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Found 7 results

  1. Hello, I was sued last September by PRA in Arizona for slightly over $2K for a Barclay's Card account. MTC Arbitration was granted by the Justice Court in December, and I went ahead and filed an arbitration case with AAA (per the CC agreement) this January 24th. After a couple of requests by AAA to PRA in Febuary for the $300 filing fee and $2500 arbitrator's deposit, PRA paid up the $2800 and I received the initiation email from AAA on March 9. Currently AAA is awaiting an "Initial List of People, Firms, Companies, and/or Groups Involved in the Arbitration" form from both parties due the 16th. PRA has not paid the $1400 case management fee as of yet. Here's the catch: after I filed the arbitration case on Jan 24th, PRA went ahead and filed a motion to dismiss the case WITH PREJUDICE in Court Feb 11th, and the motion has been granted and the court case dismissed. My copy of the motion got temporarily lost in the mail (by me), and when I saw it the other day a light bulb went off in my head. Can't I simply drop the arbitration case at this point and walk away from the matter with my hands clean? I saw a post by Harry Seaward in another thread (2nd post down) stating that the court retains jurisdiction in AZ after a granted MTC (per ARS 12-1502 ) to confirm the arbitrator's award. But does this apply when the plaintiff drops the case and the court dismisses it? My hunch is that it doesn't matter and the court matters are finished, though I could be wrong. Here is the thread referenced: https://www.creditinfocenter.com/community/topic/330238-arbitration-question-in-az-regarding-lawsuit-by-pra Thanks in advance for your replies and all of the help received thus far on this great forum!
  2. Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? nothing 9. What state and county do you live in? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served. Must file answer within 30 days. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? 30 days. (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history
  3. I need advice! I was served by Barclay Card for an alleged old debt. It was a very similar post as another member on here @NormInGeorgia wrote about his experience and mine were almost identical, even the same law firm representing. I followed the same procedure recommended for him and filed a motion to compel Arbitration. I received a notice from the court that the judge would stay proceedings for Arbitration. The law firm tried to settle but I didn't respond because my claim is that I cannot be sure this debt is mine, why would I pay? I thought certainly they wouldn't proceed with arbitration since the total they claimed I owe is only $2665. I just received an email from Pro Se AAA stating: Dear Parties: Pursuant the Rules, the Association has appointed David R. James, Esq. as the arbitrator in this matter. Enclosed please find the arbitrator’s Notice of Appointment and biographical data. Should any party have any factual objections with respect to this appointment, such objections must be filed with the Association no later than July 27, 2016. If there are no objections, please advise of your availability for the preliminary teleconference during the first two weeks of August. Sincerely, Pro Se Manager of ADR Services I can't believe they are moving forward and now I have no idea what to do. Please advise if you can. Thank you so much in advance
  4. Hello, Beforehand I would like to thank everyone because this forum has helped me tremendously. I had 2 cases filed against me, I was able to obtain a dismissal on one as soon as I filed my MTC. Well the other did not go as smoothly today...... Filed MTC 01/20/18, AZ Justice court approved arbitration 02/06/18 and received order to initiate arbitration Filed for arbitration 02/22/18, arbitration said they were backed up and did not start working my case until 04/03/18 Arbitration did not start process or any mailings to any parties until 04/03/18 Today was my trial and I was pretty confident all I needed was my confirmation of the arbitration case being file 02/22/18 and copy of the letter sent to JH Portfolio on 04/03/18 requesting fees to be paid to initiate the arbitration case. Well pretty much the judge did not care I had confirmation of filed a case with AAA, he read the letter to JH portfolio letting them know the needed to send fees by 04/17/18. After reviewing confirmation and letter judge initiated the trial and entered judgement against me for the amount owed. I was not prepared for trial, I assumed my receipt and letter would be sufficient to stay further proceedings. I'm contemplating an appeal, what are my chances? It seems an appeal would go to Superior court, my main basis for the appeal is that arbitration was filed, started and was pending the receipt of fees from the other party, at this point AZ Justice court should have allowed more time for arbitration to proceed..... Thanks,
  5. The complaint as brief as possible includes Breach of Contract, Mortgage Fraud, Tila, RESPA, FDCPA, All of the parties mentioned below in addition to the law firm for moving forward with a non-judicial foreclosure without a valid Waiver of Borrowers rights and FDCPA violations. I stopped a non-judicial foreclosure back in August. The next few months have been spent with documents flying back and forth. This is the most frustrating situation I have ever experienced. All the while being the most important one to be fighting. Finally in mid October I elected federal arbitration via AAA I asked that they initiate. They replied they needed time and would have a response by Dec. 2, then Dec 6. Here is my fear. I had found this re-reading everything I could about AAA. ---(vi) Abeyance Fee Parties on cases held as inactive for one year will be assessed an annual abeyance fee of $300. If a party refuses to pay the assessed fee, the opposing party or parties may pay the entire fee on behalf of all parties, otherwise the matter will be administratively closed. All filing requirements, including payment of filing fees, must be met before a matter may be placed in abeyance--- I guess the main question is does anyone know who's attention to get to try and settle with HSBC? Because it looks like if I complain and they ignore that 's it, the complaint is closed? Why isn't it a default? Anyone who has dealt with HSBC, HFC, Beneficial, add in Caliber also. you are basically ignored. Caliber states they do not know why they sent me a purchased loan notice., I should ask their servicer. The notice included a statement and instructions for where to send payments and claimed Caliber was the servicer. A second subsequent claim notice from Caliber now had Beneficial as the Servicer, effective July 1, 2016 All the while Beneficial acting on behalf of Beneficial intended a sale August 2, 2016 via an alleged deed transfer and assignment to Beneficial from Beneficial of GA HFC then HSBC were the original note , deed and servicers. HSBC claimed they assumed the loan from HFC. The deed was recorded Beneficial of GA in 2007 In 2009 Transferred and assigned to HFC. Also an Allonge to Countrywide in 2007 was signed at closing . Honestly that was brief so much went on from the origins to the present. But they ignore facts. I have had three battles and claims against them. The last just finished in November 2015 NDA a short while after a CFPB ended a complaint filed in 2012. They don't care, they don't have to. They have nothing to gain. No valid deed, they used a robo- signed affidavit for a lost note. All robo-signed. The affidant, witness and notary. The note was an alleged copy of the original had erasure marks where the signature goes and scribbling that looked like someone tried to redo our signatures marking like loops on a signature below and above don't align nor correspond with our alleged signatures. Please note: I did speak to two lawyers when I got the non-judicial notice of sale. In late June all I got was loan mod, bankruptcy and too complicated, too much involved. So alone and terrified I did prevail because no-one at HFC has a clue how not to break every law statute and right a homeowner has. From my call for an application for a home loan in 2007 lies and deceit to the present lies and deceit. Mom
  6. If down the line I file bk and include a Barclays account after going thru the arbitration process, will it not be able to be discharged because of this section in their cc agreement? Do I try to stay away from arbitration if there is a chance I will need to file bk in the near future? This section has me so confused as to it's meaning. Can anyone give me an better understanding please? This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the termination of the Cardmember Agreement and the Account relationship, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement.
  7. I’m being sued by Barclay’s (Juniper Card)... Is there any way to force arbitration and, if so, is it possible to force them to use JAMS instead of AAA??? (I know Barclays prefers AAA because it's more creditor friendly.) All help appreciated; thanks for this great resource...
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