nickysduck2

Members
  • Content Count

    76
  • Joined

  • Last visited

Everything posted by nickysduck2

  1. Their offer expires Feb 18th. The $25 per month is for the full amount of $745.78. I will take your advice and call them up and offer them $200. Thanks so much!
  2. Ok I have 2 different cases. This thead is for my husband's debt and they offered him payments in writing of $25. He wants to accept just need to know if its best to just mail a check or write them accepting their offer with my/his first check included. My other case is mine and I have already been sued but am judgement proof, live in a non community property state so if they don't accept what I offer they get nothing. On my lawsuit I am honestly just thinking about offering $25 as well just so I can move on and if they deny it or fail to respond then Im just not going to worry. I'll sho
  3. The fee for the lawyer is more than I can afford now that the summons has been served and he can't just make a phone call to talk them out of it. Im forced to handle this myself now. I honestly think the easiest thing to do is show up in court and in the hallway meeting offer them $25 per month and they either take it or leave it. Im judgement proof and on a very limited and tight income and this would be more feasable than stressing over it and ruining my health from the constant worry. I am wondering if I should write them a letter offering this amount before the court date or just go
  4. Here is a copy of the cc agreement attached. It does not say that if we are they elected arb both parties revoke the right to pursue any claims in a court of law. Am I screwed? Dell_CIT_agreement.pdf
  5. I was officially served he summons this morning for my case. I spoke to an attorney and was considering hiring him but financially I really can't afford to. The lawyer I spoke to said since I am self employed and paid in cash I was judgment proof so even if they do get a judgement, provided I close my checking account and file my state exemptions they can never collect on it. The judge in this case almost never allows MTC for arb. He is of the opinion that if you are already in a court it should just be handled there so my chances are slim of getting a mtc granted. I am still willing to t
  6. My husband owes a credit card bill that was sold to Portfolio Recovery. Instead of fighting this he wants to just accept their installment offer of $25 per month. I am going to write them and accept this offer. Before I write anything is there anything specific I would be wise to include? I am asking them to cease all phone calls but just want to make sure I cover all our bases. Does this letter need to be sent CMRR or is delivery confirmation ok? I can't get to the post office to do CMRR for a couple weeks because they close before am able to get off.
  7. Thanks but this all seems way too confusing. I thought if I elected arb and initiated based on the cc agreement they had to obey the cc agreement ? We are really struggling financially,living week to week and can't afford to pay a lump sum settlement on this but im beginning to think it might just be best to accept the payment terms they just mailed and leave it at that.
  8. So I should just send a letter letting them know I am initiating arb alomg with my initiation paperwork and make no mention of a request for dv?
  9. PRA does file small claims suits in my local court which is why Im thinking I need to elect arb to prevent that. I was offered a settlement in their last letter but can't afford the terms and have'nt responded. So bottom line I understand there are no guarantees here, but I am prepared to go ahead and initiate a claim against PRA to show im not bluffing. I am gambling that they won't pay the fees on only a $745 debt.
  10. Ok thanks. I appreciate all the info here and your time spent posting. Really means a lot!
  11. Thanks for all the info. I am still going to take my chances on arb. I still have not received a 2015 of the citibank agreement despite a hundred google searches but filed a complaint with a consumer finance website and they called me and said Home Depot was mailing me one but who knows how long that will take. In the event that PRA does pay thousands of dollars in arb to collect such a small amount will a repayment plan be something we can negotiate in arb or is a judgement entered without negotiations should I lose?
  12. In reading all of this I am even more confused than ever. In this case I have received 2 letters from the jdb and there has been no mention of a lawsuit at this point. I was advised on debtorboards to send a leter to the jdb electing arb and then file a claim with JAMS (Im applying for a fee waiver) and include the application papers with my letter to the jdb. Since the debt is only $750 it is predicted that the jdb (PRA) won't pay the fees. What I am concerned about is the fact that I have no violations against PRA. Im going to initiate a claim because saying I am without actually doin
