sheli1974usa

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About sheli1974usa

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  1. I'm sure this subject has been beat to death on the board I see that they do this to everyone and I have searched and searched.. I know that every situation is different just wondering next steps I have an alleged debt from Capital One. I sent the attorney the normal DV letter, then elected arbitration.I sent it CMRRR, and also a notice to appear. A Fed Ex letter from Capital One came that said they are a litigation specialist with the Capital One legal department. They are in receipt of my elect to arbitrate, however the agreement (that they attached from 2010) does not include an arbitration provision. As a result, I can not arbitrate my dispute. Should I or my counsel wish to discuss and early resolution of the dispute please contact the attorney that I mailed the DV letter, elect to arb, notice to appear etc... I do not see that a suit has been filed. My account was opened in 2008, I have in my hands that agreement from 2008 that has the arbitration provision. Should I have filed with JAMS yesterday? Any comments appreciated.
  2. I'm kind of stumped. Here is a quick version of my issue, any comments appreciated. So about a year ago I was mailed dunning letter from an attorney for an OC. I responded in a timely matter with DV letter that stated I dispute, and would like to exercise my right for arbitration. They mailed back all necessary statements. I hadn't heard anything but was served "pocket service " I didn't send a formal answer but sent them a letter reminding that I had elected arbitration and continuing with suit would be a violation. I also sent them a notice to appear. So far, No suit has been filed. So here is my question. Today I received the very same dunning letter dated April 5th that states the normal I have 30 days to dispute and No attorney has viewed this account. Do you think this is due to poor record keeping on their part? We've already been through this. What would be a good way to respond? I'm thinking it would be best for me to respond and make no mention of our previous encounters... Thoughts?
  3. Racecar, thank you so much for writing back. Would this make a difference if the OC was Capital One? I forgot to list it in my post. I sent you a PM on who the Attorney is because I was told that they frequent this board
  4. Hi everyone, I have read through the steps to arbitration and I finally feel like I am getting a grasp of things.I have been doing lots and lots of research and everything I read tells me that this DC Law firm is horrible to work with. I received a dunning letter and I responded with a letter CMRRR that I disputed the debt, and would like to use arbitration via JAMS per my cardholder agreement. I received 2 statements (random months) and an affidavit of the creditor that after looking online sounds like a generic one that they send everyone. The letter said that I will be please that they enclosed 1) Affidavit of the Creditor (the creditor has requested suit on this account and the affidavit has been provided for suit purposes. We are providing you a copy of this affidavit for verification purposes. At this time a suit has not been initiated. 2) Billing statement This validated the debt and we have been instructed to proceed to collect unless satisfactory repayment arrangements have been made. I have 2 questions. Should I respond that I still dispute and my election for JAMS still stands and should I file with JAMS now? I also read about robo signers. does this sound like the case and how would I find out? Thank you everyone!
  5. I have a copy of Discovers agreement that says we can arbitrate. I will give it a shot and file This may be a dumb question but I'm learning. I am reading and reading. I think my state is a summons now file later state. In my summon it says I can demand the plaintiff file suit if I want and I have 20 days to respond with my dispute. If this isn't technically filed yet, do I reply to the courts or the attorney
  6. It isn't a JDB it is Discover Card themselves. I would like arbitration. Should I try to file a MTC, and file with Jams immediately?
  7. Hi everyone. Looking for one from WA, I'm one of those that sent DV and elected arb and I was just served tonight. I'm going to file Jams in the am and I am looking for a sample MTC. Hope I'm on the right track.
  8. Hi all, Can someone please help me out a bit. In August, I was sent papers from an attorney requesting payment. I replied with a DV letter and requested that should we need to, I elect arbitration with JAMS per my cardholder agreement. A few weeks later, in the mail they sent me 3 months of CC statements. Tonight I was served with a Summons from my Superior Court, how should I proceed?
  9. Thank you so much, I will call tomorrow and see what they say and hope I don't have to go any further. Thank you again
  10. Coltfan, thank you for the reply. I have been reading and I just dont see much on Medical debt, it is for a really small amount. I really have no real defense to tell you the truth, just can't/didn't pay. The only thing I can think is it was for work done that I had to go and have corrected somewhere else because it was done so bad. Not even sure if that matters. (Should I even say that?) I guess I would like to settle, if they would take payments. Im sure this is just the start. I have a million cc's that I have sent DV letters with elect to Arb. Just waiting for the storm.
  11. Hi all, Can someone point me in the right direction? I was served a summons today from a collection agency that is filed with my district court for a medical bill. I have 20 days to file my answer. My question is this, what should my answer be? Im not sure what do you becase this is for dental/medical services. I don't want a default judgement. Any help is appreciated.
  12. I would like to pay something, just not what they say I owe. I would love them to offer me a decent settlement.. Ultimately that is my goal.