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mrb0x

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Posts posted by mrb0x

  1. Secured credit card is the way to go. As the other posters have mentioned, Credit One is usually where most people start.

    I would also recommend going to your bank and inquire about a secured credit card from them. They will require a deposit (minimum would be $300, max probably like $5000) and should provide a secured credit card. The good thing about this is that if you are never late and are good with the card, they will return the security deposit to you within a certain timeframe, most likely a year. The cons about the secured cards are that there are annual fees, but after a year, you should have established some credit to open an unsecured card.

    Some major banks that offer this would be Bank of America, Discover, Citi, US Bank and Wells Fargo. Chase does not offer a secured card to my knowledge.

    Another way is to perhaps looking to open a store card as well. 

     

     

  2. Are you able to get your credit card agreement? Which Citi card is it? In the agreement it should have an arbitration clause in there.

    However, to answer your question about responding to suit, it is 20 calendar days in Arizona from the day you received your summons, so depends on what day you were served.

    If you only have a couple days, you need to file an answer to the summons so you don't get a default judgement. File this and then look for the credit card agreement if you can to see if there is an arbitration clause. If there is, I'm sure the good people here can be of more help.

  3. 9 hours ago, RockyRoad said:

    And that would be the "Universal Data Form"?

    Yes, in the agreement it should state that they would send the CRA a "udf" or universal data form, unless it is stated differently in your agreement.

    This form is more along the lines of proof that they requested it to be deleted. If they didn't request it, then you can sue for breach of contract. 

  4. So I just recently settled and won with a JDB, with the help of the wonderful folks here! Thank you again.

    My question has to do with the part of the settlement agreement where it was agreed that a deletion of the tradeline and reporting to the CRAs would happen. 

    It states they will file a udf, "universal data form", and such but also states they cannot guarantee, warrant, or take responsibility for the performance of the CBs with respect to changing, deleting, suppressing regarding myself and the account. Any action, omission and/or error by the CBs shall not be attributable to JDB and shall not constitute breach of this agreement. It goes on saying it can take up to 120 days to be completed, etc.

    So my question is, if CRAs do not delete it, can I dispute it in anyway to have it removed?

    I hate seeing a collection account on my reports and only hope removal of it will bump my score up a bit. I have also requested from the JDB the proof that the form was submitted, so I will have that in my possession.

    Thanks in advance!

  5. 2 hours ago, Goody_Ouchless said:

    Sorry, I got here late. I probably would have added language to the effect that this was nuisance payment and NOT a debt settlement. If you get a 1099, come back and we can deal with that. Congrats!

     

    Thank you @Goody_Ouchless. I'll make sure to update if I do receive a 1099. Although not stated in the agreement, I do have an email from attorney that states they agree to accept my offer to settle this matter in full, dismiss case xxx, and dismiss arb. Doesn't this mean it will be considered as settled in full? 

     

  6. Don't forget that you filed a motion, so the court will want to see proof that you took the steps to file with JAMS. Make sure you keep all the documents you receive from JAMS so you can show to the judge next time you are in court (I'm not 100% sure if you have another court date assigned or not).

    However, next step is to wait, and you'll receive an invoice from JAMS to pay the $250 if you haven't done so already. I assume that the attorneys will be reaching out to you soon with an offer to settle.

    In my case the attorneys took about a week to respond with an acceptance of my initial settlement offer which they rejected the first time around. However, with the JAMS beginning to roll and invoice from JAMS sent out, I rejected that offer and countered again with a lower offer and we reached a settlement agreement. Cannot say this is how it will turn out for you, but you are going the right direction! Keep it up!

     

  7. Have you asked Pacific Power if they can accept payment? Call them and ask. If they say they sold off the debt, then the collection agency owns the debt and any payment to it they get to keep and nothing goes back to Pacific Power.

    If you check your credit report it should list the accounts that are in collection with the information. Sign up for Credit Karma or Credit Sesame as its free and it should have them listed.

  8. 9 hours ago, fisthardcheese said:

    I would not worry about who signs first.  The standard procedure is to sign this if you agree with it and return it to them.  They are not going to like you complicating it with pettiness over "signing first".  This is a solid offer of settlement and it's not like they are going to play a "gotchya" game and change it after you sign it.  And even if they did, you still have the court available to enforce the settlement as written if needed (which is very rare, and I've never seen it needed on this site even with the worst of the worst JDB attorneys).

