MIOMH

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About MIOMH

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  1. The information is greatly appreciated. I replied with the New York General Business Law Article 22-A Consumer Protection from Deceptive Acts and Practices
  2. What does everyone think? Keep or remove the line of “I am now amending my Demand to include New York General Business Law Article 22-A Consumer Protection from Deceptive Acts and Practices.”
  3. Hmm…considering they are not between a rock (Arbitration) and a hard place (MTC) it would seem I’m digging myself into a hole at court. Many have followed your strategy and everyone’s advise with success so shall I. Thank you ALL for you inputs and advice. I wouldn’t claim UDAP in New York. “A number of states impose special procedural obstacles on consumers that can hinder or even prevent them from enforcing the UDAP statute. Ten states—Alabama, California, Georgia, Indiana, Maine, Massachusetts, Mississippi, Texas, West Virginia, and Wyoming—require a consumer to give a special advance notice to the business or impose an equivalent pre-suit requirement, and California and Florida impose this requirement in some circumstances. Seven states—Colorado, Georgia, Minnesota, Nebraska, New York, South Carolina, and Washington—require consumers to prove not just that they were cheated, but that the business cheats consumers frequently or as a general rule, or that their practices impact consumers at large. This complicated requirement can force a consumer who was cheated to foot the bill for an expensive investigation. Twenty-one states deny a consumer who has suffered an intangible injury such as invasion of privacy the right to bring suit under the UDAP statute.” 2018 National Consumer Law Center, Page 2 Consumer Protection in the States https://www.nclc.org/images/pdf/udap/udap-report.pdf Putting it out there for future searchers of UDAP
  4. I found a New York General Business Law Article 22-A Consumer Protection from Deceptive Acts and Practices Section 349 (Deceptive acts and practices unlawful). I need assistance with wording the amendment. Can I just say “I am amending my Demand to include NY GEN BUS Law Article 22-A” or do I need to write out New York General Business Law Article 22-A Consumer Protection from Deceptive Acts and Practices?
  5. Ok, I'll look for an equivalent law for UDAP to understand it a better. Once, I find the law do I have provide an example on how they violated the law similar to case laws in MTC Arbitration? I would think that the Case Manager or attorney would ask how's it a violation. Also, thinking 1 step ahead. Let's say the attorney replies with the summons or prove of debt collection what objection would I use then? Thank you @fisthardcheese
  6. Just thinking but when I received the Summons it also included a file number of the attorney. Last week I received a letter from MCM that they will request the CRA to remove Midland account from my credit file and Monday the attorney sends out the email about not being a billing dispute but debt collection. I'm not sure how debt collectors and their attorneys work but I would think they'll talk between each other before the attorney takes the next step on anything. It's a far stretch and board line conspiracy theory but could it be that Midland decided to delete their referenced to me having an account with them to then the attorney saying he doesn't have an account with Midland.
  7. There is no Court Order as there hasn't been a judge assigned to my case. Their attorney are just telling the Case Manager that they are not responsible for the filing fee because no Court Order demands it. I have no issue paying my filing fee share as I've nested it until I am required to pay it. Am I supposed to backpedal and say that it isn't a billing dispute but agree it's a debt collection? In the “Filing The Arbitration Case” section of the strategy @fisthardcheese says not to mention the debt and to use billing dispute if there isn't any violations laws against them. There hasn't been any violation to FDCPA because there hasn't been any communication between us besides the ROGs and Arbitration. I looked at the entire FDCPA page from ftc.gov hoping to find something but nada. I guess they want me to agree or disagree with what they said and gave me a deadline to reply by.
