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Help! Is ARB still an option?


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Need Help here in NJ. I just won my Motion to Vacate Judgment. When I filed my motion, I also filed an answer, "out of time". I did a standard answer. The plaintiff wanted to know if I wanted to settle or start over. I told her "I already did all of the work, we can start over". The original complaint is reinstated. Can I amend my answer and elect ARB? Or I could possibly amend answer and declare that debt is time barred. C/o was 2006. SOL is 6 years. Although, I would have to fight the re-ageing of the debt, because I did make payments in 2008 after the Plaintiffs manipulated me into paying with a letter that violates FDCPA 1692(e)(10), Misleading and deceiptful! Of course I have case law and this was the premis of having my Judgment vacated. Any ideas for my next move?

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Need Help here in NJ. I just won my Motion to Vacate Judgment. When I filed my motion, I also filed an answer, "out of time". I did a standard answer. The plaintiff wanted to know if I wanted to settle or start over. I told her "I already did all of the work, we can start over". The original complaint is reinstated. Can I amend my answer and elect ARB? Or I could possibly amend answer and declare that debt is time barred. C/o was 2006. SOL is 6 years. Although, I would have to fight the re-ageing of the debt, because I did make payments in 2008 after the Plaintiffs manipulated me into paying with a letter that violates FDCPA 1692(e)(10), Misleading and deceiptful! Of course I have case law and this was the premis of having my Judgment vacated. Any ideas for my next move?

We'd need more information.

 

Who sued you?

 

What is the ballpark amount?

 

Who is the original creditor?

 

When was the alleged account opened and what year was the default?

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Thanks Linda7. I began reading your post and you are truly an inspiration.

Here is the Info. I was hesitant to put too much out there, as I am sure the slimy predators are watching these posts. At this point, I would love your input.

Plaintiff is C 1 via the Plaintiff's Attorneys,

The true amount is questionable, as they have yet to furnish the proper amount. They say $1100, I say $600.

OC is C1 2005 cardholder agreement with ARB,

opened 2005/last payment 11/2006, c/o 2007,

* again, I did admit to mking payments in 2008, so I assume I re-aged the ccount

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Thanks Linda7. I began reading your post and you are truly an inspiration.

Here is the Info. I was hesitant to put too much out there, as I am sure the slimy predators are watching these posts. At this point, I would love your input.

Plaintiff is Cap 1 via the Plaintiff's Attorneys, Lyons, etal.

The true amount is questionable, as they have yet to furnish the proper amount. They say $1100, I say $600.

OC is Cap1 2005 cardholder agreement with ARB,

opened 2005/last payment 11/2006, c/o 2007,

* again, I did admit to mking payments in 2008, so I assume I re-aged the ccount

You say the last payment was 2006, but say you made payments in 2008.  That would make the date of last payment 2008.

 

Could you tell me what state you live in or maybe send me a pm and let me know. 

 

Also, is this like your cardmember agreement?  http://www.cardmemberagreements.org/wp-content/uploads/2012/08/2005-Capital-One-Cardmember-Agreement.pdf  BTW, if you have a 2005 that doesn't have that circled part, we would sure like to add it to our library.

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Thanks again, Linda 7.

I had made payments in 2008 in an urgent reaction to plaintiffs attorneys letter, which is 100percent FDCPA violation, as per case law found against the said attorneys in regards to the same document.

I wasn't sure if I could use the fact that I was decieved and mislead by the letter, to prevent my account fom re-aging.

At this point the originl complaint, which is prior to the 2008 payments is reinstated.

And now I must decide on my next move. Of course I am just hoping they dismiss. That would be the smart choice for them since their work was so sloppy and they were already embaressed in court.

Linda7, you are awesome!

ps: In NJ

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Thanks again, Linda 7.

I had made payments in 2008 in an urgent reaction to plaintiffs attorneys letter, which is 100percent FDCPA violation, as per case law found against the said attorneys in regards to the same document. Ardino v. Lyons, d. NJ

I wasn't sure if I could use the fact that I was decieved and mislead by the letter, to prevent my account fom re-aging.

At this point the originl complaint, which is prior to the 2008 payments is reinstated.

And now I must decide on my next move. Of course I am just hoping they dismiss. That would be the smart choice for them since their work was so sloppy and they were already embaressed in court.

Linda7, you are awesome!

ps: In NJ

Sorry, I missed your NJ mention in your first post.

 

I would post in the other forum - "Is there a lawyer in the house" and get their opinions regarding amending your complaint. 

 

I believe NJ's SOL is 6 years which would not work to your favor . . . unless this gets into arbitration and then you could possibly use the 3 year choice of law provision of Virginia from the agreement and once that is decided you could file a motion to dismiss for a time barred debt - unless the status of your case through this recent time period has tolled the case and then SOL would not be an option. 

