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Everything posted by thefinz

  1. @Jking57 I have learned one lesson for sure from this situation, and it is something that @fisthardcheese has said time and time again. One of the best things about arbitration is it takes a lot of leverage away from attorneys while driving up costs up for the creditor. You quickly find out how fast the attorneys have no clue about rules and procedures
  2. also @CCRP626 thanks for always giving a good bit of advice when needed as well.
  3. Well, yesterday was a pretty good day for me. I finally got my settlement from Barclay's. It was all that I wanted. Completely reasonable and all I could hope for. I am so glad to have this account settled. I hope that now I can start to move back on my journey to rebuilding credit. In this one month I have went from low 500's to now low 600's on my fico. Once again thanks @fisthardcheese and @NormInGeorgia for the help with the Arbitration process. I am so glad you guys are here to help myself and others with our problems and help aid and give us courage to not back down to these bullie
  4. CONGRATS!!!! I can only hope for the same for me in my case. @fisthardcheese and @CCRP626 are huge contributors and life savers on this board.
  5. I am getting so frustrated with this case right now. This is now the second time that I have had a dismissal in my hands and now it gets flipped on me. I just received an email from AAA and Claudia Roark concerning the arbitration here it is: Dear Parties, This will acknowledge the below email from Ms. Roark, representing Barclays Bank on the above-referenced case, which the American Arbitration Association (AAA) declined to administer per communicated to you in our letter dated July 25, 2016. Ms. Roark inquired as to why the AAA declined to administer this matter
  6. On this account, if you have been paying them (asuming they are the collection agency) you are better of to continue to pay them off as you have restarted the SOL and they are very likely to sue if payment is stopped.
  7. 1st is this a synchrony amazon card,? 2nd what is the amount in question that mcm is asking for? 3rd does this match the chargeoff amount?
  8. Capital One is a sub prime lender. I burnt them for $2500 non bk, and was just recently approved for $500 again. This time I'm not going to be stupid like I was in my 20's.
  9. so with that being said should I now file the arbitration again. I got a little trigger happy and filed before the judge signed the order. I now have a signed order form the 15th. I did not get a chance to upload it to the case after the initial filing with AAA, but I did get the same form that I got from my Midland case saying that they failed to pay so AAA can't arbitrate that matter. I just received that notice today. Would I take this back to the court and file a MTC arb a second time and Motion for sanctions. Or would I have to refile the Arbitration with AAA now that it is court ordered?
  10. Actually I finally got the paperwork. The plaintiff Dismissed the case the same day the judge signed the order for my MTC Arb. So now it looks like I am going to be taking this another way in order to settle this account. I was so looking forward to mutual dismissal. Oh well it looks like my next step is writing a BBB complaint against them now.
  11. All the court order stated is the case is stayed pending the outcome of Arbitration. I did send in a copy of the AAA demand with the MTC Arb. Also in checking the court docket for the case it now shows a being DWOP, so I am guessing that is possibly a mistake. I have to call the clerk on Monday. Also @BV80 in the cardmember agreement it lists JAMS as a secondary arbitrator for the case. Should I file with them, should I just sit back and wait to see what happens (maybe settlement),or possibly send an email proactively offering settlement before filing with JAMS?
  12. Ok, so long story short, I have a court order to arbitrate with Midland now, but however I just received a letter from AAA that they can not arbitrate the collection of the account or the counter suit that I filed. Do I take this to the courts with a MTD or do I attempt to file with JAMS since they are in the contract as an allowed arbitrator on the case. AAARefusal.pdf
  13. Well I just have rotten luck with this case. My dismissal was overturned, as the judge "erroneously signed" the order. Now I am in process of Arbitration. I am hoping to get this taken care of, because this is just got me all frazzled. I will let everyone know that I filed my MTC arb with the court. I have a hearing on July 7th. Now my question for those who have experience in this field, do I need to file my complaint with the Demand for Arbitration, or when do I do this. I am a bit unsure.
