SamanthaL

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About SamanthaL

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  1. This is a general update that may prove helpful to others in NC. I had a discussion with a lawyer in NC regarding an alleged debt (assigned once before a JDB purchased it) that a JDB purchased and is now trying to collect from me by way of filing a complaint, which I received this week. The lawyer stated that NC courts focus on a few things: if it's a person's (defendant's) debt, if the person (defendant) paid and if the lawsuit is filed timely (by the plaintiff/JDB). He said litigation isn't worth it unless a defendant can prove one or more of the below: 1. The alleged debt cannot be coll
  2. Wow, thanks so much, Linda. Separately, and as an aside, I looked up the name of the man who signed the supposed assignments and bills of sale from HSBC to the JDB. His title is shown as Sr VP on the docs I received. Per LinkedIn, he's now with JPMorgan, but when he was with HSBC, his true title was Sr VP of Call Center Operations. He was responsible for East Coast call centers. There's a difference between a Sr VP and a Sr VP of Call Center Operations.
  3. The cardmember agreement states that I may contact NAF or AAA to file a claim. Also, the agreement and the account are to be governed by federal law and, to the extent state law is applicable, the laws of Nevada, even though I don't live there.
  4. Hi HotWheels96! Truly, it isn't of much concern vs what I just read--I've been combing through the terms. The agreement states that the OC or JDB may change or terminate all or any part of the agreement or add new terms at any time. Imagine if the JDB receives a notice of arbitration (or thinks it will), only to immediately change the agreement such that it excludes an arbitration option.
  5. Thank you, Savoir! Think I found it under "Miscellaneous." It reads: "This arbitration agreement shall survive termination of your Account as well as the repayment of all amounts borrowed hereunder. If any portion of this arbitration agreement is deemed invalid or unenforceable under any law or statute consistent with the FAA, it shall not invalidate the remaining portions of this arbitration agreement or the Agreement except that in no event shall the invalidation of any portion of this arbitration agreement have the effect of authorizing an arbitrator to arbitrate a class action or other m
  6. Thanks for your response, Linda. In looking at credit reports, I can confirm that the alleged HSBC account was originally opened in Oct. 2003. The year of default is 2010. The HSBC cardmember agreement states: "On any claim you file, you will pay the first $50 of the filing fee. At your request, we will pay the remainder of the filing fee and any administrative or hearing fees charged by the arbitration administrator on any Claim submitted by you in arbitration up to a maximum of $1,500. If you are required to pay any additional fees to the arbitration administrator, we will consider a reque
  7. Thanks so much for your reply. Roger that regarding the contract (or potential lack thereof) in conjunction with curable defect. Understood. I located HSBC's (now PRA's) cardmember agreement and disclosure statement (in my hard files). You say that JAMS can run into the $10,000 range, easily. That may be true, but the HSBC (now PRA) cardmember agreement states that, "On any claim you file, you will pay the first $50 of the filing fee. At your request, we will pay the remainder of the filing fee and any administrative or hearing fees charged by the arbitration administrator on any Claim submi
  8. A very helpful forum member shared with me that he beat HSBC based on its FDCPA violations. He also shared with me that, in NC, Portfolio is most likely required to attach a contract to its complaint. I need to confirm if this holds true for NC. No contract was included. So, I'm going to start researching how I may be able to dismiss. Separately, I'm going to pick up a copy today of the returned summons. The civil summons is dated and the complaint was filed on 2/7/13. In NC, upon filing of the complaint, the summons should be issued within five days. Mine was issued yesterday, on the 5th
  9. Thanks for your input. I have no idea what JAMS even is, so I need to get reading! I'm off to read her threads! I located the cardmember agreement, and it reads: "On any claim you file, you will pay the first $50 of the filing fee. At your request, we will pay the remainder of the filing fee and any administrative or hearing fees charged by the arbitration administrator on any Claim submitted by you in arbitration up to a maximum of $1,500. If you are required to pay any additional fees to the arbitration administrator, we will consider a request by you to pay all or part of the additional
  10. Thanks for your response. Yes, since my original post, I read that Portfolio Recovery is the nation's third largest debt buyer. Also, I understand that trying to incorporate Redine Recovery as part of the defense is not reasonable. Yes, I did - in fact - make the last payment on that date, so that's concrete, a fact. I've communicated briefly with a lawyer in my state. I realize that my only real two options are- to settle and/or submit the written response with my defenses. The lawyer says I should be able to get a settlement, without issue, but it's best to pay the big lump-sum (reduce
  11. A sheriff hand-delivered a civil summons today based on an alleged debt that originated with HSBC. The last payment made to HSBC was such that the SOL cannot be used as a defense. The docs state that I owe $1,775, plus interest at the "legal rate of 8% annum..." Edit: HSBC sold the alleged debt to PRA, while Redline Recovery is simply a debt collector. Obviously, HSBC owned the debt while Recovery was trying to secure a settlement. Therefore, the following paragraph is of no significance to my case. Here's a fact that may or may not apply (see item 16 below)--again, the debt originated wit