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Everything posted by Vinsey

  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.
  16. oh man, I checked but I guess not hard enough. Thats awesome thank you! I'll go ahead and read the arb clause and see if its the same and use it over the 2017 instead.
  17. Thanks buddy, I am going to get everything finished and ready to notarize and get sent out to the plaintiffs attorney and filed with the clerk tomorrow due to today being presidents day. I really appreciate your help!
  18. @fisthardcheese So the only Cardmember agreement I can obtain is the most current one. I went round and round on the phone with Barclays to try and get the Cardmember agreement from when I opened the account and cannot get it. In your Arbitration Outline you talk about attaching the Cardmember agreement and an affidavit swearing its the true and correct copy. Should I do what you say but attach the 2017 cardmember agreement? I don't want to screw myself over using that.
  19. Okay I didn't think it was much. I have my sworn denial form filled and I am trying to write out an MTC. I'm using your sample MTC as an outline instead of copy pasting as per your advice lol. It's tough cause your sample looks really good! I'm using the wording from Barclays card agreements arbitration clause and all that. Hopefully it'll be enough for them to drop me. I'm attempting to get in contact with barclays to get a card agreement from when I opened the card instead of the one available online. the one online thats available is from 2017. I'm not sure if I attach that one it will be accepted as my cardmember agreement
  20. Okay so a few updates to let you guys know about, Hamilton county general sessions court apparently does not require any sort of answer to a summons whatsoever, they say you just show up. I don't feel comfortable really with that but thats how this court works I guess. I called the local attorneys office to ask what proof or paperwork they have to sue on this lawsuit, he told me that he only handled the paperwork and serving it and I would have to call "Fenton Law Firm", the ones handling the case for PRA. So then I called Fenton and as of earlier this month they are no longer Fenton Law Firm, but they are Weber now. They told me that they are a debt collector working on behalf of PRA who is successor in interest to Barclays Bank Delaware blah blah blah, and they started asking me all sorts of questions basically trying to get me to admit to the debt lol. I asked THEM what proof or paperwork they have to sue on this lawsuit and the dude just seemed confused/unable to answer until he stuttered out that they have an affidavit given to them by PRA and its the same one attached to my summons. SO, all they have is an affidavit swearing that they have the legal right to my debt?? I feel like the debt has been passed around between so many hands at this point nobody has anything of value as proof and it's a good thing? please let me know if any of this makes sense or sounds like good news. The attorney I talked to essentially said that if I call them and give them zero information but just asked them for their proof/paperwork that it'll likely just end up NON-SUITed in court. I thought it was all just lazy lawyer advice but I figured whats the harm and tried it, and it seems like they have nothing. Hopefully the guy I talked to reported my calling and asking and they deem me a hassle? IDK what do you guys think? @fisthardcheese @Brotherskeeper @MikeB35
  21. Going through the links you provided I got a better Idea what to do, I have the Sworn Denial form filled and ready to file and am working on my MTC right now. I found someone else in TN that filed an MTC against Midland and in their post they say during their court date, "their lawyers responded, NON-SUIT". So as i'm understanding that essentially means dismissal without prejudice. As much as I would love to win court this time, I want it to be won forever with dismissal WITH Prejudice. I'm not sure all the details in their case but I hope it was something else causing it to be NON-SUIT. Here is a link to the article I am talking about here.
  22. Thanks so much for your sample answer, by the way. It truly helps to see what others have done before me.
  23. Okay, gotcha. I'm gonna switch over to that post immediately. The other two pages are just the civil summons. The second page is just a notice about TN exemption law and the 30 day deadline to dispute validity of debt. On the first page, the only thing other than the typical civil summons information (case number, addresses, signatures, etc.) is as follows: Summon Vinsey S. To appear before the General Sessions Court of County, Tennessee. To be held at Address, on at, then and there to answer in a civil action brought by Portfolio Recovery Associates, LLC. Upon sworn account, as evidenced by the attached affidavit, wherein it is alleged that the amount due and owing on account number ending in 7698 is $2,948.88 as of September 2, 2015, minus payment(s) made since such date, if any for a total Judgement amount of $2,948.88 as of November 30, 2018. Plaintiff is not seeking any attorney fees or interest that may have accrued since the date of charge-off or similar categorization of the debt. Plaintiff expressly disclaims any such fees or interest that may be due. Plaintiff requests private process fees and court costs. WHEREFORE: Plaintiff demands judgement against the Defendant for the sums set forth above and costs. What do you make of this? If the affidavit isn't the Complaint....what do I answer?
  24. Absolutely. I'm currently working my way through Linda7's Strategy and Steps to Arbitration, and I really hope I'm not being a complete idiot about this. The affidavit is as follows: AFFIDAVIT I, the undersigned SUSAN L., Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associated, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon a review of the business records of the Original Creditor BARCLAYS BANK DELAWARE and those records transferred to Account Assignee from BARCLAYS BANK DELAWARE ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on 12/22/2017. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from VINSEY S. ("Debtor and Co-Debtor") to the Account Seller the sum of $2,948.88 with the respect to account number ending in 7968 as of the date of 3/30/2016 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $2,948.88 as due and owing as of the date of this affidavit. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States. Portfolio Recovery Associates, LLC SIGNATURE By: SUSAN L., Custodian of Records NOTARY PUBLIC INFO HERE
  25. So I've been completely stumped on how to format my answer and I may have just realized why: I DON'T HAVE A COMPLAINT. I was served three stapled forms: two of them being the civil summons, the third an affidavit of Portfolio Recovery's Custodian of Records making six statements. Lines 1 and 2 are just stating that she is competent to testify and is an authorized employee of PRA. Lines 3-5 state that the account is now owned by the Account Assignee, the records show that I owe <$3k from account number ending in 7698 as of 2016 . Line 6 states that they believe I am not a minor or an incompetent individual, and declares I am not on active military duty. Basically, all I have is a Civil Summons and an Affidavit. Is the affidavit what I'm supposed to write my Answer to? I've been searching everywhere for samples of answers so I know how to format mine and after reading a few articles I realized they all say to answer Complaints. After seeing a sample Complaint online, that's much more understandable to write an Answer to than what I've been given. Thank you so much for taking the time to read this. I truly appreciate all the help you guys have given me so far.