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rhonda352

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  1. Thank you Clydesmom. What law applies the law of 2017 when the complaint was filed or the laws of today? Do you know when the laws you refer to as "not anymore" were changed? Thanks again!
  2. BV80, thank you as well for your recommendations. It is required in FL there is 30 day notice to be given prior to the sale of the debt, so I will still include it in my amended affirmative defense, I will not include 4, 5, 6 or 10. In the purchase of the debt from Synchrony to Midland, is just the debt transferred or all the terms and conditions of the credit card agreement are also purchased? I am including for you a copy of the complaint and my old answer. I hope you can make some suggestions. answer_and_affirmative_defense2.pdf midland complaint2.pdf
  3. I am so lucky, I was hoping you would reply to my post. You have the knowledge, I seek. I will file the amended answer to include the demand for arbitration. I plan to file a Certificate of Service with the clerk stating it was mailed. I believe this will provide me protection for the service. Do you think it would be helpful to also at that time request pre-trial discovery?
  4. FLORIDA. I am being sued by Midland Funding, LLC for credit card debt claimed to have been purchased from Synchrony Bank. The complaint was filed 12/27/2017, I answered the summons 1/27/2018 with an "Answer & Affirmative Defense". I now know, I should have demanded arbitration, so I now must to continue from this point. In my demand, I reserved the right to file more affirmative defenses in the future. Is it possible I may use the reserve to now file arbitration, or have I already given up the right to do so? The credit card agreement with Synchrony states the cost for arbitration will be paid by Synchrony, should I prevail in the claims against them. I am not certain the case would be dropped by Midland due to the cost they "might incur" for arbitration. Filed on 6/20/2019 (17 months later) was an answer from the Midland representative, denying the affirmative defense and demanding strict proof. Midland Funding, LLC, supposedly purchased my credit card debt for pennies on the dollar. Why would I owe them more than they paid for the debt? I was not notified by Synchrony, as required by law, within 30 days of the sale of my debt. The amount of the claim is over $7400 plus the fees associated with the case. I would estimate a total in access of $8000. FLORIDA. I am being sued by Midland Funding, LLC for credit card debt claimed to have been purchased from Synchrony Bank. The complaint was filed 12/27/2017. In error and out of fear of a judgement being awarded against me, I answered the summons 1/27/2018 with an "Answer & Affirmative Defense". I now know I should have handled it differently, I have to continue from this point. The credit card agreement with Synchrony states the cost for Arbitration will be paid by Synchrony, should I prevail in the claims against them. I am not certain the case would be dropped by Midland due to the cost they "might incur" for arbitration. Filed on 6/20/2019 (17 months later) was an answer from the Midland representative, denying the affirmative defense and demanding strict proof. Midland Funding, LLC, supposedly purchased my credit card debt for pennies on the dollar. Why would I owe more than they paid for the debt? I was not notified by Synchrony, as required by law, within 30 days of the sale of my debt. I did not enter into an agreement with Midland. The amount of the claim is over $7400 plus the fees associated with the case. I would estimate a total in access of $8000. This my Affirmative Defense - 1. The Plaintiff failed to name the real party in interest. - Not really sure this applies - there were other authorized users of the account. However, not co-account holders. 2. The Plaintiff failed to state a claim upon which relief can be granted. - I was never in an agreement with Midland. 3. Defendant was not notified by the Plaintiff of any assignment of the debt that is the subject of the Complaint. - I was not notified by Midland or Synchrony of the debt transfer, should I have included Synchrony in this statement? 4. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff. 5. Plaintiff's Complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. - Midland did not state the amount of the purchase of the debt. 6. Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. - Synchrony doesn't have knowledge of the claim and Midland has not shown they have received the rights of the original credit card agreement. 7. The Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of Florida, solicit the right to collect or receive payment of a claim of another. 8. The Complaint fails to allege or prove that the Plaintiff is licensed and has procured a bond in the State of Florida as required per Title 33 Chapter 559 Part 6 of the Florida Statues. 9. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. ยง 1692e (2) from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed. 10. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff. - Because Midland states they paid Synchrony - my debt is paid in full. I didn't enter into an agreement with Midland to do it or to pay them back for doing it. 11. Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported debt, for which Plaintiff failed to reference an account number in their Complaint. - Midland did not use an account number for reference of the original debt - also I would not owe them more than they paid for the debt. 12. Attorney Fees Not Recoverable 13. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time. - I am hoping this will allow me to still be able to try arbitration. At your request, I will send you a complete copy of the complaint and my answer so you will be fully aware my situation. What are the steps I should take from this point?
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