nobk4me

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Posts posted by nobk4me


  1. 23 hours ago, elansus said:

    Update: The non-oral hearing date set by the magistrate has come and gone (Nov 29th) and just today a Status Conference has been set before the Magistrate for February 12, 2020 at 9:30 AM. Why pushed out so far? The feeling from this status conference is weird.

    Well, to be maybe a little snarky here, most lawyers and judges do virtually no work during the month of December.  Holidays, you know.  They get back to business after the first of the year.

    Is there any indication of what this conference will be about?  What you will need to prepare for it?  Has the MTC Arb been ruled on?

     


  2. On 11/24/2019 at 3:18 PM, BackFromTheDebt said:

    When things get weird, anything can happen. 
     

    Which is why I recommended earlier that EVERYTHING be well documented and saved.  
     

    This could be a mess up by the OC. This may or may not be an honest mistake.  They could verify.  
     

    This could be ID theft. 
     

    This could be one illegal skip tracing.  As I have mentioned many times in the past, I got one of the most dogged OCs to drop a case with illegal skip tracing they refused to investigate.  
     

    We don’t know what is going on.  The OC may handle this correctly, and there may be no violation.  Or, the OC could mess this up and the OP saving all the evidence could blow this up in the OC’s faces. 
     

    When an OC did some illegal skip tracing on my wife’s account, we got the OC to walk away and also got a law firm to pay a couple of dimes for their violations.  So don’t assume this is just an innocent thing for which you have no recourse.  Even if it is innocent, they may well be willing to make an extremely favorable settlement to avoid having to explain to a judge or arbitrator why they presumed you dead without any evidence.  

    Not trying to hijack the thread here, but could you explain what is meant by "illegal skip tracing?"


  3. 18 hours ago, elansus said:

    Correct. If the magistrate denies my motion I will have plenty of time to file an appeal and I can amend it to admitting to having an account with the OC but not admitting to the debt.

    Now I am working on getting these interrogatories, admissions and request for documents since they need to be filed/returned Wednesday this week so I want to get them out tomorrow.

    This is discovery sent to you by the plaintiff, correct?  You are planning to object to them, right?  Because if you answer them with anything other than an objection, that could be construed as participating in litigation, which could waive your arbitration rights.

    The best response to all of them is: OBJECTION.  Arbitration has been elected, and a jurisdictional motion is pending in this court.  The scope of discovery is to be determined by the arbitration forum.

    • Like 1

  4. 21 hours ago, rburns515 said:

    Recently I sent a validation letter to NCB Collection Agency.   Here is their response...

    "We have received your dispute notice concerning your account with us.   
    After conducting an investigation, we have been unable to substantiate the allegations in your dispute.   Should you have additional relevant information or documentation not previously submitted, please mail these items to us along with your name, address and account number at the address listed below as soon as possible.

    Sincerely,

    NCB Dispute Investigation Department"

    What does this mean?   Is this a failure to validate the debt and admiting it?   What should my next step be?

    Thanks so much for all your help!

    This is their standard response to a dispute letter.  I have found NCB to be a relatively non-aggressive collection agency.  They don't sue.  But they do put a negative trade line on your credit report.  If you are trying to clean up your credit, paying them is probably the only way to remove it.  


  5. On 11/16/2019 at 4:32 PM, seniordesigner said:

    I live in Louisiana and I am being sued by the same attorneys for a debt collector.  I was served with a Summons and had to submit a Answer to local court within 10 days of receipt of summons.  I just received a letter from EATON GROUP LLC (communication with a debt collector).  I have to complete a Note interrogatories, Surrender interrogatories, and a Request for Genuineness of Documents/ Request for Production of Documents within 30 days.  Can someone help me also?

    It would help if you would start your own thread, and answer the questions listed here:

     


  6. 23 hours ago, Nana2709 said:

    Understood. 

    I'm a person of ethic background and would have liked at least to have that as an option. Not necessarily the biggest indicatior of who I would have picked but just little taken back. 

    They're all judges btw

    I agree with the folks here who have said to focus on the background and experiences of the potential arbitrators, not their ethnicity.

    Not all white people are your enemy, and not all people of color are your friends.  For example, in the Chicago JAMS office there is an African-American woman arbitrator,. with the last name same as two recent presidents (41 and 43), who has a reputation (based on reports of people who had her as the arbitrator in their cases) as being anti-consumer and pro-creditor.


  7. On 11/7/2019 at 3:15 PM, Clydesmom said:

    Not in this day and age.  The latest tactic (and it has been around for 2-3 years) is to remove the trade line(s) just prior to litigating to eliminate counter claims in the court case.  It has become a LOT more common these days.  Once the case is over the trade line is re-inserted.