  8. It is the position of this office that the matter was improperly filed by the claimant and that important facts were omitted. The claimant failed to state in the initial filing that the underlying matter concerned debt collection. If the court order directs that a specific party is responsible for the filing fee, it is the responsibility of the filing party either to make such payment to the AAA and seek reimbursement as directed in the court order or to make other such arrangements so that the filing fee is submitted to the AAA with the Demand. There has been no Court Order issued that directs Midland Funding LLC responsible for the filing fee. In addition, per the card member agreement that was submitted, Midland Funding LLC is not responsible for the payment of the filing fee as the card member agreement stated under Section 11 “we will pay your share of the arbitration fee of claims of $75,000.00 is less if they are unrelated to debt collection.” As stated above the underlying matter relates to debt collection.
  9. @SJULawAlum and @fisthardcheese I need assistance on replying back to AAA. The attorney’s firm emailed AAA that I filed improperly and omitted important facts. They are saying that my dispute is not a billing dispute but a matter of a debt collection. Also, that there has not been a Court Order that directs Midland to pay the filing fee. If you want it verbatim, I can copy it to the post. They quoted the agreement that they are not responsible for the filling fee.
  10. Just monitoring the status of it, status is still Pre-RJI. I thought with my intent letter and their ROGs that they were going to file for judge.
  11. Hello @SJULawAlum/@usctrojanalum and welcome back! First, CONGRATULATIONS on winning your first case! Second, anyway to combine your two accounts. You are now listed as a newbie and that is SO NOT true. No, I think (for the time being) that Midland won't go through arbitration. I received a letter yesterday from Midland Credit Management. “We are writing to inform you that we have opened an investigation regarding your recent dispute. We are awaiting additional documents from the original creditor to conclude our investigation. In the interim, Midland Credit Management Inc. has initiated the process of requesting that the three major credit reporting agencies delete the tradeline of the above referenced Midland account from your credit file. Once our investigation has concluded, we will contact you with the results. This may take up to 90 days from the date we received your dispute. “ I received the letter from MCM not the attorney with a date of 08-30-19 so I'm not sure if the dispute they are referencing is the Intent for Arbitration that they received. In 08-01-19 the attorney requested that they want proof that I will proceed with Arbitration. AAA and the attorney received my application for arbitration on 08-19-19, and AAA emailed us on 08-29-19 what they required from us. Either in November I'm going to find out if I'm going to be “Thankful” or have a “Black Friday” not the good kind. I'm already a little thankful that they requesting the removal off my credit report. NOW, what the heck is this about “We are awaiting additional documents from the original creditor to conclude our investigation”!!!??? I thought that once the OC sells to the JDB there is no more communication between them. Is Citibank really going to hand over additional documents or even sell them additional documents?
  12. @ treblclef20, did you receive a court date and a judge assigned to your case as soon as you filed? I'm just trying to find out how much different is NY County to Suffolk County, considering we're only two counties away from each other.
  13. I received word from AAA. They are currently waiting on the Business (Midland) $500 filing fee. Surprisingly, they have not emailed me an invoice for Consumer (my) fee. I was originally going to email inquiring about it, but I’ll stand by until I hear from them or the deadline approaches. @ fisthardcheese or anyone, I was thinking of emailing and mailing the settlement since I haven’t had any communication with the attorney via email. Any thoughts on the matter?
  14. Thank you...spell check doesn't work on CAPS. Copy and Paste is a blessing and a curse. I thought by adding it in the NOW COMES was sufficient. I put it back into the objection. I changed 1B to" Without waiving this objection, Defendant chose "I had no business dealings with Plaintiff (Lack of standing)." to the Summons and Complaint. It was submitted to the court and mailed to the Plaintiff." I thought by the NOW COMES paragraph and objecting everything with "I have demanded private contractual arbitration" would save from that. Yes, that is all true. There hasn't been a judge assigned to my case because someone has to pay for RJI, hence why I haven't motioned anything yet. CPLR 3025 (a) you can amend without leave of court within 20 days after service. My time had expired by the time you guys wrote about amending. (b) by stipulation of all parties. I wouldn't think the attorney would but I guess I should've tried. I filed today. At the time @fisthardcheese recommended I didn't have the filing fee if I had gone through filing online which they require. After rereading fisthardcheese arbitration strategy it mentioned that you can file via mail without payment, which I did.