• Content Count

  • Joined

  • Last visited

Community Reputation

5 Neutral

About Vinsey

  • Rank

Profile Fields

  • Location

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Yeah I definitely would have preferred with prejudice but I know more now so next time around I can handle it better. Yes, it's a completely different form, something they wrote up and sent to me. They didn't say that they also sent something to the court for dismissal so I am calling the court clerk tomorrow to ask the questions and get a clear answer. I would hate to be stupid at this stage of the game and let them swindle me by sending me this and tricking me into not showing up for our next court date and then they show up and ask for a default judgment.
  2. Hey all, it's been a hot minute but I've finally received a response. PRA mailed me a Voluntary Order of Nonsuit to dismiss without prejudice. It isn't signed by a Judge yet and I still need to confirm my court date is scheduled for next month, but I wanted to update my case and hopefully help anyone else in my neck of the woods.
  3. This confirms my suspicions which makes me sick, but I chalk it up to being part of my learning experience. Shoulda coulda woulda as they say. I'm most likely going to have to do this all over again for two other debts that are coming around to get me before their SOL, so I'll be even better and wiser next time!
  4. No he didn't. It looked as though he was conferring with the clerk about needing an order to continue arbitration. Hindsight is 20/20 but I feel like I myself should have gone up and talked to the clerk and asked to have it seen by the judge. Let's hope I get some respondence in the mail soon saying they dismiss. Or rather they sign the form and I get my MTC granted leading to mutual dismissal being required lol.
  5. Damn. I already sent the letter to them immediately after my hearing, but that wording would have been great. I should be getting their response within the next couple of days.
  6. Really? What should I have done instead? It was my understanding that this was the proper course of action and the judge wasn't going to see me at that point.
  7. So my Motion hearing was scheduled half an hour after my regular hearing, so when the attorney repping PRA was going through the 15 or so people on his list out in the hall he got to me and I told him about my pending MTC and he was like okay well I'll meet you in there. Back in the court room I was called for my motion and sent back out to talk to him AGAIN. A little annoying because the only the thing the judge is doing is calling names, I kind of figured I would get called and go up and state my case for my MTC and it would either be granted or not. I went out and talked to the attorney and he told me that its a "Chicken or the egg" situation where I have to file for arbitration with AAA first. I told him "I have filled out forms for filing for arbitration with AAA right here with me ready to file, I am only waiting for the judge to grant the motion." He then proceeded to go talk to the clerk in the courtroom for a minute and then came back to me and said that they don't oppose arbitration so I have to make an order for arbitration and send it to them and they will sign it and send it back to me for me to turn in to the court to be signed by the judge, and in the mean time my court date was reset for May 6th. He also told me that PRA may at any time elect to dismiss the case. I made an order for arbitration and sent it certified mail to the attorneys office so we will see. Court didn't quite go how I had planned it in my head but I don't see it as a loss or anything, just a weird day.
  8. That sounds like a fun thing to do lol. So my court date is tomorrow and I have everything gathered together in a folder including the AAA forms to show I'm serious. Lets cross our fingers and hope they just want to dismiss tomorrow and not drag it on. I went to a day of court just to observe how this particular court works and it seems the judge just calls the names and sends them outside to try and settle before they reach her. It was really sad watching so many people not there when called and the attorneys just standing there with a big list asking for default judgement against every single one of them. I am so glad I reached out to you all back when I got served. On another note I received a letter from PRA trying to collect on a separate debt just yesterday. I'm waiting to see how this one pans out to see what im going to do with the new one.
  9. My apologies for the late response - I've been having difficulty positing via the mobile version. Yes, this is the first letter I've received from Weber (formally Fenton Law Firm.) I've recieved a couple of these letters from Portfolio Recovery in the past and did dispute them, but that was before I was sued. The dollar amount is the exact same. The only contact with Weber I've had prior to this letter is when I spoke to one of their associates per a local attorney's advice after my consultation with them (stupid move but nothing damaging was said on my part). That's how I found out Fenton Law Firm (PRA's attorney) changed their name to Weber at the beginning of last month.
  10. I figured as much, but i couldn't help but check with you guys to make sure.
  11. WEBER & OLCESE PLC 2700 Stanley Gault Parkway, Suite 130 Louisville, Kentucky 40223 Phone: XXX-XXX-XXXX Toll Free: XXX-XXX-XXXX Fax: XXX-XXX-XXXX February 18, 2019 Vinsey Address Dear Vinsey: Please be advised that Weber & Olcese PLC has been retained by Portfolio Recover Associates, LLC, the current creditor, to collect its account with you. Your balance, as of the date of this letter, is $2,948.88 ORIGINAL CREDITOR: Barclays Bank Delaware ACCOUNT NUMBER: Ending in XXXX CURRENT BALANCE DUE: $2,948.88 OUR FILE NUMBER: 18Y28XXXX Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office may assume this debt is valid. If you notify this office in writing within 39 days of receiving this notice that you disputed the validity of this debt or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgement and mail you a copy such judgement or verification. if you provide a written request within 30 days of receiving this notice, this office will provide you with the name of and address of the original creditor, if different from the current creditor. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Sincerely, Non-Attorney Account Administrator for Weber & Olcese PLC Online Payment Available: xxxxxxx-xxxxxx.frm
  12. Hi all, on February 20 I filed all my paperwork and sent copies off to the plaintiffs attorneys and have been getting ready for court on March 11 for both the hearing and the motion hearing. Today I checked the mail and received a letter from the plaintiffs attorney so I thought it was just going to be a response of some sort to what I sent them. What it actually was, is a regular debt collection attempt letter from the company thats suing me dated February 18th. They filed the suit on December 31. I thought they can't attempt to collect on a debt that they are suing on? If need be I can write out the entire letter, but what do you guys think? @fisthardcheese @BV80 @Brotherskeeper @MikeB35
  13. So, I read that Delawares SOT is 3 years on debt collection. In the civil summons they even say "Wherein it is alleged that the amount due and owing on the account number ending in 7968 is $2,948.88 as of September 2, 2015, minus payment(s) made since such date, if any for a total judgment amount of $2,948.88 as of November 30, 2018." Does this mean it falls outside of the SOT? Thank you for this information, Every time I think I got my head wrapped around something, it goes and changes a little lol. Well I have a sworn denial form that was mentioned to me by you @Brotherskeeper and have it filled out including mentioning Arbitration as my affirmative defense. Should I be adding anything to that? Thanks guys
  14. @fisthardcheese Hey sorry quick question, Should I attach the FULL 12 page Cardmember agreement or just the part with the arbitration clause?
  15. The account was opened in 2014. I'm not sure its any different at all though seeing how the 2016 is the same as 2017. I feel as though they don't change it much. Although as Fisthardcheese says; So I feel as though I'm relatively safe in this aspect.