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Everything posted by WillingtoFight593

  1. I have examples in my thread of MTC and I think even the affidavit I used. The affidavit is really just a statement that you’re you and to your knowledge this credit agreement is accurate and the correct agreement, and I went and had mine notarized. Choose your agreement carefully. They didn’t pay all that much attention to the date on mine, but they definitely did the language, which is why the judge ruled in my favor and granted the MTC.
  2. Update: The attorneys sent me this in the mail for me to sign and mail back to them. What do you guys think? Sign it?
  3. Hello, I have about $7500 in charged off debt with Chase, about $6000 in charged off debt with Bank of America, both of those charged off in summer 2019, and $4300 or so in arbitration with a JDB. I have a mortgage with no late payments ever, and another small line of credit with Capital One which is like $1000 and has never been late either. Unfortunately I had a silly $90 medical bill that ended up going to collections which got reported and I paid it off in full but it’s there. I really want to refinance my house so I can save up some money to clean my credit up if possible, but I need to bump my score by 25 to be able to refinance. Is there anything I can do with any of these situations that would boost my score by that much? I could settle the charged off debt but I don’t know if that does anything, I’ve read here that it doesn’t do much. I don’t have the money to pay them in full but could settle for maybe 25% on each with the OCs in this case. Anyone else have any other recommendations? Thank you!
  4. I would *like* to clean up my credit, but I can't afford to pay everyone. I have 3 major debts -- this one with Chase for ~$7500 which I could afford to settle for about $2k, a case that is supposed to be in arbitration with Portfolio Recovery (mailed in the forms to open the case, sent certified mail, have not heard anything back from AAA or PRA), which was originally Synchrony Bank for a bit less than that, and then one with Bank of America for about $6k. BoA filed a suit back in early 2020 but it was dismissed and I was never served. I am guessing everything that happened with Covid, they are delaying suit. At the moment, I think I could gather up about $5k to settle all if them to both clean up my credit (slightly, I know settling isn't great but better than it staying charged off for another 5 years, I guess?) and avoid further lawsuits.
  5. Did you wait for additional letters or did you call and negotiate with them? And yes the utilization is not doing me any favors that’s for sure.
  6. I don’t see any lawsuits in my county or neighboring counties in the last 6 months from Chase. I can potentially afford to settle and deal with the tax consequences. I would really like to settle for $2k or less. And also I wonder if I could negotiate with them to get a better rating on my credit, such as settled instead of charged off? I’m new at this so excuse me if I say things that are impossible or don’t quite make sense.
  7. Hey, I owe about ~$7500 to Chase. It’s been about 18 months since I last paid them. They are now sending me settlement letters they’re offering to settle for ~$2500. So I would be settling for about 33% of the amount owed. In your collective experience, does Chase go for less than this? Should I negotiate them down, wait for more letters...what do you guys think?
  8. I sent in the forms but haven’t heard anything back. I didn’t do it electronically because electronically I would’ve been forced to pay the money automatically to file, with the paper version that you mail in, I just stated per the contract the business is responsible for the fees. How does AAA normally get in touch with people after filing? Should I be expecting an email? A phone call?
  9. I submitted all the forms via certified mail today to both the JDB and the AAA. We will see what comes next!
  10. I had my motion granted but I know from reading over this forum people have successfully appealed such rulings. Look up the appeals process for your particular court and appeal immediately if you're still within the window, state your case law and comb back over the arbitration agreement. Can you post a copy of your specific agreement?
  11. I just picked up the document and it is a Disposition Notice saying the case is dismissed and the motion to compel arbitration is granted. I will send it in with my AAA demand form and see what happens.
  12. I meant will it be sufficient to file that with AAA? AAA asks for a court order and this isn’t technically an order it’s just some sort of document stating the judge granted my motion. Thanks for your response!
  13. I called and they said the case was dismissed and I could come pick up some sort of notice (a dissolution notice? A disposition notice? Some sort of notice) which states he granted my motion. Is that sufficient?
  14. I did that in response to the plaintiff, but I think the judge would’ve accepted my cover letter and sending it all to the plaintiff as “notice” regardless. She had no case. She tried to say I didn’t use the correct form and didn’t send it to the lender and the judge said “the lender no longer owns the debt, why would she send it to the lender?” But I did state they have no right to sue and read from the agreement and he agreed. Thank you so much @BV80 for your very timely assistance. The AAA demand letter says to attach a copy of the court order if arbitration is court ordered. How do I acquire the order? Also, I see @fisthardcheese discusses filing by mail, but see AAA offers a file online option. Should I do that and send it CCCR to the plaintiff? Thanks again!
  15. HE GRANTED THE MOTION TO ARBITRATE!!!! The hearing lasted all of one minute!! Now I just submit the demand form to AAA, yes?
  16. Well we will find out in about 40 minutes. I sent that to the judge along with proof that it was mailed but my main point will be that the agreement does state that only I can sue in small claims court and that otherwise all disputes must be exclusively through arbitration. Thanks so much for your help.
  17. I wonder why they would do that when it’s over Zoom? Anyway, I did send a cover letter for the documents I sent that states I sent an answer, MTC and intended to arbitrate, might that count as a notice?
  18. Fairly unlikely. I don’t know how this lady even got the case cause she is not the attorney that filed the suit nor is she with that firm. I will probably not bring up other agreements and argue that the agreement I presented states they cannot sue me in small claims court or anywhere else.
  19. The judge will never see the later agreement unless I bring it up. Do you think I should just stick with the one I sent and argue that PRA is not allowed to sue in court according to that agreement?
  20. No they do not. The latest agreement is the first one I shared in this thread
  21. Thank you, I will bring this up with the judge. Well...in the answer I had to check a box and due to the advice of @fisthardcheese I selected the box that said improper jurisdiction and just stated the venue was improper due to the arbitration clause. also the agreement I gave them was from 2015 cause it was the last one I could find from Comenity and I gave up looking for 2018 but the 2019 agreement and all others I have from from Synchrony to whom the account was sold states no such thing as notice of dispute, should I bring that up?
  22. If anyone is up, pleeeease help as this case goes on tomorrow at 9:30 AM and I think there's got to be something I can do but I just don't know what @fisthardcheese @BackFromTheDebt @BV80 @nobk4me @alwayswinning36
  23. It’s not over yet. No ruling has been made. I’m wondering if there’s any angle I can take tomorrow morning because my case is going to be resumed tomorrow at 9:30 AM. He’s saying that because the agreement says I needed to send a “notice of dispute” to the plaintiff, I can’t pursue arbitration; but I may be able to persuade him otherwise. Any help would be much appreciated.
  24. @BV80 @BackFromTheDebt and all other rock stars of this forum, please see above post directed at @fisthardcheese
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