MissingtheRain

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About MissingtheRain

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    Kansas
  1. Hello, I received a summons from Faber and Brand (whom I am rapidly learning are shady as I feared). I tried to call them right away to simply settle the debt which the representative assured me would happen quickly by counter offering with the OC (a hospital). Long story short, 2 and a half weeks later, the original creditor counter offered with an amount still higher than I could pay (and higher than the original debt). My 20 days are coming up on Monday (I was under the impression until today that the 20 days was when I needed to pay Faber and Brand!), and I didn't realize I needed to issue a court reply until after 5pm today. Can I go ahead and reply through the court (I found the Washington Law Help link, which was fantastic, and created a reply) tomorrow and send a certified one day mail to Faber and Brand and the OC? Or if I do that, can I no longer settle? Or, if I can scrounge enough up from a tax refund, should I just pay the bill online through Faber and Brand (or will they go ahead and set up a judgement against me, even if I do that). I apologize for my long windedness, I am just learning conflicting things...I don't want to have my bank accounts seized or frozen but I don't know which step to do that doesn't botch another step up! Thank you so much in advance!!!
  2. Hello, I am new to the debt settlement arena and was wondering if I could get some advice? My husband and I have several credit cards (two we are dealing with on the arbitration board) as well as quite a bit of medical debt. Most of them, if not all are in collection agency status. If we are able to settle with them via our tax refund...what is the best way to go about it? Do we call the collection agency? Original creditor? Do we ask for a particular department? Does it matter on the amount of debt? Credit cards range from $500 to $2000. Medical debt there's some smaller ($500) to several thousand. Thank you so much in advance!!!
  3. Hi Linda, I will check with RaceCar, I am fairly certain he is from KS. About the Capital One case...I was confident on that one as it was identical to the one you helped me with for me a few months ago. I didn't know there was an issue with one the last payment was made...I thought everything was honkey dorey with the survival clause in there. . Since all of our credit cards, Cap One, HSBC, etc. all had last payments made in 2010, though opened way before then....should I head over to another section of the board for settlements (have no $$$ now ), or what is the best route to go?
  4. The case that my husband has going now (the original post) is for a Capital One card. It was opened in late 2008, last payment in 2011. It does have the arbitration survival clause. The second one I was talking about, in hopes of preempting a court case and dealing with this whole mess...was for a pair of HSBC cards, both bought by Cap One. They mention AAA, but not an abitration survival clause and both had last payments in 2011. Can these still be put through arbitration? Last question for now ...my husband filed his answer/affirmative defense and sent off the notice to elect and such...his "14 days" to file was up on Thursday, he filed this Wednesday. However, his court date is already the 5th. Should he go ahead and file his MTC (separate court date), or just bring it on the 5th? He was concerned that showing up on the 5th, the lawyers would ask for an extension and he'd just have to miss work to come again, especially with a separate MTC date...is there anyway to avoid having multiple times he has to come to court, or is that just how it's going to have to be?
  5. Thank you I truly appreciate it! I am looking through the boards as we speak to figure this out...but just in case you happen back by this post...since you both mentioned that arbitration might not be an option if a payment was made past 2010...what is the best route for several (under $2K, though with fees they may be over $2K now) HSBC cards that were bought by Cap One. They have an arbitration agreement (though it's with AAA), but I'm not seeing a survival clause so far.....
  6. Okey Dokey...printing out...will turn it in along with a MTC and the answer/affirmative defense tomorrow.
  7. "This arbitration provision shall survive....suspension, termination, revocation, closure or changes of this agreement"
  8. It says that it will survive any change to the agreement (among other things)...it's not letting me paste...one moment...
  9. Uh-oh....I had thought, provided we had credit cards opened during anytime a survivability clause was in it, (ie 2008), that arbitration was an acceptable route? I am confused . I just finished getting a case dismissed that was very similar to this (was opened in 2008, but had a last payment in 2011) because the survivability clause was in it?
  10. Thank you everyone! Linda, you always save the day! That looks more appropriate than the letter I had for my suit...I was dealing with a crummy attorney group...but they did provide (and killed several trees in the process) a HUGE amount of "proof"...statements, paragraphs as to the "complaint" etc...this is so short and (not sweet) to the point, I would have had a hard time telling what it was if I hadn't just fought this a few months ago!
  11. I'm sorry, last one until there is an answer As we are looking over the summons from Cap One, it is entirely different that the one I received earlier this year (from a different account). It has a court header, and then notes Service: persona/Residential/Tacking by (my county) Sheriff. It then goes on to notify my husband that a lawsuit was commenced against him, with the docket time and date. It notes that an answer needs to be set in (this I've seen before)...but there is nothing to "answer" It states that the answer shall state what the dispute is and such...but there's no real statement/charge etc. It is simply two pieces of paper...one has the court header/summons/and then half of it is the "Return of Service of Summons," the second page is a petition that states only that the plantiff states such and such $$$ is indebted from the defendent and that the plaitiff prays for judgement. I've seen the general answer templates...and I have one from my own case...but it doesn't fit quite right?
  12. Sorry, thought of another question! For his MTC...the account was opened in 11/2008...does the 2008 cardholder clause (with arbitration agreement) "stand" throughout 2008, or would he have to worry about a 2009 agreement (if I recall correctly, it was 2010 that arbitration was taken out?) Thank you so much in advance!
  13. Hello again , With the help of several amazing people and this board, I successfully filed a MTC and got a lawsuit from Cap One thrown out of court. However, between my spouse and I, we have several Cap One cards, and with Cap One being HSBC, even more. My husband's Cap One card just served him, and he's preparing the Answer, MTC, etc... My question is...between his and mine, can Cap One "lump" our cards together (or even just one of our cards) to make pushing through arbitration worth their while? I will, of course, tweak my letter's (and my husband will tweak his) for each particular case....but is this going to be a problem that we send out Notice to Elect Arbitration to the other Cap One CAs?
  14. I really am not sure why litigation spec ia list is coming up as asterisks...I'm not trying to put in a bad word!