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beatpixie

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Everything posted by beatpixie

  1. Disregard, I found the official forms needed to file my summons response, making three copies now and I am also going to make 3 copies of the ADR form requesting arbitration. Will bring both but will file my response first and see if I can also file the ADR at the same time while I’m there. I will see if they want me to send the third copy to the plaintiff via certified mail or if they handle that. It doesn’t stipulate on the courts site so I’ll just ask in person. thanks!
  2. So if I submit my answer for private contractual arbitration first what template or format should I use? Should I just go off my ADR forms structure?
  3. Thank you! For the last portion, I was not clear. For my templated arbitration response once I find the right format, how do I get that to the plaintiff and courthouse? That is what I mean when I say sending it via certified mail. I appreciate your time and help. I will not do a counter claim and like I said I only have three days left to do this as I was waiting on the documentation for all of this and it arrived very late. I wanted to file arbitration but you’re making me think maybe I should not and just do the payment plan. I do not have further time to consult an attorney at this point and still cannot find the appropriate form to send. I have called the court to see if they could point me in the right direction, due to fiscal constraints they do not have someone available on phones. The attorneys did post an ADR form in the back of the packet they sent me, I wasn’t sure if I should be using something they provided to me or not though and it leaves no room for me to write anything, just check off boxes and such. Thanks again.
  4. Also I forgot to ask, I assume a certified letter to both the attorney and the court is all I need to submit my response to the summons?
  5. I received a summons from an attorney in IL representing Midland Funding (I’m in CA) and looking for an actual template to use for MCL for Arbitration but also need advice on how to do this along with a counter claim for unfair debt practices. Comenity bank apparently sold my account to Midland approx 2 years ago. I have not once received any communication from Midland that I am aware of and when I had called Wayfair/Comenity when the account was charged off I was told they could not defer that information to me. Flash forward two years later and I receive a summons at my house (the summons mind you did not have the correct address for me on it, but I think that really doesn’t matter) so I called the attorneys in an attempt to get some discovery materials and requested communications in writing that Midland had made to me during this two year time period since I had received none. I recorded all the phone conversations and in this first one I was told she would put that all together along with the amount of purchases broken down. I received the paperwork just 3 days before I am due to provide a response (no court date is set) and low and behold there is no information from Midland except one page showing where they bought the debt in 2017 and the communication was only between Comenity bank and Midland, not myself. Next up I began totaling the amount of the judgement and I have been charged 1500+ in late fees and interest and received no credit for items that were actually returned. The actual amount of the debt is closer to 2500. During my first conversation with the attorneys representing Midland the rep (who said she was not an attorney) said that the total was 3,714. When I called again today after receiving the packet missing the documents I had requested the total had gone up over 4100. The new rep told me because of legal fees. I questioned this as part of the judgement because the summons states 3,714 not 4100 dollars, she didnt have an answer for me except to say they can add whatever legal fees they want and apparently in 2 weeks time I’ve racked up 400 dollars worth. So what I want to do is proceed with a response: MCL with arbitration but with a counter claim under the Federal Consumer Credit Protection Act due to the way this has all been handled. Can anyone help with a template of sorts to use or some guidance? I have been round and round in the forums and I think I am now overcomplicating this lol. I have the Credit Card Agreement stating they will be responsible for all arbitration fees to use as an exhibit as well and another poster said that the consumer is released from paying any arbitration fees in CA. Also should I mention that I have recordings of the phone calls in my response or no? Maybe best to just keep it simple? Thanks in advance for any help! This forum has me feeling a little more positive on this process. The rep today said that their parameters with midland will not allow them to offer any settlement under 3400.00 paid over a 4 year term.
  6. Hi all! I'm in a similar situation with Midland Funding and looking for an actual template to use for MCL for Arbitration but with a counter claim for unfair debt practices. Comenity bank apparently sold my account to Midland approx 2 years ago. I have not once received any communication from Midland that I am aware of and when I had called Wayfair/Comenity when the account was charged off I was told they could not defer that information to me. Flash forward two years later and I receive a summons at my house (the summons mind you did not have the correct address for me on it, but whatever) so I called the attorneys in an attempt to get some discovery materials and requested communications that midland had made to me during this two year time period. I recorded all the phone conversations and in this first one I was told she would put that all together along with the amount of purchases broken down. I received the paperwork just 3 days before I am due to provide a response (no court date is set) and low and behold there is no information from Midland except one page showing where they bought the debt in 2017 and the communication was between Comenity bank and Midland, not myself. Next up I began totaling the amount of the judgement and I have been charged 1500+ in late fees and interest and no credit for items that were actually returned. The actual amount of the debt is closer to 2500. During my first conversation with the attorneys representing Midland the rep (who said she was not an attorney) said that the total was 3,714. When I called again today after receiving the packet missing the documents I had requested the total had gone up over 4100. The new rep told me because of legal fees. I questioned this as part of the judgement because the summons states 3,714 not 4100 dollars, she didnt have an answer for me. So what I want to do is proceed with a response: MCL with arbitration but with a counter claim under the Federal Consumer Credit Protection Act due to the way this has all been handled. Can anyone help with a template of sorts to use or some guidance. I have been round and round in the forums and I think I am now overcomplicating this lol. I have the Credit Card Agreement stating they will be responsible for all arbitration fees to use as an exhibit as well and should I mention that I have recordings of the phone calls or no? Maybe best to just keep it simple? Thanks in advance for any help! This forum has me feeling a little more positive on this process. The rep today said that their parameters with midland will not allow them to offer any settlement under 3400.00 paid over a 4 year term.
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