 

However, for a debt this small (if it were me) I'd immediately send Capital One a letter electing arbitration via JAMS.  Read the strategy and steps of arbitration thread and then post back if you have any questions.

 

Next I would set about "amending" your former answer to the original complaint and also file a MTC arbitration with the court and ask if you need to schedule a hearing for your motion.

 

From what you are saying, it sounds like you have violations to use which would give you leverage to offset the alleged debt.  This would put you in a nice position for settlement negotiations after the court grants your MTC arbitration.

 

Also, I would send . . . I think it is Jpavv - a pm as he is from your state. Here is his profile - http://www.creditinfocenter.com/community/user/92319-jpavv/

 

Also, seems like there was someone else recently from your state that elected arbitration.  Let me check on that.

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Thanks again Linda.

I am going to go through all of your posts and use your MTC letter if you don't mind. I also need direction on how to ask for the waiver of fee's.

I do have a question regarding strategy. How long should I wait to send my MTC letter to the court? I technically have 20 days to amend my answer and I can file my MTC letter with that.

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Thanks again Linda. I am going to go through all of your posts and use your MTC letter if you don't mind. I also need direction on how to ask for the waiver of fee's. I do have a question regarding strategy. How long should I wait to send my MTC letter to the court? I technically have 20 days to amend my answer and I can file my MTC letter with that.

You will need to first send to the attorney and to Capital One at the address shown in their arbitration provision section - a letter electing arbitration via JAMS.  You'll see an example in the strategy and steps of arbitration thread.

 

The MTC is not a letter - but, it is a motion that you file with the court and send a copy to the attorney and to Capital One.  If you use my example, please note that the quotes are from a 2008 Capital One agreement.  Check the agreement you are using and make sure that you are quoting (a-e) from your agreement.  With them both being Capital One agreements, the quotes may be identical.

 

If you want arbitration, it would be good to go ahead and send the election letters immediately.  That would give you several days to see if they will dismiss or stay on their own before you file the MTC arbitration with the court.  If they don't - you have them for breach of contract which will add to the violations you have on them.

 

 

Make sure to ask when you file your motion to compel arbitration to see if you need to request a hearing for your motion.

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My other question about ARB is the dollar amount that the Plaintiff's attorneys can try and collect. Is it the original debt plus interest, or can they use the current amount with all of the court fee's and attorneys fee's?

Capital One agreements allow for court fees and attorney fees.  If your state's laws allow it, then - yes, they can add those fees.

 

If you get this into arbitration though - Capital One usually will immediately knock off those fees and start negotiating for the original debt.  But, if you have good violations on them - negotiations should end with you getting elimination of the debt.

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Linda, if I elect Arb, can I still file against the OC and attorneys in Fed court for the violations and other damages?

If you don't want to bring them into the arbitration, I don't see why not.  But, if you go to arbitration and have violations on them, you could use those to stack the odds in your favor.  In arbitration in your formal complaint, you would lay out "all" the violations against any of them.  Just make sure to specify "each" respondent.

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Thanks Linda7. I began reading your post and you are truly an inspiration.

Here is the Info. I was hesitant to put too much out there, as I am sure the slimy predators are watching these posts. At this point, I would love your input.

Plaintiff is C 1 via the Plaintiff's Attorneys,

The true amount is questionable, as they have yet to furnish the proper amount. They say $1100, I say $600.

OC is C1 2005 cardholder agreement with ARB,

opened 2005/last payment 11/2006, c/o 2007,

* again, I did admit to mking payments in 2008, so I assume I re-aged the ccount

Some states do not consider making payments to re-age the SOL, check the SOL for your state to make sure.

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Thanks Linda for the 2005 cardmember agreement. I just read it twice. It seems from that cardmember agreement, that they inist on using VA laws, therefore VA Sol should apply. I sure hope so. Another question about ARB. When bringing claims against the plaintiffs, how do I attatch a dollar amount to these claims? I would love to bill for my hours involved in this case. lol

Thanks again:)

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Thanks Linda for the 2005 cardmember agreement. I just read it twice. It seems from that cardmember agreement, that they inist on using VA laws, therefore VA Sol should apply. I sure hope so. Another question about ARB. When bringing claims against the plaintiffs, how do I attatch a dollar amount to these claims? I would love to bill for my hours involved in this case. lol Thanks again:)

Most agreements regarding arbitration say that each party will bear their own expenses.  I've not checked yours though, but I would stick with running up the costs by listing violations.

 

In the strategy and steps of arbitration thread - look for the sample of a formal complaint and you'll get the idea. Also, check your pms in a minute.

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