fishlips

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  1. @Harry Seaward I filed my answer and sent their copy CMRR, haven't received the receipt yet. I'm going to start settlement negotiations and had a few questions. Is it best to call them with an offer prepared or ask them what they sound be willing to settle for? Should this be a call/email or all written CMRR communication? Can asking for them to dismiss with prejudice be part of my terms? Thanks everyone for all you help thus far! Now I need to actually get my settlement done and start payments before I prepare to take on midland but have no idea what to expect in terms of settling. Also, my score has already gone up several points from this board! Thank you!
  2. Sweet! That's very encouraging! Congratulations and thanks again!
  3. @Intensivefire What was the result of this? I'm in almost exactly the same boat: going to be served by GA & Tami soon (I believe) by midland for a Walmart and Amazon card in Portland for nearly the same amount. Was the SOL the reason for the dismissal? Curious how this worked out for you as I'll be filing an MTC when it's time! Thanks!
  4. @Goody_Ouchless Didn't think of that, that makes sense. If they serve me I'll file a motion for arbitration. Maybe sending a dv would get me a little more time to deal with my other settlement before taking on all 3 at once?
  5. @Harry Seaward or @fisthardcheese or anyone else: I'm heading to the courthouse today to file my answer. Any recommendations to my attached answer? (Except at the end I'll provide a place to sign it, I just realized I didn't!) I'm also printing out the fee waiver form, the certificate of service, and a mailing cover sheet for the copy of the answer I'll be sending to Nelson and Kennard. All bases covered I hope. Also, I received a second letter from Gordon, Aylworth, & Tami P.C. regarding my other accounts. It seems the same law office picked up my Synchrony Amazon and Walmart accounts from Midland. You really think I shouldn't bother sending them a DV? Is there any chance they don't have the information since MCM is a JDB? I feel like its worth a shot since the same law office got my 2 accounts, I doubt they'll do nothing. Thank you! CIC1.pdf BOA answerCIC2.pdf
  6. @Harry Seaward Alright I'll research examples on here of answers. The summons does not contain any paragraphs to refute. The complaint though is separated into six sections: 1. Plaintiff is Bank of America. 2. Defendant is me and my last address is in Multnomah County. 3. At D's request, P issued me a card with account number XXXXX. 4. P has performed each and every condition precedent on its part to establish liability on the part of the defendant. 5. D accepted and used credit. P provided monthly statements. As of 4/30/2018 D's account balance was $3k. 6. Despite demand for payment, D has refused or failed to pay account balance and as a result D now owes P the principal sum of $3k. Wherefore, bank of America requests the following relief : 1. Judgement for $3k for breach of contract 2. An award of its costs and disembursements incurred herein and dated March 4, 2019. So for the answer what do I deny? 5 and 6? Also, I know there is a filing fee but is this going to get more expensive? Should I find a fee waiver form? Learning this as I go! Thanks
  7. @Harry Seaward How do I answer? I know I need to file it at the courthouse but there was no questionnaire or anything included with what I was served with; just the summons and a complaint. I couldn't find any information on the Multnomah county website either. Do I type it up myself? And deny everything correct? Also, when is the point I offer a settlement amount? Right after I file my answer? How much is an appropriate percentage? Thanks!
  8. It seems since I have started my journey rebuilding my credit, I've awakened some beasts! Any help would be greatly appreciated. May 7th while I was at work my roommate received a summons at the door for me from Nelson & Kennard representing Bank of America. A few days later, I received in the mail a receipt that I had been served, a copy of the summons and a copy of the complaint. The summons (Multnomah County, Oregon) is for a breach of contract, amount claimed $3k, and subject to mandatory arbitration. The DOFD is 11/2017 so I am still well within the statute of limitations. There is no court date; in order to "appear" it says I need to file a motion or answer within 30 days. I'm calling the court today to ask what that entails and also asking you great folks! Do I have forms to fill out or do I write up my own answer? Any direction with this would be great as I can't afford a lawyer and I figure I'm going to negotiate a settlement with them for a payment plan but I need to avoid the default judgement. If you settle for less than the amount, will they still do payments? What should I do?? Also, Midland owns 2 accounts that my OC is synchrony bank. After sending them a settlement offer which was apparently just put into the computer as a dispute, I received in the mail (the day after my summons was served lol) a notice from the firm Gordon, Aylworth, and Tami P.C. that they had retained my account on behalf of midland. "At this time, no attorney has personally reviewed the particular circumstances of your account." In the letter it says if I notify the office within 30 days they will obtain verification of the debt or a copy of the judgement and send it to me. My plan with both of my midland accounts since the OC is synchrony is to elect for the arbitration process but in the meantime, what is the best course of action? I'm going to send a DV (any good templates I can be pointed to?) but what else? This debt is only for $830 so I can't imagine Midland will be wanting to pay this firm very long if I can drag out the process a little bit. Thoughts? Thanks a bunch ya'll! After reading this forum and working on paying things off in the correct manner, my score has increased about 20 points across the 3 CRAs since January. Just got to work on getting these baddies taken care of! Cheers!