    Just sign it and return it.

    Haha, I guess you're right. I signed it and sent it over.

    Again, thank you for the advice and guidance!

  9. 8 hours ago, fisthardcheese said:

    Did you not send an offer of mutual release when you filed JAMS?  Maybe I mistook your $500 offer for that.  Well, it is up to you how you want to proceed.  To me, they rejected your offer when they instead filed suit and now that you filed in JAMS I would say things have significantly changed since that initial offer.  Just as an aside, it is always wise to include an expiration date with ANY settlement offer (for anyone else reading). I always let them know my offer expires in X number of days.

    If this were me, I would counter and explain that now that they have filed suit and I have counter claimed in JAMS, the previous offer is expired and if they wish to settle you will be happy to mutually dismiss all claims with prejudice.  Otherwise, you are free to accept their offer and be done with it, but I would at least ask that the $500 come with a dismissal WITH prejudice of their court case.

    If this settles before you pay the $250 to JAMS, then you only need to send an email to JAMS stating that you withdraw the filing (since it's not officially filed until the payment is made).

    Great! Yes, I countered with the same, I'm sure they won't accept a $0 offer, so I cut my initial offer down to $250, with a mutual dismissal with prejudice and deletion of the tradeline.

    They have accepted the offer! I've attached it here, with some info redacted. Could you review and let me know if things need to be taken out or added?

    I'm assuming #4 is what you explained about it being dismissed with prejudice.

    Really appreciate it!

    They haven't dated or signed yet, should I have them sign and date first and then tell them I accept?

     

    Thank you

     

    settlement agreement and release.pdf

  10. I've read if the complaint is verified, it is usually accompanied by another page that states the complaint is verified and is signed by the plaintiff.

    A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance. In many jurisdictions, a complaint does not need to be verified unless a rule or statute specifically states otherwise.
    Typically a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that:
    • The plaintiff has reviewed the complaint.
    • Regarding the allegations of which the plaintiff has personal knowledge, the plaintiff knows or believes them to be true.
    • Regarding the allegations of which the plaintiff does not have personal knowledge, the plaintiff believes them to be true based on specified information, documents, or both.
  11. 57 minutes ago, procrastin8or said:

    Thanks @mrb0x & @fisthardcheese, I found a copy of an agreement with the arbitration clause from 2014 however it isn't from Ashley Furniture, would it still be okay to include it in my answer? I also can't figure out if filing a general denial is okay with filing a MTC.  @fisthardcheese Seems to indicate that filing a more detailed answer would be better but I'm not exactly sure what to say and I've been researching for hours. Thanks again everyone. 

    I tried looking for an Ashley Furniture agreement but could not find it either. I'm unsure if the one you found for 2014 would work.

    It looks as if you can log in and request one from the Synchrony site if you plug in your info.

    https://www.mysynchrony.com/mysyf/account-features/cardholder-agreements.html?intcmp=na-homenetwork_cardholder-footer-cardholderagreements-internal&resolvetemplatefordevice=true

    Looks as if they may have changed the card to a Synchrony Home card that works at different furniture stores? 

  12. @Pericles @fisthardcheese

    This is suprising. As I sent my reply to the JAMS Manager regarding the email and settlement offer, the attorneys have actually emailed me back stating that the settlement offer they sent was incorrect, and rather that they have accepted my original offer. 

    I sent this offer on 05/01/18 for $500 (with removal of tradeline) of the $1900 debt. They originally rejected and filed suit.

    I'm quite satisfied of the outcome of everything, however I feel that I now have leverage over them and would be even able to settle for a lesser amount, including the removal of tradeline and would state that since they rejected my original offer that it is not on the table anymore.

    Do you guys think this is feasible? 

    I'm really suprised at the outcome of this and am feeling empowered now that I have this leverage. Haha.

  13. 12 minutes ago, Pericles said:

     

    I may have misunderstood your prior post.  You state that the percentage offer in the settlement agreement (attached to today's email) has a totally different amount than the settlement agreement that they previously sent you.

    Is the percentage value in the settlement agreement (attached to today's email) higher or lower?  Is it drastically unlike any offer they've made to you before?

