donqII

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About donqII

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    Pennsylvania
  1. I plan to try, anyway. IF I need to... We shall see. I am early in the game... I am talking about my SOLs kicking in about a year from now. The rules may change...
  2. Ok, here is the thing. On a couple of accounts there were token payments made and on the balance of the accounts there were $10.00 payments made. These were not made by me and it is a very long story, not for here. But, because in July 2009, when I pulled my credit reports, and again in July 2011 when I pulled them... They all show the first delinquency as posted the same.... well before the token payments... that never came close to bringing any account current. They also all were charged off at the appropriate time, even with the token payments. One account has the charge off and date of last payment in the same month. And 3 accounts have payments that could not have been made. Since the date of first delinquency has not changed, and the charge off info is there and there is no further update or correction to these accounts by the creditor.... Would the date of first delinquency still hold, being it is on the reports?
  3. I have spent a lot of time today researching SOLs. By and large it appears that the larger consensus of the clock starting to tick on this is the Date of First Delinquency, and not the Date of Last Activity. Here is my question. There are a lot of states that say a payment, or partial payment or promise to pay does not restart your SOL. There are a lot of states, mine included, that says even a partial payment will restart the sol. IF, on your credit report, there is a Date of First Delinquency posted along with a notation that there was a last payment made months after the date of first delinquency , and then the account was charged off... shortly there after.... am I correct in assuming that the posted date of first delinquency would be the date I would go by?
  4. You can tape the conversation, but be careful. Pa. is a two party state and therefore, for you to be able to really use this against them, you need to tell them the call is being recorded.... Also, I sent you a PM
  5. donqII

    FaceBook sucks!!!

    I agree.... and their branch out is a farce... However, you can always type in a search for who you want.
  6. One last thing. You should always refer to credit card agreement arbitration as private contractual arbitration.
  7. Sorry, I have been off for a while. Yes, this looks good. You need to find out how you present a motion in your court. You may be able to just file it, but maybe not. In my state/area I need to find out when motions court is heard, notice the other side 3 full days before presenting it, sop they can( if they want to) be there, and then just go. I can file mine before or after. Other states actually schedule motions for you to be heard on a specific date or time. A call to your court should answer that. ALWAYS prepare a court order for the judge. They like that BUT I WOULD ADD THIS TO YOUR COURT ORDER. The Defendant's motion to compel arbitration is granted and this case is stayed, pending the outcome of private contractual arbitration Also, start your study on claims and counter claims. If they initiate, you will need to file counterclaims. That gives the weight to the arbitration. There are a lot of possibilities and the area that I linked you to will offer a lot of advice on this, as well as people will be able to help, there. Just get your motion presented in your court according to their rules. If the plaintiff moves to get this into further litigation, after you do that, it will be a violation (claim). Even now, that you have elected it is a violation. But if your court has not ruled on your motion before the plaintiff gets heard in court, then you stand a very great chance of you motion being denied.
  8. No, not if you are early enough.... It is true that you must get to it right out of the gate, but if you elect , then move the court, and it is denied... you can appeal to Federal court... if need be.
  9. I am talking about private contractual arbitration. You do not want state mandated arbitration if you can avoid it. They are not the same thing. If the account number is not the same... Then you can ... without a shadow of hesitation... state you do not recognize this account. You can state ... without a shadow of a doubt... that you have nothing in your possession that would indicate this account is yours. You cannot admit to an account that you do not recognize. It is possible that they got the numbers wrong... or it might be FIA change the account when the took over B of A accounts.. but it might be they got a wrong person... Do not make comment on here if you recognize the amount they are suing on or not. But do your answer, deny, deny, deny... and then do your defenses... and DO NOT miss your deadline. Before sending it to the atty and filing with your court read a link I am going to PM you... about private contractual arb. Then if you decide to go this route... add it to your defenses.
  10. Never admit in an answer. Answer with denials.... They did most likely tape your conversation, but do you remember what you said? Obviously they did not agree with your offer, or they would have jumped on it. You could say that when you received the summons you were did call to see about this and what could be done. You had wanted more info about the account. But the person on the other end of the phone was confusing you. You could say that after that call you realized there was something wrong with this as it really is not an account you recognize. You could say that at one time you had an account with such and such but you no longer have any records. Did they dun you... so you could have DVed them? If so, did they? If they didn't then you can justify that you do not recognize this as being your account, or if it is that the amount is correct. Because even if they sent statements on this... the amount could be wrong. Therefore you need to deny everything until you get rock solid proof on the amount... And one other thing you can do is check the cardmember agreement for what it says about arbitration..... If you elect arbitration, if it is in the agreement, you can get this out of court...
  11. This is just my take on this. When the judge said you were not disputing the item but the notation on the account, and you said exactly.... I think the judge assumed you were not disputing the actual account as being in default or having something wrong with it but that you just wanted it noted on the CR. Therefore he may have figured if you were not disputing something wrong that there is something wrong and it should be reported as it is... I am just guessing . I know people read and hear different things. If you get to Federal just be sure you say it in a way to make sure they understand it is the account you are disputing and it should be noted as such.
  12. Read what the arbitration clause says in your agreement that you had when you closed your account. Very often it will say something like, "This Arbitration clause shall survive termination or changes in the agreement, the account, or between you and us. If so, then what you have will work.... If not, maybe someone on here has a newer one you can get
  13. A little more clarification. Because it is a court case now, the court will follow litigation rules. Even if you initiate with JAMS, they can walk in and get a summary judgment because of this. Just because you elected in a letter to the OC and atty does not make it a done deal. You will need to follow through my a motion to your court after you answer the summons. But do not wait long because in FL you need to get this into the works right away or the court will deny you.