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Everything posted by WillingtoFight593

  1. HELP!! @fisthardcheese So the judge states that I would have had to file a notice of dispute according to the credit agreement in order to pursue arbitration. I was under the impression that sending a copy of the motion to compel arbitration as well as my answer to the plaintiff and and then stating that I am prepared to file the case was a sufficient "notice," but the judge seemed to disagree. I got a continuance until tomorrow morning at 9:30 AM and he says at that time I will either have to argue that I sent a notice of dispute and furnish that notice, or argue the merits of the case if I cannot provide that. What do I do now? The more recent agreements do not even mention a notice of dispute, but the agreement I sent in was the closest one to the time my account charged off so that is what I sent them.
  2. Thanks @fisthardcheese. Court is tomorrow. I’m as ready as I’ll ever be. I’ll let everyone know how it goes. My main worry is that this is Magistrate Court and from what I’ve read these judges aren’t always that well educated on these things. I’ll try to respectfully educate if need be but I hope I don’t have to do so. 🙏🏼
  3. I sent the email and they say they have no record of them calling me? Buttttt I definitely have a missed call from their number so I don’t get how they have no record. The court date is over Zoom (so annoying—the attorney’s office is 3 hours away and now he doesn’t even have to drive over). I’m so nervous 😫😩. Do I need to have anything prepared?
  4. Is there any downside to doing that? And would I just say I prefer to be contacted by email and nothing else? Sorry I just don’t want to make a wrong move. Thanks!
  5. I got a call from a spam number and didn’t answer it, but I always google the number to see who it was, and it was the attorney’s office. They didn’t leave a message. Anyone have any idea what that may have been about?
  6. Thanks @BV80! I took it, the answer, the affidavit and the agreement to the clerk today and filed. She said I’ll get a letter in the mail with my court date which will be via Zoom 🙄 not in love with that, but at least I’m on to the next stage. I know from reading many of @fisthardcheese responses that I should wait until my MTC is granted before filing with AAA, but I have also read I should have some sort of letter or application at my court date to show I’m serious about filing. I will go back and review exactly what I’m supposed to have that day but I appreciate everyone’s help so much!
  7. Yes, I eliminated it in the revised one above. I’m about to take it to the clerk in an hour. Does everything look right with it?
  8. So no separate letter required, then? This is my revised MTC and answer, any last advice? @BackFromTheDebt @fisthardcheese @alwayswinning36 @BV80 MTC.doc SCCA703.pdf
  9. Alright, tomorrow is the day I have to hand in everything. Please advise if I need to send a separate letter to the JDB attorney stating I am electing arbitration...so far I have my answer, an affidavit, the CC agreement, and the MTC all going to the clerk tomorrow.
  10. I have now done that! Thank you! Also in reviewing your sample MTC, it states that a letter has been sent CMRRR to the Plaintiff's attorney electing arbitration, in my case, with AAA. Do I need to draft a letter to them electing arb and requesting dismissal? Initially I was just planning on sending the copies of the MTC and my answer but if I need to draft a letter also I want to make sure I do that because all of this has to be done today and tomorrow. Thanks @fisthardcheese!
  11. I will make the changes and repost. Does my answer document look okay? I’m trying to find examples of S.C. affidavits. I see all kinds on the court forms page but none with the right language for certifying a document.
  12. I am not above begging for some help. If any of you have a spare moment to review my answer and my MTC before I submit them I would greatly appreciate it. @BV80 @fisthardcheese @nobk4me
  13. Any comments or insight would be super welcome and appreciated, I only have until Tuesday to get this to the clerk.
  14. Here is the exact complaint they sent, any wisdom or guidance as to how to safely answer these would be much appreciated in reference to the answer document which is also attached a few replies earlier. Will attach again for convenience. Should I just check box A and State the arbitration clause is being elected and therefore court is Improper venue and then also check D and then attach another paper stating: 1. Defendant confirms. 2. Defendant confirms. 3. Defendant has no knowledge as to the referenced claim and thereby denies. 4. Defendant has no knowledge as to the referenced claim and thereby denies. 5. Defendant has no knowledge as to the referenced claim and thereby denies. 6. Defendant has no knowledge as to the referenced claim and thereby denies. 7. Defendant has no knowledge as to the referenced claim and thereby denies. 8. Defendant confirms. 9. Defendant has know knowledge as to the referenced claim and thereby denies. I have also attached a copy of the MTC. Any comments on that would be greatly appreciated. Do I need to send a letter to the plaintiff that I am electing arbitration with AAA? @fisthardcheese @BV80 @nobk4me @BackFromTheDebt SCCA703.pdf MTC.docx
  15. Hey @BrendaG, know it's been a while since you posted this but care to update on the outcome? I live in the same county and am sued by the same attorneys and would love to know how this panned out for you. Thanks!
