jkg3

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jkg3 last won the day on April 22 2010

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About jkg3

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  1. No judge is going to award them court costs over this matter. Pay JAMS the $50 and get the ball rolling. They won't follow you into arbitration.
  2. I read the complaint on PACER. The case is all about the plaintiff's right to arbitration being denied. This is why arbitration is such a powerful tool, and why the banks hate it. Now that NAF is gone from the field, the banks are forced to play by rules they cannot control. That is the entire point of this lawsuit. She was denied her contractual right to arbitrate, and instead was hit with a SJ after gutter service.
  3. That is a good attorney, for two reasons - 1. He isn't pretending to know it all. 2. He isn't trying to charge you $2000 so you can end up with a judgment anyway. Everything he said is correct, in my opinion. Debt collection attorneys operate on fear and intimidation. Stand up to them and suddenly all their BS goes away.
  4. jkg3

    Cach062/FIA-BofA

    I forgot to add - If the OC no longer owns any debt related to you, you might consider suing the OC for violating your state's unfair trade law. They gave you a contract that they knew was designed to take advantage of you. Especially that lopsides BOA agreement with NAF in it. I bet that debt would get repurchased from the JDB really fast.
  5. jkg3

    Cach062/FIA-BofA

    For sure you should remind them in the DV letter that you have elected arbitration. Do not let them know that you do not have the agreement. Insert a line in the letter reminding them to forward the letter to anyone else involved in the process, so there is no confusion about your desire to arbitrate. Send the letter certified return receipt mail. When their attorney ignores your arbitration decision, sue the attorney.
  6. You need to provide more detail. What type of company is this contract with?
  7. This is why you don't let it end there. Sue the attorney for violating the FDCPA or state law.
  8. Sue any attorney who sues you on behalf of a JDB, citing a FDCPA violation. They will be too afraid to show in court.
  9. This is the kingpin of all creditor disputes. They operate on fear. If you recoil in fear when they contact you, they will pursue you. If you pick up a chain and start swinging it wildly above your head while running toward them, they will go away.
  10. Did they letter contain a threat of a lawsuit? Send them a simple valdiation letter, and include a reminder that you have previously elected arbitration. Make sure to send it certified return receipt. I dispute this debt. Please provide validation. This letter serves as your reminder that I have previously elected arbitration to resolve disputes with Discover Financial Services. If they make further threats, sue them.
  11. Make no mistake, arbitration is hitting their bottom line. That is why they removed it from their agreements.
  12. Sue the attorney under Michigan law. File the case in small claims court. Here is the Michigan law: http://www.legislature.mi.gov/(S(dqzwmu55ok0dem3oj3h41z55))/mileg.aspx?page=getobject&objectname=mcl-act-70-of-1981 445.251 Definitions. Sec. 1. As used in this act: (g) “Regulated person” means a person whose collection activities are confined and are directly related to the operation of a business other than that of a collection agency including the following: (xi) An attorney handling claims and collections on behalf of a client and in the attorney's own name. d) “Consumer” or “debtor” means a natural person obligated or allegedly obligated to pay a debt. 445.252 Prohibited acts. Sec. 2. A regulated person shall not commit 1 or more of the following acts: (f) Misrepresenting in a communication with a debtor 1 or more of the following: (i) The legal status of a legal action being taken or threatened. (ii) The legal rights of the creditor or debtor. 445.257 Action for damages or equitable relief; amount of recovery; civil fine; attorney's fees and court costs. Sec. 7. (1) A person who suffers injury, loss, or damage, or from whom money was collected by the use of a method, act, or practice in violation of this act may bring an action for damages or other equitable relief. (2) In an action brought pursuant to subsection (1), if the court finds for the petitioner, recovery shall be in the amount of actual damages or $50.00, whichever is greater. If the court finds that the method, act, or practice was a wilful violation, the court may assess a civil fine of not less than 3 times the actual damages, or $150.00, whichever is greater, and shall award reasonable attorney's fees and court costs incurred in connection with the action. If the attorney tries to claim you cannot sue them because you do not meet the definition of a consumer or debtor, ask them how they can claim you are obligated to pay them. At the same time, file a complaint with the Office of the Comptroller of the Currency at: http://www.helpwithmybank.gov/ Use the online complaint form to speed things up. Cap1 will get the complaint in a day or two, and will promptly act on it. Explain the situation in the complaint and ask the OCC to investigate why Capital One put an arbitration agreement in their contract if they never intended it to be used by a customer. Ask the OCC to compel Cap1 to enter arbitration with you.
  13. Forgot to post the link: http://www.resourcemanagement.com/FTC_talks.html "Some creditors have expressed concern to us regarding their responsibility in ensuring agency compliance with the FDCPA. Any comments about that, particularly in the area of auditing agencies and what creditors should do?"
  14. That's not technically correct, but it does not mean you cannot sue. They may pay to avoid litigation. Read this when you have a chance: "Some creditors have expressed concern to us regarding their responsibility in ensuring agency compliance with the FDCPA. Any comments about that, particularly in the area of auditing agencies and what creditors should do?"