    Hi Pericles,

    They have not made any offer before this one to me at all. From the very beginning of this, before they filed suit, I reached out to them with a settlement offer (roughly 25% of debt, 75% discount) myself to just get it out of the way, in which they rejected. They then filed suit, and now we're here. They sent me an offer to pay 80% of debt, which is 20% discount. 

    Thank you

    *Edit* I have now just received an invoice from JAMS, asking for the $250 filing fee. and also stating the lawyers pay $1250. lol

  14. 14 minutes ago, Pericles said:

     

    Well, is it your understanding of the status of the matter?

    Did you have any communication with the attorney between the time you received the letter over the weekend and the time that you 'just received' the email CC?  From your description, it seems that there was no time in the last 72 hours in which you confirmed or rejected the offer contained in the letter that you received over the weekend.

    If you want to accept the 20% offer, then do it.  If you want to make a counteroffer, then do that.

    As far as responding to JAMS, if it were me, I'd respond that I had only just received the offer referenced in the CC email, and haven't had sufficient opportunity to confirm or reject it. And that the respondent's attorney is misrepresenting to JAMS any acceptance of that offer.  Then send a separate email to the attorney (not CC'd to JAMS) asking what gives with his representation that you accepted the offer (if you didn't accept it).  Then take the opportunity to make a counteroffer, should you so desire.

    If seems that respondent's attorney is itching to close this one out.  Ending it now will save you any further trouble of finishing your court motions and making sure they are granted.

    If the offer is in the few hundred range, then it shouldn't take much negotiation to get it to the zero range.  They could balk, and then you'd have to be sure to be diligent in court.  The risk and the decision is yours.  You're at least in the best state to continue a consumer arbitration in JAMS.

    Thank you for the reply! You are correct, no contact was ever made between myself and the attorney, and I was baffled that they had stated that as well, so I wanted to confirm and have some assurance they weren't pulling a fast one on me.

    The offer is not in the hundreds, so looks like I will need to push a little bit more. I will take your advice and reply back to JAMS and the attorney to send a counter offer again.

    Really appreciate it! 

     

     

     

  15. Another update.

    I just received an emails from attorney who contacted JAMS and has me CC'd.

    Their email states that it their understanding that the matter has settled. They attached a settlement agreement which was sent in response to a settlement offer received from me (previously rejected). The agreement they sent me states a totally different amount (20%). They state that it will close with a signed agreement from me and payment as detailed.

    It also states if it is not my understanding of the status of this matter that I should contact them.

    Any advice or what to do now? 

    Thanks

     

  16. 49 minutes ago, procrastin8or said:

    Thanks again @fisthardcheese . I found this one from their website but there's no date https://www.synchronybankterms.com/pdf/184-017-00.pdf , should be fine?  As long as I file with the court by 06/06/18 (served 05/07/18) I will be okay right? Even if I go the arbitration route? 

     

     

    You must file an answer with the court regardless and then file a motion to compel for arbitration if you go that route. I'm in similar situation with same jdb and lawyer but different oc. 

    I haven't filed my answer and mtc yet, but have already started the arb process.

    @fisthardcheese has an excellent write up on the arb process and it's fairly easy, but the main and first thing is to file your answer as you don't have much time left. I believe you can file your MTC along with your general denial and then begin the arb paperwork.

     

  17. @fisthardcheese I just wanted to thank you for all your help, you've been great and I really do appreciate it.

    I will be finalizing my general denial and MTC and will post for review.

    I did receive a letter over the weekend from the attorney trying to settle for a measly 20%. The offer is no where near what I'd like, do you think this is an attempt to get out of arb knowing they won't be able to pursue?

    *Edit* I received a missed call from the attorney, should I discuss anything with them on the phone?

    Thank you!

  18. So I'm still waiting to file my answer and MTC, and if I'm correct I have until June 19th to do so as I was served on the 20th of May. 

     I've received a copy of the Consumer Arbitration Notice today as shown below.

    image.png.6613964d45dc19b711c387a54881f322.png

    I still haven't made payment yet, but will do so when they ask (as it specifically states consumer needs to pay $250 since I initiated it) and after MTC is granted.

    Should I notify JAMS that the case is still pending MTC or wait until they ask for payment?

    I'm assuming this is good progress and I should file a copy of this notice with the MTC as well. Correct?

    Thanks for all your help.

     

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