  13. I downloaded the Jan 2016 archives but could'nt open the file. Sue wish somebody had a 2015 citibank agreement they could email me. I called Citibank and because the account is closed and sold to a jbd they refused to send me one. I filed a complaint against them for denying me a copy. I really can't get started on anything until I get a 2015 copy of this cc agreement.
  14. Thanks so much for all your help. I requested a copy of the 2015 cc agreement from citibank. I think i understand what to do now. I will write them saying " I dispute this debt in its entirety. You may communicate with me by mail only. All calls to any phone number associated with me or this account are inconvenient. That includes work numbers. I also revoke any prior express consent to call my cell phone for any reason. In the event of litigation, I intend to exercise my right to private contractual arbitration as specified in the applicable credit card agreement." On
  15. Thanks. I have not requested dv yet. The first letter they mailed me was delivered to my neighbor by mistake back in October and im only just getting it so the 30 days to request dv is over. I am going to tell them in my dv letter that I noticed their info on my credit report and request it anyway. There is an arbitration thread on debtorboards.com that says .. " Somwhere in DV put, "If there is an underlying arbitration clause associated with this claim, I hereby exercise it, and waive your litigation rights to this claim, per the underlying arbitration clause."You should also make a d
  16. I need a 2015 copy of the Citibank N.A Home Depot agreement. I found the 2016 version on the citibank website but it says only AAA can be used if arbitration is elected. My debt is $745 and their filing fee is $750 and total fee is $800 so would electing arb still be smart? Im not sure if the 2015 has JAMS.
  17. I actually did but was told if I did'nt file a claim when I elected it would be considered a bluff and I could look forward to this.. "The defendant indicated that (he) wanted to exercise the arbitration clause in the contract. Thereafter, defendant did NOT exercise the arbitration clause in a timely fashion. Therefore, Plaintiff avers that this was nothing more than a delaying tactic designed to thwart the system. Defendant believes that once arbitration is "elected," court actions are permanently stayed. Defendant then refused to file a case, thinking that this chicanery precludes any a
  18. I am not able to watch cases at the court house because I have to work. I have been to court 2 times though and kinda know what to expect. My court does not require an answer be filed but instead you just show up on your court date. I don't think I can file a MTC before the court date based on what the clerks keep saying either so this is why im so nervous. I can send the MTC to the plaintiff and then I have to just wait and see what happens. At least my court date is far enough off to give me time to prepare myself emotionally for this.
  19. When sending a dv letter to a creditor on a debt with an arbitration clause, can I elect that all disputes be settled in arb using JAMS without having to file or initiate a claim? I am being sued on another debt because I never elected arb before PRA sued and I now have another new debt that PRA has just purchased so I want to elect before they sue. Someone told me in another forum that if I elected I had to initiate a claim or else its just a bluff. Im confused because I have only received one letter from them and have no violations to sue them on so why would I file a case in arb just to kee
  20. If it is past 30 days since they first sent collection letter can I still send them a dv letter electing arb with JAMS? I received a letter back in October and haven't heard anything since but I have not responded. I know there is an arb agreement. Its for Citibank N.A. (Home Depot) but I can't find a 2015 copy anywhere. I even searched the cfpb website.
  21. Thank you all so much for the help. You have no idea how terrified I am of facing a judge. My brain freezes up and I can't talk or remember what to say when anxiety takes over.I sometimes have panic attacks. I was really hoping I could notify the plantiff in writing of my MTC arb and it might help get this thrown out before the court date because im certain i will screw this up if I have to go before the judge. Im preparing to close my bank account. Since im self employed im pretty much judgement proof given my state's exemptions but still on guard and scared. I called the court today
  22. Ok I have another question. I am trying to find an appropriate sample arb letter to edit and send to Portfolio. I found this one which uses a capitol one arb clause below... NOTICE OF ARBITRATION ELECTION Pursuant to Capital One cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes. As per the agreement, "If you or we elect arbitration of a claim, neither you nor we will have the right to pursue that claim in court or before a judge or jury." The agreement
  23. Ok thanks! Should I go to the court house in person and file a MTC with the clerk just to be safe or just send it to the plaintiff certified mail only? Im not even sure my court permits that sort of thing given the clerk was clueless when I ask her over the phone.