nobk4me

Members
  • Content Count

    1,851
  • Joined

  • Last visited

  • Days Won

    33

Everything posted by nobk4me

  1. Yes, that's what it means. They won't force you to use arb, but you can still choose arb if you want it.
  2. Look in the original Dell agreement for the arb clause. And look here for info on the arbitration strategy:
  3. Doing "the right thing" is the wrong thing when dealing with these people. You thought they would act in good faith, but they did not. You ended up with a default judgment because you trusted them. Always get an agreement in writing before paying.
  4. That looks like a basic dunning letter. Giving notice of your right to dispute the debt. They haven't sued you yet, I am guessing? But it is likely they will. Keep a watch on your local court (it should have online record search) to see when they sue you, and to generally keep up on the case. Since the amount is small, they would sue you in the local municipal court, not the county common pleas court.
  5. Probably two things determine whether cases can be combined. 1. the cardmember agreement arb clauses; 2. AAA rules.
  6. Please see this thread from a poster in Ohio. I have included a step by step outline of what needs to be done, and when.
  7. Not necessary in Ohio. The plaintiff here is a JDB, and JDBs can't use small claims court in Ohio.
  8. In theory, you are right. But I have seen a number of posts on this site and others like it where that in fact happened.
  9. More thoughts: IF this account is in fact time-barred by Delaware law, and thus also in CA pursuant to Resurgence v. Chambers, then the law firm may have violated the FDCPA and California's Rosenthal Act, by threatening an action that cannot be legally taken. I would consult with a consumer attorney. You could get $1K under FDCPA, and probably more under state law. H&H would also pay your attorney's fees, so there is no cost to you. Maybe @calawyer can chime in here?
  10. No experience with this, but if you think it's in your best interests, go for it. Just some cautions: watch out for a 1099-C on the balance of the debt. Meaning it's considered taxable income. If that could result in an unacceptable tax burden, you might be able to claim insolvency via a Form 982. Also: I would insist on a written agreement that PRA will not sell the balance to another JDB.
  11. Yes, that's it. This section: I. Arbitration and jury trial waiver
  12. More on the statute of limitations (SOL) defense: Resurgence v. Chambers: https://caselaw.findlaw.com/ca-superior-court/1289969.html Barclays operates in the United States as a Delaware corporation, and its cardmember agreements specify that Delaware law governs. Example (this may not apply to your actual account) found in CFPB database: https://www.consumerfinance.gov/credit-cards/agreements/issuer/barclays-bank-delaware/ So, in California, this debt should be time-barred 3 years after the last payment.
  13. Bumping this. I don't know the answer to your question, but I can give you my experience. I defaulted in 2008, well over a dozen accounts. I have only received four 1099-Cs. All were in different years. All were from OCs. None from JDBs. The most unusual one was from Chase. This was an account that, according to my credit reports, was sold to a JDB. Apparently the JDB sold the debt back to Chase, which promptly issued the 1099-C. It was large enough that I had to file Form 982. No problems with that, yet, from IRS. I think this was a result of the CFPB ruling on Chase. The JDBs holding Chase debts couldn't sue on them, or sell them on, but could sell them back to Chase. So I am guessing, in that kind of scenario, if a JDB sells the debt back to the OC, you could get a 1099-C at any time.
  14. I believe Comenity has a nice arbitration clause. So I would use the arbitration strategy. Details here:
  15. I would send a simple DV letter: "I hereby dispute this alleged debt. Please validate." Start researching legal strategies now. One: arbitration. Two: SOL, re a borrowing statute. I think there is a CA case Resurgence v. Chambers (I think that's the case??) that asserts that CA borrows other states' shorter SOLs. Is Barclay based in Delaware? If so, SOL there is 3 years.
  16. And if you have questions or concerns, post them here. People will help you. I might add a couple of things to my previous post. File the answer first, and the MTC Arb soon after. I wouldn't delay on that. The sooner the court, and the plaintiff, see there is a jurisdictional issue, the better. It's possible the plaintiff, after you file the answer, will send you discovery, meaning, interrogatories, requests for admissions, requests for production of documents. The proper way to deal with these, if you are using the arbitration strategy, is to object to all of them, on the basis that you are pursuing arbitration, and the scope of discovery is to be determined by the arb forum. And: keep a watch on the court case through the court's online record search. You don't want to be caught by surprise by anything.
  17. Let's just say this lingering served me well in a FDCPA case - misrepresenting the legal status of a debt. Can't say more.
  18. I would wait until the arb motion is granted. It's possible the JDB will dismiss at that point. Or the court may require you to file the arbitration. If so, do it. I would use JAMS, which is reportedly more consumer friendly and more expensive for the creditor. The whole key to the arb strategy is changing the cost-benefit analysis of debt collection to be unfavorable to the creditor.
  19. File the answer first, then the MTC Arb. If you moved from PR to Oregon only two years into the SOL, then I think you can't raise the SOL defense, as it was still alive in PR then.
  20. Here it is, step by step. 1. Wait until you are served. The court is probably sending the summons by certified mail. You could sign for it, or gain a little more time by not claiming the certified mail (don't answer the door when the mail carrier comes, and don't go to the post office to pick it up). Then the court will send the summons by regular mail. After you served, you will have 28 days in which to answer the lawsuit. 2. File your answer. I would just deny all their claims, except your name and address, and include an affirmative defense, that the court lacks jurisdiction due to a binding arbitration clause in the cardmember agreement. 3. File the MTC Arb. Samples are in this link: And, if you post a draft here, we can help you with it. Also, look up posts by MikeB35, on his fight in Ohio - examples are there as well. 4. Wait and see what the JDB, and the court will do. The plaintiff might dismiss. Or they might file a response to your motion. The court may hold a motion hearing. But, the ultimate result is the motion will probably be granted (95% + probability - the law favors arb). 5. Do not file a case in JAMS or AAA until the arb motion has been granted. See what the court says - they might require you to file the arbitration. If so, do it. But, there is case law in Ohio that the plaintiff is responsible for filing the arbitration (Capital One v. Rotman). ______________ Most probable outcome using this strategy: Your MTC Arb is granted, the case is stayed, the JDB dismisses the case, and you pay them NOTHING. This strategy works. I used it, and paid the JDB $0!
  21. This is the best strategy for defeating a JDB where the OC is Synchrony - arbitration. Unless you might be able to raise a Statute of Limitations defense - not sure about that. I think it depends on when you moved from Puerto Rico to Oregon.