nobk4me

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Everything posted by nobk4me

  1. MG05, I suspect they have already been sued, and the lawyer lied to them. Hence my suggestions. I am also a believer in not putting all one's eggs into one basket, and being prepared for worst-case scenarios, and having alternative strategies.
  2. nobk4me

    Filing with JAMS

    This is my understanding of the process. Is it correct? I need to print out the form here: http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf and fill it out, and send it CMRRR to the creditor, then send it (2 copies), with the contract, and the USPS green cards, to JAMS, to the office nearest me? And I don't pay the filing fee? How to I specify that it is a consumer case, hence the fee is only $250? And how do I get a fee waiver? The last page on the pdf is for cases filed in California. How detailed do I need to be in my claim against the creditor (FDCPA, FCRA, state consumer law violations)? Should I specify a dollar amount of damages? As for the contract: I have one from Trueq that names JAMS, and I have one that the creditor included in the complaint, that names NAF but allows substitution of forums if NAF is unavailable. Which should I use?
  3. Have you checked with your local court to see if a lawsuit has been filed? Usually that's how you get letters from other attorneys saying a suit has been filed. They continually check the courts, where the suits are a matter of public record, and send out these letters to drum up business. Don't be surprised if the Discover attorneys have lied to you. And the courts often have websites where you can check online. I would send a letter electing arbitration. And be prepared to defend the case in court. I would recommend filing a motion to dismiss or alternatively to stay pending arbitration even before filing your answer.
  4. That's what you should have done, filed a motion to dismiss or in the alternative stay the case pending arbitration. I would suggest doing that, if choosing the arbitration stategy, before filing an answer. The point of arbitration, in addition to jacking up the creditor's costs, is to deny the jurisdiction of the Maybury pro-creditor railroad court. So a jurisdictional challenge needs to be made at the earliest opportunity. I don't know if it's too late for you to do that. You could always try it.
  5. Did you send debt validation letters to NCO and NCB? You should, to make them prove who owns the account and that they have the right to collect. Also, how is this account being reported on your credit report? That would show whether Advanta still owns it. NCO is usually a JDB, I think. And I have dealt with NCB, as a collection agency for a JDB which bought a charged-off Advanta account. The point being, you might be dealing with JDBs, not Advanta at this point. The balance you mention is about what mine was. Apparently Advanta sells off their smaller accounts.
  6. Just wondering, could "fraud, misrepresentation or other misconduct of an adverse party" include concealing the presence of the arbitration clause, thereby depriving the defendant of the right to arbitrate the dispute? The plaintiff claimed there was no contract, and was unable (or unwilling) to produce it. The problem is, this was a consent judgment. I signed it, in an atmosphere of duress and bait and switch by the court, thinking it was probably the best deal I could get: affordable monthly payments. But now there is the pressure to pay more.
  7. Instead of saying you are being forced to file a claim against yourself (is this even possible?), why not say you are filing a claim against LVNV for their violations of FDCPA and state consumer law. LVNV then can counterclaim you for the debt.
  8. I'm not familiar with the law firm but am with Citibank's litigation. If they still own the account, expect them to have years' worth of statements, and be able to produce a witness. They did in my case. I would exercise the arbitration clause in a DV letter to the law firm.
  9. Who is the OC? What does the arbitration clause say about who pays the fees? Many of these arb clauses have provisions for the creditor to advance to the cardholder (debtor) any filing fees for arbitration. Would you be able to get a fee waiver? If not, are you able to pay the filing fees? If you are broke, I suspect they are wording this such that you would be forced to pay fees you can't afford, thus hoping you will drop the arbitration idea. Also, is the 30 days long enough? Especially if you need to get a fee waiver? Just some issues to ponder.
  10. If you are represented by an attorney, and the OC has been informed of that, then they should not be contacting you directly. I'm not sure about the OC contacting you instead of having their lawyers do it.
  11. I think the legal principle is respondeat superior, meaning that the employer is responsible for the actions of its employee or contractor.
  12. If they are suing for breach of contract, wouldn't they have to produce said contract, at some point?
  13. It's not clear who the plaintiff is or who owns the account. It sounds like a JDB is suing you, for an account they bought from Cap One. Read up on defeating JDBs, and also on arbitration, in the legal forum
  14. PNC bought National City last year. So if there is a PNC agreement with an arb clause out there, could that be applicable to National City accounts?
