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Everything posted by womanonfire

  1. Hi @KeithM. Please provide us an update when you get the chance. Thanks!
  2. Updated the original post to add Synchrony Paypal Credit. I went ahead and settled this one because it seems they are bringing more and more lawsuits themselves over this account in particular or least according to these boards. However they sold Paypal MC to PRA. I sent them an email dispute to let them know that I am aware of the arbitration clause and if they bring suit, it will eat into their profits and didn't hear back. Chatted with them online which was fruitless. PRA is going to be greedy I can tell. I will file BK on their asses as it is unclear at this time whether I can still avoid BK over all.
  3. @Clydesmomis "No Business Relationship with the Plaintiff (lack of standing)" used in GA when sued by JDB?
  4. The thread provided above will give you all the info you need to respond. Your answer is: lack of subject matter jurisdiction. MTC arb is filed separately and served or brought to court, I forget which one. I will learn soon since I am certain that I will be in your boat soon enough. I am still lost on how far this will get you in actual arbitration if you have no case at all. From my understanding, if you lose arb, then you could be on the hook for all the arb fees. Still not clear on what to do in arb if you have no defenses and it is your debt except to use it as a stall for bankruptcy.
  5. I am in a similar situation. What is the amount they are suing for, I don't think I saw that. And we all really appreciate you keeping us updated.
  6. Well what happened? An update for the board would be nice and helpful. That is how we payback for the help we receive here.
  7. I would offer them less than 60% to start, like 35%.
  8. Question for you and @WhoCares1000... Would you drag an OC into arb? What would your strategy be?
  9. Synchrony may not be selling anymore and may be suing own their own. I know this because I settled with a firm that was fixing to sue me on a Synchrony card but did in fact sue me on a BOA card first. I have still have nine unsettled accounts with them and have not heard the first word from eight of them but Monarch has the Paypal account. It's very quiet over here, too quiet almost.
  10. I was reading an article on Sherman that was quite interesting. Here is an excerpt: Sherman didn’t act on that judgment until last year, the Sherman spokesman said, when the company’s computer models determined Ms. Bradley had money to pay. In May, Sherman used a garnishment order to compel her bank to transfer her balance of $6,770.78 to Sherman. How in the hell are their computers doing that? Link to the article: https://www.wsj.com/articles/most-big-debt-collectors-backed-off-during-the-pandemic-one-pressed-ahead-11617804180
  11. Don't forget to update this thread with your results!
  12. When did you make the last payment and when was the account sold to JDB?
  13. I would give it another 30 days before following up or wait until you get a letter. They will pass it on to another department that will try to collect and you may get a better offer. The offers from Discover were better the longer I waited.
  14. Have you ever searched for ambush in these forums? You should perhaps put that in your signature? lol
  15. Another one that by passed magistrate court. I wonder why unless they are clogged?
  16. What do you hope to accomplish? Do you have defenses or counter claims or you trying to delay the inevitable?
  17. womanonfire

    MTC help

    Is the general rule here "never arbitrate with an OC unless you have viable defenses or counter claims?"
  18. I think it is easier once charged off but they also may go by the amounts. I'm having a similar experience trying to settle with Chase on an account that is not charged off whereby they won't settle for less than 60%. Interestingly another account with Chase settled at 36% but that one was charged off. It may be they want higher because they think you give a damn about a charged off account affecting your credit. Mine is trashed so I couldn't care less. I have a post in the Debt Settlement forum of all the accounts I've settled so far. It's really a good feeling to beat down the debt.
  19. Just updated settlements so far. I have three Cap One cards remaining; one I've posted about elsewhere that I may fight if sued. I've tried to settle it but they will not budge below 75% and I don't have it right now. Another one is a very low balance and the other one I also think I have a TCPA counter suit and an attorney that reviewed it agrees. I will never give Cap One my business again because even though I defaulted, their customer service over all even before then was severely lacking. The balances on these are $4500, $350, and $2000 respectively. Also remaining are seven Synchrony store cards with balances totaling $25000. I've not tried to settle these yet as I am saving up some money and I was kind of hoping they would sell off to a JBD and I could settle at rock bottom prices using that arb angle. Greedy sounding I know lol. Next up is a Chase card with a $500 balance and a Comenity Card with $1500 which has been sold to a JBD. Chase wouldn't settle for less than 70% and it wasn't CO yet. I also revoked permission to call my cell on the settlement call, recorded it, and they are still calling. Have not attempted to settle the other. Lastly, there is a Paypal business loan that seems to be lost. I had an old letter from a CA, called them, they had sent back to PP, called PP who gave me name of new CA who I called and they said it was sent back to PP who I called again and they said they definitely didn't have it. The recent CA said it looked like there was a note about pending litigation on it but didn't know any more than that and she also said that they NEVER settle. Backstory on this loan was that it was taken out by my husband/biz partner without my consent, long story but I was suffering from depression and had checked out and that is part of the reason that I'm in this mess. Sticky situation but I may fight it to see if I can have the personal guarantee switched over to him if they sue.
  20. @GoMom Yes please update us as to how your case turned out. Did you win, lose, settle and if you settled how much did you settle for Thanks
  21. That's golden lol! Synchrony has this in their agreement. I suspect it would be hard for them to complain about someone recording their calls.
  22. This is interesting that I found: https://www.americanbar.org/groups/business_law/publications/blt/2016/05/07_moringiello/ "Cases involving the credit card and telecommunications industries provide helpful insight as to how courts evaluate modifications of standard form paper terms. For example, in one case where a bank attempted to modify credit card terms by adding an arbitration procedure where one was not already part of the contract terms, the court found that the offeree did not receive proper notice of the modification because the proposed change was printed on an insert with the monthly bill and nothing otherwise called the change to anyone’s attention. Badie v. Bank of America, 67 Cal. App. 4th 779 (Cal. Ct. App. 1998)." Also from the CFPB: A credit card must notify you 45 days in advance if the changes in term are significant but only provides a general idea of what "significant" may mean. Losing the important consumer right to arbitrate is something to argue or at least I think it is. https://www.consumerfinance.gov/ask-cfpb/can-my-credit-card-company-change-the-terms-of-my-account-en-70/ Lastly, this article indicates that cards would have been sent out later than the October 11 transfer date. So a what point and time would I have been notified in the change of terms? https://www.cnbc.com/2019/09/18/capital-one-launches-two-new-cobranded-walmart-credit-cards.html
  23. An MTD is not an answer so you will have to file an answer and I would file a MTC arb. Look at your local rules for filing. You should be able to ctrl + F to find search for Motion to Compel in the rules.
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