nicu

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About nicu

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  1. @shellieh98 I did check the site you sent link for and another site that led me to only Synchrony's current agreements. Unfortunately, beyond opening every single agreement in the archive lists, I found nothing in that link that helps. I may have to amend my reply to their complaint... But I did deny all allegations, raised affirmative defenses I thought were applicable included requesting Arbitration in the invalid venue affirmative defense. (I am thinking maybe I should have made a separate paragraph specifically as an affirmative defense that I am electing Arbitration.) I did not ask to dismiss but did ask the court stay proceedings pending conclusion of Arbitration... (seems like I read about another KY case the judge preemptively dismissed without prejudice before the Arbitration was even started... and I don't think that is ideal.) The arb clause that is most current for this card states that FAA is followed, which states a court should stay proceedings until Arbitration is finished. I made my answer pretty short and sweet. I had more in it at first but kept cutting the extra since I knew I was filing the MTC separate and had an option to amend if needed. (I helped a cousin with her divorce filings a few years back and her judge asked who helped her... Commenting facetiously about the thoroughness in her filings. )
  2. @fisthardcheese... Was the Tire Discounters / car care Synchrony Card. (I did ask specifically just about finding the agreement in another thread. But, still having an issue finding anything valid for the dates needed...but I am trying to polish up an MTC in the mean time.) Also, going to send the atty for the plaintiff (midland) a letter requesting they move the matter to Arbitration, per the agreement today or tomorrow. Maybe will get an idea of their stance after that.
  3. The three I compared above are 2018 agreements. I need 2015-2017 for the dates provided. If I am not mistaken, the "Car Care" is not in the archives for the time period needed, either. I searched for anything I thought it could possibly be... Probably three times including again when the link was included in this thread. "Care" credit was there but that is a completely different type of card. But maybe something like meineke, midas, etc will lead me to what I need in the archives. Your suggestion, @Goody_Ouchless, for including 'car credit' agreement eases my nerves a little bit... As long as I can track down an agreement that doesn't have a specific company that isn't tire discounters and says 'auto credit card' like the current one does or 'car credit'. I agree I need to file MTC as soon as I can... I have been saving and bookmarking examples, caselaw and state rules and statutes etc... to get the MTC filing ready, now to just weed through it all. I am going to see what I can come up with again as far agreement and start piecing together the MTC... Hopefully can have a good handle on it by tomorrow. Thanks so much for the guidance... (this obscure agreement has been such a headache). Still open to any suggestions to help track down the correct agreement... But I will post back if I think I have a workable option.
  4. I compared the Discount Tire agreement to the Tire Discounter agreement (both 2018 agreements) and they are different files. Discount Tire says on agreement : "Auto DT Credit Card" Tire Discounters says on agreement: "Auto Credit Card"... So I don't think they are the same... But that did give me the idea to look at others in that list... (https://www.synchronybankterms.com/) The 'Synchrony Car Care' is the same as the Tire Discounters, the Meineke is the same also... So maybe can find one from the archives narrowing it down that way??
  5. I have not filed the MTC yet, as my understanding is I need the card agreement to show the court the arb clause.That is why I am looking for it so pressingly. I need to file MTC and then I guess determine if I need to do anything else, if I do not need to go ahead and initiate the process through JAMS. (Maybe at least send letter to plaintiff's atty's to request they move the matter to arbitration per the agreement) Also I posted in another thread because I thought the OP (bronco rob) may have the agreement I need given the info he posted. Unfortunately I got no response. That was the only lead I have found... Which is why I feel like contacting Synchrony for the agreement may be my last resort.
  6. The one that is most current that I found says "auto credit card" on the agreement. But it is not the date I need. It was on the Synchrony website under a drop down menu. Yes, it does have that wording just as you pasted with "We will not 'require'..." and I understand what you mean - that they will attempt to make it sound different than what it means. I am assuming the one I need will be worded the same. I was under the impression that I should send a request to arbitrate ASAP (through JAMS) to the PLAINTIFF, and also start the paperwork and application process through JAMS to show I am not just dragging things out and acting in good faith... Is this wrong? Not only does that show the court I am serious and not just going through the motions but also gives the plaintiff the impression I am serious, as well. I filed my answer toward the end of last week. Have not received the green card back yet.