  16. I will upload my MTC and answer when finished drafting. I still cannot find any agreements for PayPal Credit for 2018 period (account was charged off 11 of 2018), despite having checked all similar agreements and all of CFPB archives for that year. The S&C makes all references generally to Comenity Capital but the account was acquired in July 2018 by Synchrony right before charging off in November of the same year and then being bought by PRA from Synchrony. I tried called Synchrony, I tried calling a Comenity, I cannot find an agreement for either bank for 2018. I have one revised 2017 by Comenity but that’s it. Same APR. That’s as close as I can get Absolutely nothing for 2018, probably because things were changing hands?
  17. Thanks for your response! I wasn’t sure if that that changed if I filed an MTC with my answer. But with the form they gave me, it says to “check one,” and one box is to contest the jurisdiction, and there’s another box to deny the allegations. Do I check both or one or...? Is an affidavit from a PRA employee generally considered sufficient or insufficient proof of ownership?
  18. To avoid furthering two threads, I am moving my question to this thread from the state forms/case law thread. I have an answer document given to me by the court which says to "check one." Can someone please review this and state if this appears to be correct? I have attached it. I was asking the clerk of court if service to the plaintiff is required (after reviewing the forums, it seems in some states it is, and some it is not), and she said she was "not allowed to give me legal advice," which was very unhelpful. Do I stand to lose anything by sending the answer, MTC, and affidavit with agreement to the plaintiff? Also: -they attached a bill of sale to the packet (attached earlier in this thread) I was served which is from Synchrony Bank but it has no identifying information on it at all. No names or account numbers or anything. It references a purchase agreement which has not been attached. Is a robosigned affidavit from a PRA employee stating the account was acquired from Synchrony sufficient evidence or can I push them to produce the purchase agreement with specifics on it? -I have gone back in my records and have at least 28 numbers that have called me in the past regarding this account from PRA, many of which were definitely robodialed, I made note of them. Do I document this anywhere in my answer or wait for arb? The answer being correct is the most pressing issue, I want to deliver it this week if possible. I wasn't sure how with this formatted answer document I could both say a change of venue is required and answer all the allegations in the complaint. Thank you all for your help, I appreciate it so much and am reviewing and re-reviewing the forums everyday. @nobk4me @BV80 @fisthardcheese @alwayswinning36 @BackFromTheDebt SCCA703.pdf
  19. What were you suggesting I do with the attorneys? Sorry I’m new at all of this and want to do whatever I can the right way.
  20. If anyone could look at that answer form and provide a little bit of guidance on how to properly use it, I would be so very grateful. @nobk4me @BV80 @fisthardcheese
  21. You see a BOS from Comenity to Synchrony? Where? I only see one from Synchrony to PRA and it has no names or account numbers on it, it looks like it could be used for any account anywhere. Also, I have read in a few places that a BOS is not a purchase agreement and that they should have to produce the purchase agreement referenced in the BOS. Have you ever heard of anything like that? And by directly with the attorney, do you mean call the attorney’s office or...? Thank you.
  22. I went ahead and made attempts at the MTC and the Answer, if anyone would mind reviewing it...it said "check one" on the answer document so I wasn't sure if I should just do the inappropriate venue bit or if I should also answer each of the allegations in the complaint? I am going to try and file this tomorrow. I still need to work on an affidavit and not sure what the SC ones should look like or what it should say. SCCA703.pdf MTC.pdf
  23. I think they submitted that one page agreement to try and state that is the "credit card terms and agreements" but it definitely is not. They also attached a bill of sale that does not have a purchase agreement, doesn't even have my name or account number on it. They attached an affidavit from someone with "knowledge of the account" that is robosigned and is not even from the OC, it's just someone that works for PRA. No signatures in the entire packet. The packet is posted earlier in this thread if anyone has time to review it?
  24. I am looking, I literally cannot find anything. Attached is the closest thing. It's within a year of when the account charged off but it is not the same year. It's one year earlier. 2017. I don't know what else to do. But they also attached something in their documents that were served to me that IS NOT an agreement, I attached what they sent as well. I know I need this so I can do the affidavit and what not. credit agreement.pdf Nov 14, Doc 1.pdf
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