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Everything posted by Leadhead

  1. Hello, I was wondering if anyone has a copy of EX's terms & conditions, which includes an arbitration clause, from before April, 2016. I have an issue with them and I used to have their monitoring service back in mid-2014. Thanks
  2. But the claims I am alleging are federal in nature, so federal court is necessary.
  3. The OC hasn't given a reason;they've merely ignored my arbitration demand, which was sent CMRRR. JAMS sent me a letter that JAMS is closing the case, as the OC has failed to pay their necessary fees, pursuant to the OC's contract which states the will. Thus, I need to ask a federal court for an order to compel.
  4. I need to compel a CC company to arbitration, as we have a valid arbitration agreement in the card member agreement. However, the OC is refusing to do so. I've filed in JAMS, paid my fee and the OC is ignoring the demand. The issues involve TILA and FCRA matters, so it appears that I need to file what looks like a petition to compel arbitration in federal court, as federal would have subject matter jurisdiction over the claims. I'm familiar with the normal lawsuit procedure, file complaint, serve defendant, attend scheduling conference, discovery, etc. I've search quite a lot on the pr
  5. There's likely merit to an FDCPA case against them, for threatening to put you in jail. I'd likely send them a letter stating I'll not file an FDCPA action against them in exchange for satisfaction of the judgment.
  6. I would also try approaching it from teh point of what the law says. Such as, is there a law, federal or state, that states that when you close a revolving account, does the current cardmember agreement at the time of closing apply?
  7. When you say they lost, what do you mean exactly? Dismissal by the court? With or without prejudice?
  8. If it were me, I'd file a lawsuit against them for impermissibly obtaining your consumer report. They claim they had a valid reason but I'd make them prove it and based on your posted docs, I'd be willing to be they can't evidence they had a PP.
  9. Perhaps if you tell us what you're trying to file, i.e. Motion for Summary Judgment, Motion to Dismiss, whatever, someone may have a template or an actual Motion & Brief for your situation.
  10. You say the suit was back in 2001? The SOL for an FDCPA action is one year.
  11. Did you receive any documentation from the court showing the case was dismissed?
  12. Well I sent Arrow an ITS and draft complaint. They offered $500 to settle. I didn't even counter. Go figure.
  13. Big apologies... I looked at the file and it was a DISPUTE letter, not a C&D. But even if it had been C&D, I maintain that they're still required to send the written notice since under 805© they can send a "final" communication. jezter6, I've done more with less
  14. Well, well, well...I called Arrow today and talked to a rep about not receiving the 5 day letter. She admitted they didn't send it because they received my faxed C&D-dispute letter. This could get interesting.
  15. My position is that the machine message was the initial communication of the alleged debt. I can't find any case law supporting that they have to speak directly with a debtor. Also, the definition of "communication" under the FDCPA is § 803. Definitions As used in this title— (1) The term “Commission” means the Federal Trade Commission. (2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium. Their message said it regarded a Citi account but gave no amount or further info. There also wasn't the mini-miranda e
  16. Hi-A CA called me several weeks back and left a message on my answering machine regarding an alleged debt. Standard message, "this is for Mr. John Doe, blah, blah, blah...when calling back use reference # 1234546". Caller ID showed it to be Arrow. This was the initial communication. I faxed a C&D to them that same day. I never received the written notice they're supposed to sent, per FDCPA section 809. I think they violated by not sending the notice. Any thoughts?
  17. I'm with Kent in filing in state then seeing if they remove. Filing fee is much less in state, which, I'll be honest, is the reason. I had a CA awhile back calling my cell using an auto dialer, so I sued in state. They removed it to federal. I then filed a motion to remand. Once they received it, they offer to file a joint motion to remand. i tild the asshat attorney, I'd consider it but was likely to just let the judge decide. He said the judge would likely et irritated to which I responded that I wasn't the one that removed in bad faith, as the 6th circuit opined that fed courts lack ju
  18. In my experiences, CRAs and OCs usually only respond to a summons. That's not to say give an ITS a shot. Try sending the ITS to the CRA's and OC's registered agent, rather than their dispute address. Usually an attorney reviews anything theat is delivered to the RA.
  19. I assume you disputed directly with the CRA's? That's a must to have an s-2b violation. If the info came back as verified, you may have an action against bothe the CRA and the OC. You can file in small claims, but be prepared for them to remove it to federal.
  20. If you specifically asked for the OC's address, you may have a violation. 809(a)(5) states: (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
  21. Correct, Nascar. Judges like to see you at least trying to resolve an issue before calling on the court to intervene. OP, discovery is supposed to be both sides cooperating and complying with discovery amicably. But, Midland, being the poops they are, will do as Nascar has said...hem haw around, making excuses...etc. I've dealt with them before. They never had anything then, and likely don't in your case.
  22. Send them a sternly worded letter advising them they need to reply to your discovery. I'd give them 7 days to provide the responses to your disc. After that, I'd file a motion to compel or maybe a motion to deem admissions as admitted, and then follow up with MSJ or dismissal.
  23. 227((1)( ( to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the Commission under paragraph (2)(;
  24. I record EVERYTHING Seriously, it's hard to argue with a recording in court, as you play it for the judge and it's incriminating as hell. Watching the defendant's attorney is priceless.