    OK, I have been thinking about this.  When an account is sold to a JDB, there should be 2 tradelines.  One from the OC, and one from the JDB.  The tradeline from the OC should indicate it was transferred or sold to another lender.  

    I can see the JDB removing its tradeline, as you have described.  But that shouldn't have any impact on the OC's tradeline, which should remain for the full 7 years.  If I am understanding correctly, the OP is saying the OC's tradeline is gone as well.  I doubt if the JDB could control how the OC reports to the credit bureaus.


  8. Maybe I missed it, but what was the last payment date on this account?  The reason I ask is Florida has a borrowing statute for SOL.  Barclays is in Delaware, where the SOL is 3 years.   That the account is not on your credit reports suggests it might be too old to sue on.  If your last payment was more than 3 years before the date the plaintiff filed suit, you should have a SOL defense, which I would use instead of arbitration.  (But arbitration should work, too.)  SOL case law:  L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006)


  9. Oh, and unless there is an actual hearing or trial, you will be dealing with the court clerk when filing papers.  Not the judge.  In fact, the judge shouldn't be communicating with you, without the other party present.  That's ex parte communication, which is forbidden.  It works the other way too.  The judge can't communicate only with the plaintiff, either.


  10. Some advice to others in Ohio:  when you prepare the MTC Arb, include as part of your proposed order that the plaintiff be ordered to initiate the arbitration, in accordance with Capital One v. Rotman.

    Unless there is a valid reason for the defendant to want to initiate arb.  Such as, the clause includes both JAMS and AAA, and the defendant prefers JAMS.  If the plaintiff initiates, it's their choice, not yours.

    • Like 1

  11. 2 hours ago, Ballerina72 said:

    Update: The judge granted the motion to set aside, as well as motion for new trial. I sill can't find a 2003 cc agreement for Capital One, so I want to proceed as if I won't be able to use ARB. Am I allowed to use prior mistakes by the court and plaintiff in the new trial or does all that go away with the granted new trial?

    If you can't find a 2003 agreement, maybe you can find one from another date, when your account was active, and when arb was available?


  12. 4 minutes ago, Sincetel said:

    Thanks, I am going with option 1. I already printed out the forms I need to fill out for them so i will fill those out and send those in by this weekend.

    Quick question, a dumb one. In the user agreement it says if I elect arb i have to inform credit1. Obviously they sold my accounts so do i still inform credit1 or do they officially have nothing to do with it and just inform the actual attorney, in other words I'm assuming means send them (attorney) a copy of the AAA Forms?

    No, you don't have to inform the OC.  Just the JDB's attorney.  The OC is out of the picture at this point.


  13. 7 hours ago, Sincetel said:

    Court is finished and this is what she gave me. Is this what I was looking for or still some work to do?

    Edit- Thought I had a choice on jams or aaa but looks like aaa is only what's listed in the credit1 agreement.

     

    20191104_095719.jpg

     

    The case is stayed, which is the good news.  The bad news is the court is requiring you to initiate the arbitration, which is contrary to Ohio law.   You have two options:  1.  just go ahead and initiate the arb with AAA; or 2.  file a motion for reconsideration. citing the Capital One v. Rotman case.

    Option 1 has the disadvantage of costing you some money in arb fees (but, check the agreement, as sometimes they state the creditor will advance or pay for the arb filing fee).  Option 1 has the advantage of complying with the court's order and probably bringing the case to a rapid end.

    Option 2 has the advantage of saving you the arb filing fee.  The disadvantage is asking for reconsideration could give the court the opportunity to change their mind and deny your arb motion altogether.  Perhaps unlikely, but you never know.  Courts are often a crapshoot.


  14. 7 hours ago, Sincetel said:

    Also, soon as I got there the attorney pulls me to the side trying to negotiate. $1000 was lowest he could settle. He then said I understand you elected arb, I am not trying to scare you but I just had a case that arb was elected and they billed them $3,000. lol. I was thinking BS!

    Total BS.  Consumer rules in both JAMS and AAA limit arb fees to the consumer:  $250 for JAMS, $200 for AAA.


  15. And:  if the plaintiff claims your motion should not be granted because you have not initiated the arbitration with the arb forum, no, that is not the law in Ohio.  See Capital One v. Rotman

    https://www.courtlistener.com/pdf/2012/02/09/capital_one_bank_usa_n.a._v._rotman.pdf

     

    It is the plaintiff's responsibility to initiate the arbitration.  And this is a case from your appellate circuit (Cuyahoga Co.), so it is controlling law in your court.