  7. Thanks @Goody_Ouchless... I was actually going to say, unless it is not considered an issue... So. It is a 'car care' Synchrony card through Tire Discounters. Also called a Traction Card at one point I think.
  8. I was trying to not give lots of info to avoid giving away my case as I have read to not give identifying info. Since I am having issue finding it, I figure it is not a popular card... So if the plaintiff's people's eyes are watching... Listing it could identify my case along with other posts as I filled out the questionnaire with case info in another thread. Do you mind if I pm you @fisthardcheese?
  9. ok, so I just downloaded and fine tooth combed through all eleven of the archives from the CFPB site linked above, from 2016 to current (as no archives from 2015 exist). I searched for every possible 'name' it may have been under (*including, of course, the one I found the most current agreement for). Agreement needed is not there. I also found the other site I had used last week while researching, in case others may find the link useful: https://www.creditcards.com/credit-card-news/credit-card-agreements-1282.php which apparently sent me to a Synchrony site: https://www.synchronybankterms.com/ Double checked it also...Still, no dice... it only shows an agreement from 2018. I really need to initiate arbitration, and although it appears their agreements do not change much, I want to make sure my case is solid. It is my understanding I need the entire agreement, and the one for the dates the account was active included in my arbitration request and MTC. Not sure how to proceed from here. Which is why I am wondering if asking for agreement terms from Synchrony would be alright given the circumstances? Thanks for trying to help steer me in the direction needed!
  10. Working on double checking. The zip files are giving me an issue right now... Downloading them took forever and now they aren't showing files when I go to open and extract. So, I may have to go to local library to download them.... But I am pretty sure I checked them last week and did not find the card in question... All kinds of other Synchrony cards just not this one. Seems like I ran upon another list of agreements and searched it, too. Did find one most current agreement (fall 2018) for the correct card somewhere. May have been on Synchrony's site. But that date is after Midland allegedly bought the 'account' in question. Waiting to pick up a little from school or would have already been at the library...had fingers crossed files just needed extra time to pull up... And once you log in computers you can't come back in same day at library. So wanted to have plenty of work time.
  11. Thank you for the reply BV80... I did look through the site you suggest last week looking for my agreement. I will scour it again, just in case I missed it... But I could not find one for the date the JDB listed as account start and last payment dates. It is hard to even find one period for the type of card. I will look again, maybe my mind was just spinning from trying to get everything I could together.
  12. So I am having major issue finding the correct card agreement to use to ask for Arbitration clause be followed. Online lists that have these agreements only show one that is from a month or so after JDB bought alleged account, which is the most recent. I am sure the one needed is similar to it, and others for Synchrony (boy they have lots of different lines of credit!) ... But I want the most solid case to get to Arbitration and out of the court as possible & would rather they not be able to say it isn't the correct agreement contract. If I call the accounts payable/charge off dept of the OC to ask for the agreement from the account are there any negative side-effects? Or any other suggestions of how to find the agreement from 2015-2017 are appreciated
  13. @BroncoRob... Could you please possibly pm me the card agreement you used to file... Or post a link in this thread? I think you may have the same card I need an agreement for to file MTC for Arbitration. I posted a thread and have scoured to find the correct agreement with no leads until I happened upon your post.
  14. Yes, I am aiming at Arbitration, but still filing answer with the request for Arbitration. So... I have searched and searched and cannot find the card agreement for the dates in question for the debt they claim - which I need to help back up my claim that venue is not proper and ask for Arbitration. I can find a more current agreement (which is probably similar?...) And the bits and pieces on posts on this site from the time in question. Old posts on this site give the paragraph in question I would need, but am not seeing a full agreement anywhere from 2015-2017. The online card agreement lists do not list the one that would apply for their allegations... Only the most current for that card. So when I file, can I include only the paragraph in question using what I can find. Or do I need to file the entire agreement as my proof? Can I use the most current agreement that is online? Is this my burden since I am asking for the MTC.? Then also, do I need to file pertinent caselaw examples now in my answer or can I just have them in my arsenal to use if MTC Arbitration is denied and the court hears the case?