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Found 5 results

  1. I've always wondered this, but which credit card agreement applies on a debt collection? Is it always the most current, or when the account was opened, or when the account was defaulted? If I do an MTC arbitration, does this agreement attached indicate that I have to pay the filing fee? In the best buy cc agreement attached, it says this in the PAYMENT section. We will pay your share of the arbitration fee for an arbitration of claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA rules. And it looks like I'm only allowed to arbitrate with AAA. Does that mean I'll have to pay the fees to file since this is related to debt collection? I'm just wondering if the Best Buy credit card is something I should pursue arbitration with against PRA. My_Best_Buy_Credit_Card_Agreement.pdf
  2. Okay lets try again... Here is the jist.. and questions are below! So just got served by the sheriff here in GA that Midland funding llc is suing for a bad cc debt. Ofcourse they are wanting the full amount listed, interest, attorney fees and court costs and $98 apparently. It stated Midland funding LLC Assignee of Citibank, N.A/Best Buy and cooling& winter LLC Louis R FEINGOLD Lawyers handling it. Do I even have a chance? It seems pretty well documented but that could just be my naive eyes here. Any help on what to say or do would be great. I don't really have the extra funds to throw that much money at them or a lawyer so i am on my own here. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cooling and Winter LLC 3. How much are you being sued for? $1039.82 plus interest, attorney fees, court costs and $98 4. Who is the original creditor? (if not the Plaintiff) Citibank NA 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Sherriff came to 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? none, they robocalled a few times that i recall, never left voicemails, i never recieved any letter or mail. 9. What state and county do you live in? GA, Bartow 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/5/14 11. What is the SOL on the debt? 6yrs 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). can't find anything online for Bartow, i will hopefully go up in person next week. So far just been served so have 30 days to answer. 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? no, didnt know it was coming 15. How long do you have to respond to the suit? 30 days from today We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no questionaiire. (2) defendant indebt in the amt of $1039.82 as principle. (3) def entered into cc agreement w original dreitor acct number ending in 1753 and recieved and use the cc at issue in this action. (4) def breached the cc agreement by failing to pay as agreed and left an outstanding balance of *1039.82. (5) all rights and title to def. cc were legally assigned to plaintiff in writing. (6) def is liable to plaiintiff for sum of $1039.82 principle plus court costs. (7) despite demand by plaintiff, def has failed to pay amt due on cc. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached 2 statements from best buy (neither showing new purchases. one was a feb 2015 the other july 2014.) and an affadavit from Beth Groskreutz a Legal Specialist for Midland Credit Management with a bill of sale and assignment from Citibank NA to Atlantic Credit and Finance Special Finance Unit LLC and another bill of sale from CBNA (Citibank) selling to atlantic credit and finance special finance unit llc and a third from atlantic credit and finance special finance unit llc selling to midland funding llc. There is a final page with last 4 of original acct number, original lender name, SSN (blacked out), incorrect DOB, my name, old address, home phone (blacked out), open date, charge off date 1/16/15, sale amt , last payment amt and last payment date 6/5/14. Thanks for any help everyone!
  3. I am currently using Lexington law to remove some collections, they are doing a great job, we are attempting to get a mortgage soon so our credit has to be good. Unfortunately my wife decided to not (forgot) pay our best buy bill on time, couldn't be a worse time. Its now listed on our reports as 30 days late. Long story short, we have never had a late payment with best buy after like 8 years with them.. Does anyone think that contacting Citibank or whoever does my credit through best buy, and explaining why, or that we are trying to purchase a house, would do anything???? Like simply asking the creditor to remove this, this one time, after 8 years without a late payment? Explaining that we are trying to purchase a house? Anyone have any suggestions on this???
  4. Hi forum, after some research this seems to be the best place I can find to ask for some guidance from others who have been in similar situations. Firstly I reside in Louisiana and have so for all my life. This morning my husband received a knock at the door, upon peering out the window he saw a sheriffs deputy holding some paperwork. I should also mention that our american bulldog (who is a big baby) barks quite ferrociously when our door is rapped upon. My husband called through the door and asked what the deputy needed. He said he had paper work for Me (Said My Name). My husband informed the deputy that I was at work and asked him to leave the papers outside the door. The deputy replied that he could slide them through a crack in the door, but "please dont let the dog out" (LOL) He slid through the door a citation for me for a "Request for Admission of Fact" from Midland Funding llc. What is odd is that he I think the barking dog made him so nervous that he fogot to sign the papers. The bottom of the citation reads as follows __________________________________________________ SHERIFF'S RETURN LAFAYETTE PARISH SHERIFF DATE SERVED:__________________,20______TIME:_______ SERVED:____________________________________________ PERSONAL( )________________________________________ DOMICILLARY ( ) ON___________________________________ UNABLE TO LOCATE MOVED ( ) NO SUCH ADDRESS ( ) RECEIVED TO LATE FOR SERVICE ( ) SERVICE OF WITHIN PAPERS COSTS FEE $__________ MILEAGE $___________ TOTAL $__________ DEPUTY_______________________________________________ The deputy didnt fill out any of this form. My question is: Is this something that I could potentionally use to my advantage in my dealings with Midland Funding LLC? any ideas or suggestions would be GREATLY appreciated as I have never had to deal with a debt collector in this way. Also, I am in need of guidance on how to deal with a Petition for "Admission of fact" from Midland Funding LLC. I will greatfully provide any information as it pertains to the Petition that is needed to better understand my circumstances. Thank you so much in advance.
  5. Okay here goes.. I've done plenty of research, as much as I can without going crazy. I read the Debt Settlement, Step by Step topic and was really hoping Step 20 was going to be posted before the end.. Not finding the answers I need and the copious acronyms are a little intimidating. I have a $5000 best buy credit card debt which I have not paid anything on since 2/2013, so a little over a year. I called best buy, they have since switched from capital one to citi bank and they gave me the number for citi card 800-978-8800 (I googled that which brought me to this forum, actually). I have not called them yet, but I wish to settle $500-$1000, the lowest they will take. I've heard that calling at the end of the month will help, as they need to fullfil a quota and they're more flexible. The way I see it, step by step for my case goes like this: -Call them -Give them info to find me -Offer $500 settlement -Haggle and find a compromise I just want to make sure I'm not missing anything.