  15. Check out Ohio's Consumer Sales Practices law, ORC 1345, which has $5000 "non-economic" damages, in addition to actual damages and recission of the transaction. There is case law holding that violations of FDCPA are also violations of ORC 1345.
  16. OK, in Ohio you can be served by mail. Usually it's by certified mail, but if they can't do it by certified they send it by regular mail. You have 28 days from the time you received it in which to answer. You file the answer with the court and a copy to the Plaintiff's attorney. Check out the Ohio Rules of Civil Procedure for more info on answering a complaint. You should deny their allegations. And offer some affirmative defenses. There are samples on this site and elsewhere on the net. It sounds like you are being sued by a Junk Debt Buyer. So they are not as likely to prove their case as an OC. But that's if you fight back. The JDBs thrive on default judgments, which is what they will get if you don't file an answer. Also, read up on arbitration. The Chase agreement has an arbitration clause which means, if you elect arbitration, that waives their right to litigate in court.
  17. Would you be willing to identify the affiant and the notary on the BofA affidavit? If not in a public forum, then by PM? Also, are their signatures legible, or scribbled? I am also dealing with a JDB on an alleged former BofA account, and I suspect these affidavits are forged. Any info I can collect on the JDBs' Modus Operandi will help expose them.
  18. This sounds like one of my cases. A JDB sued and claimed, in some pleadings, the OC was BofA and in others, the OC was the local NFL team which branded an affinity card issued by BofA. The NFL team is not in the credit business and does not issue credit cards. And I never entered into a contract with the NFL team for anything. Maybe there is a boilerplate form these JDB attorneys use and they fill in the blanks wrong. Just more holes in their case, as far as I am concerned.
  19. I've got one. I will need to snail mail hard copy. Please PM me with your address.
  20. Actually there is a fictional account of a future world where debtors are public enemy #1, and are forced to wear a B, like a scarlet letter, (for declaring bankruptcy more than once) in the Writer's Block section of the Mental Militia forums.
  21. Scherr is part of the CACH/CACV/Collect America JDB network of lawyers. I was first contacted by his office. They never responded to my DV letter, but kept sending dunning letters (violation). After about 9 months the account was sent to an in-state attorney, who sued me. I used the arbitration strategy to place the case in stay mode. The in-state lawyer was able to get an account statement and an affidavit supposedly from the OC (BofA), but I suspect it is fraudulent. Send Scherr a DV letter and elect arbitration in it.
  22. Wouldn't it depend on the wording of the arb clause in the contract? In the BofA clause, that I am most familiar with, the arb clause is binding on assigns and purchasers of debt and survives the sale of the debt. What I would do if the account goes to a JDB is elect arbitration again, and again, and again . . . all the way down the chain of sales. Until it is out of statute.
  23. Wow, that "hearing" was the pits, and makes my local Maybury court look super-professional. Have you checked your state laws on arbitration? In my state a court must stay the proceeding pending arb if there is an arb clause in the contract. There is NO discretion, the statute says "shall." And a decision either way is immediately appealable. I'm guessing the state law is modeled on the Federal Arb Act, so your state law may be similar. What I did in my case was file a Motion to Dismiss, or alternatively, Motion to Stay pending arbitration, based on state law. My motion to dismiss was not granted, even though it should have been, since the JDB attorney didn't even bother to respond to it, so I should have won by default. But the motion to stay was granted. As for the plaintiff attorney's behavior, perhaps a complaint with the state bar assn, or other attorney disclipinary bodies, is in order? And there should be something in your state laws or RCP for disqualification of magistrates and judges.
  24. saint al, according to the LinkedIn page, she was with MBNA, which was later incorporated into BofA, since 1990. So if it was an MBNA account, she may be a valid witness. However, that assumes she really did sign the affidavit. And when did she allegedly sign it? At the time of the sale of the account to the JDB, or more recently, that is, in preparation for litigation? If the latter, my understanding is that the affidavit would be inherently untrustworthy.
  25. How convenient, yet another OC alleged affiant with a LinkedIn page. At least this one appears to work in the area of asset sales. So she's in Philadelphia, but the notary was from Delaware? Have you checked out the notary with Delaware? saint al, were the signatures legible, or were they scribbles anyone could make? One of the afffidavits I found (referenced in another forum) even had the job title left blank. In my case the job title was Bank Officer. Rather generic, isn't it? I suspect the JDB industry has boilerplate affidavits and lists of names they can forge. You should research everything you can about these people. Google your affiant's name and the OC name. That's how I found the LinkedIn sites. The BofA affiants I have found are Brian Kilpatrick and Vicki Kyle, both in NC. The HSBC affiant was Stuart Austin from NV.