. Google Lawyer! and you know what restarts the statute of limitations". She eventually hung up on me and I never heard from them again. I was very rude to these people which my mom dissaproved of. They have not called my mom back. When I call the number back it says "Hi you have reached our company, we are not available right now". I would think if it was a reputable company they'd gave you their name. For instance I called the JDB lawfirm that sued me and they had a professional sounding menu when I called the number and didn't hide the name of their company. One other thing. It was clear that these were people were trying to collect on the "debt" however when I asked who they were they said we are "alternate dispute resolution", which my guess is they do that to try to avoid getting slapped with FDCPA violations by claiming they are not the debt collector, although I don't know how they could get away with denying that they were trying to collect a debt. processerverthreat.mp3
  5. A guy I talk to who is a consumer protection attorney that has tried cases in arbitration told me that the big companies have long term contracts with the arbitration companies where they negotiate a rate.
  6. The reason Citibank, AMEX, and Cap1 follow you into arbitration is that they have deals to get heavy discounts on arbitration fees.
  7. The details of my case are really not relevant at this point. I just want to know if I'm likely to still get letters and/or calls about this debt. I had Wells Fargo calling my parents (not sure why they call my parents and not me) and scaring the hell out of them that they were going to sue me over a negative Wells Fargo balance from 2008. I don't like it but I can live with this debt staying on my credit report for two more years. Surprised they waited this long to sue me.
  8. Dude why don't you post the county that this is in and case # so we can try to look up online what's going on.
  9. If I was planning on bailing on a credit card this would have been the last credit card I would have selected. It had up to 24 months no interest as long as I made the minimum payments. All of my other credit cards which didn’t have this perk remained in good standing while this was going on.
  10. You don't know the story behind what happened so you shouldn't make assumptions. I have many other credit cards that I am in good standing with and have good credit, and drive a nice car. I didn't turn my back on Synchrony, Synchrony turned their back on me and these are the consequences.
  11. Most debts I see in here are from like 2016 or newer. I have no idea why they waited 5 years to sell my debt and file this lawsuit. Maybe because I have good credit they thought I would eventually come around and pay. If they would have treated me like a valued customer instead of sending me nasty letters this never would have happened and I'd still have my Amazon card, but these guys were total assholes. I wonder if they will sell this debt and in like 3 years I get one of those letters trying to collect for 20 cents on the dollar telling me about the statute of limitations that I've saw somebody got from American Express.
  12. Also will I still get letters and calls from Calvary? Will Calvary sell this debt to another JDB?
  13. I wanted a dismissal with prejuice. The debt is from 2013 so I guess I will have to wait 2 years for this to be eliminated from my credit report. Question. Since this debt was sold to Calvary like 6 months ago, does this show up as a recent debt or an old debt? I've never understood this. I always thought that the older the debt the less harm it does to your credit report, however if the debt gets sold it's a "new debt"?
  14. So I just logged into the court website and it shows the case was dismissed. Was kind of looking forward to showing up in front of the judge.
  15. How many times do I have to tell you. It’s not a blip on their radar.
  16. Somebody posted here that the scam is that they get $39 and then they get a $511 tax deduction when the debt is totally made up. If this is a scam and the debt is fake you wouldn’t get a 1099 because the $39 is all profit and the “collection agency” has $0 invested in this debt, I’m guessing the 1099 reference is there to make this letter appear to be legitimate. By mentioning a government agency it makes them more credible.
  17. Wouldn't the $600 have already been deducted because the account was charged off?
  18. That would be a good idea. You are sooo lucky you had this granted without having to attend a hearing .
  19. Looks like the judge has now approved the magistrates decision and given the OP until April 23rd to commence the arbitration.
  20. You would need to find a 2nd quarter of 2016 agreement as that was when you made your last payment.
  21. Sorry guys I'm getting antsy. Should I waive the service of the summons?
  22. I did file the MTC and answer with the court and for a fee the court sends that stuff to the plaintiffs attorney so plaintiff's attorney already got that stuff.
  23. So they sent the summons and complaint to my parents address but with my name. My mom says she never had to sign for anything which is weird because the letter is certified with a tracking #. The court docket has the same tracking # that’s on the certified mail envelope but when I check the tracking all it says is “delayed in transit”, which is weird because my mom made arrangements to give me the complaint. I wonder if they are going to have to serve me again haha
  24. Judge granted the MTC on March 23rd, on March 29th these people file a certificate of service with the court saying they mailed a copy of the request for admissions to OP
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