NoWorriesBeHappy

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About NoWorriesBeHappy

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  1. I spoke to a lawyer regarding this situation. Here's what he informed me, I'm still researching to see how accurate these statements are, but honestly am having a difficult time finding Florida specific information: Florida does not require an Answer to be filed in the typical 20/30 days deadline. Showing up to pre-trial/mediation is how you avoid default judgement. AAA will not arbitrate cases that are part of small claims court I'm not inclined to believe, or at least have much confidence with this particular lawyer very much as his strategy seems to be to piggy back on these cases in order to sue the collection agency in Federal court. This typically would be perfectly fine if they were counter-suing for good reasons such as an FDCPA debt violation. However, this didn't seem to be the case. They were hyping up the fact that I wouldn't have to pay anything out of pocket if they won the case, but if they lost I'd be responsible for the total alleged debt. It seemed to me they are using these cases to try and win a quick payday over trying to actually build a solid defense. I personally don't mind paying a fee to have it done the "right" way. Thoughts?
  2. @nobk4me Thanks for suggestion. Unfortunately, according to their records last payment date was January 3, 2017.
  3. @BV80 Upon re-reading it, you're absolutely right. I misunderstood that part. Not sure what I'm specifically looking for in that Arb clause in relation to Small Claims Court; only two references to it are the two quotes I included in my post above. This is also part of the clause: My understanding here is that arbitration can be elected as long as it is done so before the commencement of trial.
  4. @BackFromTheDebt So looks like Barclay's agreement does include mention of Small Claims Court: and Here's the source: https://www.barclaycardus.com/applycontent/banking/marketing/rangedcma/Barclaycard/Standard_Credit_Agreement.html So if I'm understanding correctly based on yours and @BV80's comment above, my best course of action here is to file an Answer citing Arbitration as my defense?
  5. Hi all! Firstly, thank you so much to those who take their own time to help the users on this board! Time is our most valuable assets and the fact you guys are giving it voluntarily to help those in need says a lot about your amazing character. Now for my issue: Plaintiff: Unifund CCR, LLC Original Creditor: Barclay's Bank Delaware Case is being handled by a law firm based in Tampa, FL for Unifund. I reached out to this law firm to offer a settlement to avoid all of the back and forth, but they were not willing to budge on their proposed settlement amount (not even on the allotted time to pay the amount) and thus were unable to come to an agreement, so here I am. Pre-Trial/Mediation is schedule for early January 2020 in Miami-Dade County I was served this Saturday, November 2nd, 2019 Side note: I've checked all three of my credit reports and this account does not show up anywhere on them. I do, however, see an unrelated Barclay account listed. I know this doesn't necessarily mean much, as the OC is not required to report the account, but it seems odd that there would be one listed and this one not at all. My goal(s) here: I'd like to file my answer as soon as possible, so any help in that regard would be truly appreciated. Any other relevant strategies would be greatly appreciated. ie: would seeking arbitration be the more optimal route here or just challenge them on their standing in trial? =============== STATEMENT OF CLAIM Plaintiff, UNIFUND CCR, LLC ("Plaintiff"), hereby sues MY NAME, Defendant(s) ("Defendants") and alleges: STATEMENT OF FACTS This is an action for damages that does not exceed $5,000.00, exclusive of costs. Defendant opened a credit account with BARCLAYS BANK DELAWARE, account ************5555 (changed for obscurity). That Plaintiff is the assignee of this debt. Defendant owes Plaintiff the sum of $1,658.17 for principal in connection with Defendant's use of a credit card account. Attached hereto is a Statement of Account referencing the current balance due and account statements. All conditions precedent to the filing of this statement of claim have been complied with by Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $1 ,658.17 for principal plus costs in connection with the collection thereof. Attachments included: Unifund CCR, LLC Statement