  14. Sorry to revive this, but I just got the weirdest thing today. I received a set of interrogatories, and admissions from the plaintiff (barclays) today. I have the signed order from the judge that states the DWP that was entered on 5/12/16. The attorney for Barclays sent the discovery on 5/19. Would this be considered a FDCPA violation or something of the kind? Sorry once again this is a first time that I have had a careless attorney send discovery after judgement has been handed.
  15. Just to update on this. I was taking advice of @NormInGeorgia and @fisthardcheese and going to go the route of taking the OC to arbitration, however, I thought I would be ballsy enough to file a MTDWP for lack of standing and failure to state claim. I mentioned that there was no signed affidavits, no signed contract, no cardholder agreement stating rights of consume and creditor, as well as no statements proving debt owed from $0 balance. I can't believe it, but my case was actually Dismissed with Prejudice. I was holding the papers to file MTC arb, but now there is no need to. Thanks guys for
  16. I really do appreciate the advice that was given in this forum, however in a recent OC case that I had in the exact same court I motioned to DWP and was awarded on the grounds of no contract, terms and conditions, signed affidavits, and statements from $0. I motioned to DWP for lack of standing, and failure to state claim. I was awarded. I was planning on going the route of arbitration, however I thought that I would be ballsy and try the DWP first, and I was just awarded it today. I think I will try that first. Then I will MTC arb if my MTDWP is denied.
  17. This is very true as well, however.... anyone who has experience with Midland knows what happens the good old friend of discovery comes along.
  18. Very well said. Never thought of that.
  19. I can motion to compel contractual arbitration as the OC was CreditOne (scumbag bottom feeders) I know they have JAMS and AAA as arbitration choices in the cardmember agreement.... I am just not sure if it applies to my card. I have to look it up because all of CreditOne's cards have their own agreements. Would this be the best motion to file or should I file a MTD.
  20. Oh I see, thats fine, because I will be droping off my answer today. One more option in my back pocket for this case.
  21. Actually this is a direct violation of this order. All that midland included was the charge-off statement. There was no copy of sale or anything else attached to it at all. Just a complaint and the chargeoff statement. The last time this happened to me I went through the discovery process and just forced them to caugh up the random crap that they had then they gave up. I thought this was business as usual for that craptastic JDB. So what will happen with filing complaint with CFPB anyway. This will be a first time for me to file with CFPB.
  22. I kind of had a feeling that was more along what it actually was, but this is the first time I have seen in since my last case in 2013. Back then I was facing Javitch, Block & Rathbone suing for Midland. Today I am facing the same attorney, just now they work directly for Midland since JB&R dissolved into two different firms and half of the collection attorneys went to Midland. All I can say is the company hasn't changed much in the past five years that I have been dealing with them. They are still bottom feeders that don't have a chance in the world in collecting, because they c
  23. Hello again. I really do appreciate all of the help that is provided to me on this forum, and I have used the help from all of those on this forum to help others in my life. With that being said, I have ran into another pickle. I am being sued by midland funding (this is the third time just different accounts). I am very familiar in how to get these things dismissed pretty quick and even send these JDB running back home. I have gotten 2 DWOP knowing little to nothing, and my last encounter I got a DWP when I faced off against them, This time I ran into something that I don't know how to a
  24. 1. Who is the named plaintiff in the suit? Barclays Bank Delaware 2. What is the name of the law firm handling the suit? LLOYD & McDaniel PCL 3. How much are you being sued for? $1,710.80 4. Who is the original creditor? This is the OC 5. How do you know you are being sued? I was served by “regular mail.” The plaintiff filed “waiver of service” after a failed certified summons to my old address. The regular mail actually got forwarded to my new address in a separate county in the same state. 6. How were you served? “regular mail,” per waiver of ser
  25. I also forgot to mention that on my TU report that all of my closed TL's no longer report any payment history. Would this be something to dispute as well?