  9. Thanks for your reply @fisthardcheese! Does them sending me this "dispute" letter affect the arbitration process at all in terms of them violating anything that I can use against them? I doubt it but figured I'd ask. I have another account with MCM thats also from Synchrony (thank you arbitration gods) and I was going to send them the same settlement letter, just for a different account. If them sending me a dispute letter in response doesn't affect anything then I'll save my 7$ sending certified mail and wait for them to file. Should I start reading up on exactly what I need to do for arbitration and get my paperwork ready so when they do file I'll have it all on hand? Thanks so much for your help! I'm going to be studying up on your arbitration strategy now. I should've paid off the OC in the first place to avoid this mess but I'd rather go through the hoops of arbitration and getting my 2 accounts dismissed than pay someone who bought my debt for 100$!
  10. Hi folks! I received a letter from Midland Credit Management today that I'm confused about. I have a collection with them and March 15th I sent a settlement offer CMRR. I did a lot of research on this site (THANK YOU!) and offered to pay 50% of the debt to settle which would then be removed from the CRA's when I hit the 2 year mark per their policy on their website. Today, I got a letter back from them: "We have received and processed your dispute. After reviewing, we have found that our information is correct. We have enclosed documents regarding the account." The "enclosed document" is a plain white letter from Synchrony informing me that the OC account was sold to MCM in May 2018. In the letter is also a box that says: "You have indicated that the following item(s) pertain to your account: We are uncertain of what you are specifically disputing." At the end... "In response to your dispute, we have requested that the three major credit reporting bureaus change the status of this account to "Disputed". What the heck is this? My settlement letter does not contain the word "dispute" anywhere in it. Why do they think my settlement offer is a dispute? What should I do? Will my score be affected at all? Thank you all so much for the help. This forum has helped me immensely in repairing my credit from my past stupid decisions! Thank you!
  11. Send my offer via certified mail receipt requested... Which I think i will! Thanks for your help! This is my first time dealing with collections so it's a little intimidating!
  12. Is it best to send a CMRR?
  13. Hi again! Can someone please recommend a course of action for me?
  14. Hey folks! I have two accounts in collections with Midland Credit Management. The OC is synchrony bank for both accounts -- an amazon card with a balance of $834 and a walmart card with a balance of $1101. I received a final notice from MCM a couple weeks ago in regards to my $834 account stating that this would be their final communication before "transitioning the account to the attorney review process". I called MCM three times over the last week offering to pay 65% of the balance but they will not budge on anything less than 80%. My DOFD is 10/2017 so if i'm correct, agreeing on a number and paying it by October of this year, they will delete the account on their end per their new policy. However, all of the people I spoke with would not accept less than $667. The date at which I need to reply to their letter is tomorrow 3/13. What should I do? I have never myself seen a DV from them, but i'm assuming they have sent it at some point and I missed it in the mail or something; I'm also assuming its too late to send them a DV request? Do I try to send a DV letter? Do I send them the same offer for 65% via CMRRR? Suck it up and pay the $667? (Trying to avoid this... my financial situation cannot accommodate a huge chunk like this right now and would cause a lot of strain in other areas) Or should I locate my synchrony card agreement and wait to see if I get a summons and begin the arbitration process? I'm willing to do any amount of paperwork I need to do to get this settled and completely own the fact its my fault in the first place, I'm just trying to make the best out my not-so-great situation and NEVER let this happen again! I'm rebuilding my credit and the 2 synchrony accounts now owned by MCM are my only collections. I'm located in Oregon, accounts were opened in Washington and still very much within the SOL unfortunately as my hardship occurred at the end of 2017. Thanks so much for any advice or guidance!