of Account --- This document essentially bare bones, typed up list including: - My name - Original Account Number (does not include full account number, only last four, ie: *****************5555) - Account Open Date - Last Payment Date - Principal Balance - Total balance exclusive of costs (same as principal balance above) A number of credit statements allegedly from a Barclaycard credit card listing charges, late fees and accrued interest Bill of Sale which includes a paragraph describing the sale between Barclays Bank Delaware and First Bank & Trust on March 24, 2017 - Includes a Recitals section describing that "Seller, Purchaser and Credit Shop, Incorporated, a Delaware corporation, entered into that certain Asset Purchase Agreement, dated as of the 24th day of March, 2017..." - It then has two separate signature docs; one with a signature from Barclays Bank Delaware CEO and another duplicate page, but with the signature of someone from First Bank & Trust (illegible title) - A mostly blank document with the following sentence: "Extract from account data, provided by BARCLAYS BANK DELAWARE in connection with its sale of accounts to First Bank & Trust on 03/24/2017". Includes my name as ACCOUNT NAME and the "Last 4 digits of account number" (ie: ***********5555) - A CERTIFICATION from VP of First Bank page describing that the card card receivables set forth on Exhibit A have been sold and transferred to Credit Shop, Incorporated. - A signature page of this VP dated Sept.6th 2018 Exhibit A: "Extract from Exhibit A, provided by First Bank & Trust in connection with its sale of accounts to Credit Shop LLC fka Credit Shop, Incorporated on 03/27/2017; originally obtained from account data provided by BARCLAYS BANK DELAWARE in connection with its sale of accounts to First Bank & Trust on 03/24/2017:" - Lists my name and last four of account Certification of Receivables Sales - "The undersigned, being the duly appointed and currently serving as Secretary and General Counsel of CreditShop LLC, hereby certifies that: (i) the credit card receivables set forth on Exhibit A attached hereto (the "Receivables") have been sold and transferred by Credit Shop, Incorporated, an affiliate of CreditShop LLC, to CreditShop Receivables LLC, an affiliate of CreditShop LLC, through the series of sales and transfers set forth below; and (ii) that the undersigned is fully authorized to execute and deliver this Certificate of Receivables Sales in the name of and on behalf of CreditShop LLC." - Below that, includes two numbered bullet points stating that 1) the receivables set forth on Exhibit A were assigned and transferred from Credit Shop, Inc. to CreditShop LLC through a series of distributions and 2) A transfer from CreditShop LLC to CreditShop Receivables LLC. - Followed by a signature page of Secretary and General Counsel from CreditShop LLC A seemingly random doc that states: "Extract from account data, provided by Credit Shop LLC tka Credit Shop, Incorporated in connection with its sale of accounts to CreditShop Receivables, LLC on 11/09/20 17; originally obtained from account data provided by BARCLAYS BANK DELAWARE in connection with its sale of accounts to First Bank & Trust on 03/24/2017:" - Lists my name as account name and last 4 digits of account (***********5555) Exhibit 2 Bill of Sale - Describes a sale between CreditShop Receivables LLC to Distressed Asset Portfolio III, LLC Exhibit 1 - "Extract from Exhibit 1, provided by CreditShop Receivables, LLC in connection with its sale of accounts to DISTRESSED ASSET PORTFOLIO III, LLC on 04/04/2018; originally obtained from account data provided by BARCLAYS BANK DELA WARE in connection with its sale of accounts to First Bank & Trust on 03/24/2017:" - Lists my name as account name and last 4 digits of account Assignment - Looks like it's to transfer and assigns all rights for collections from Distressed Asset Portfolio III, LLC (Assignor) to Unifund CCR, LLC (assignee) - Includes signatures from the same person (Jessica Stevens) for both Distressed Asset Portfolio III, LLC (Inventory Manager) and Unifund CCR, LLC (Manager of Media and Inventory) - Followed by the following page: "Extract from account data, provided by DISTRESSED ASSET PORTFOLIO III, LLC in connection with its assignment of accounts to UNIFUND CCR, LLC on 04/04/2018; originally obtained from account data provided by BARCLAYS BANK DELAWARE in connection with its sale of accounts to First Bank & Trust on 03/24/2017:" - - Lists my name as account name and last 4 digits of account