mopman64 Posted March 14, 2013 Report Share Posted March 14, 2013 I went on the net today and did some homework. I have found a cc agreement for the one that I did with GE that I am being sued for. Guess what's in the agreement. A nice big fat arbitration clause. So now Portfoilo is breaking their own contract or GE's, which they have to follow. Is there a violation in this, I looked but I don't know if I am missing something. So should I now ask the court for MTD or should I contact their lawyers and let them know what I found? Link to comment Share on other sites More sharing options...
kutuzov Posted March 14, 2013 Report Share Posted March 14, 2013 GM money bank got arbitration yes, so do a motion to compel arbitration. 1 Link to comment Share on other sites More sharing options...
mopman64 Posted March 15, 2013 Author Report Share Posted March 15, 2013 That's what I am gonna do. 1 Link to comment Share on other sites More sharing options...
mopman64 Posted March 18, 2013 Author Report Share Posted March 18, 2013 Have been in touch with Philip Stern in Maplewood NJ via email on Friday. He asked me to shoot him all the Portfolio paper work I have from them and he will take a look at everything to let me know if he can help. Link to comment Share on other sites More sharing options...
mopman64 Posted March 18, 2013 Author Report Share Posted March 18, 2013 Talked with Mr. Stern this morning. He is taking the case. So I am sure if he is taking it we have violations. Lawyers know when something is a waste of time. 1 Link to comment Share on other sites More sharing options...
admin Posted March 18, 2013 Report Share Posted March 18, 2013 I agree. If he is taking the case, you probably have violations. Is he taking it on contingency or are you paying up front? Link to comment Share on other sites More sharing options...
BV80 Posted March 18, 2013 Report Share Posted March 18, 2013 Talked with Mr. Stern this morning. He is taking the case. So I am sure if he is taking it we have violations. Lawyers know when something is a waste of time. Congratulations! Stern wouldn't take the case if he didn't feel he could win it for you. Link to comment Share on other sites More sharing options...
mopman64 Posted March 18, 2013 Author Report Share Posted March 18, 2013 As of now not paying him anything. He told me he is pretty sure that its a win, he has several that he has done with them and he says that it is a very slim chance that I will owe him anything. 1 Link to comment Share on other sites More sharing options...
admin Posted March 18, 2013 Report Share Posted March 18, 2013 As of now not paying him anything. He told me he is pretty sure that its a win, he has several that he has done with them and he says that it is a very slim chance that I will owe him anything.Sounds pretty rock solid to me. Good luck, but I don't think you'll need it! Link to comment Share on other sites More sharing options...
debtzapper Posted March 18, 2013 Report Share Posted March 18, 2013 You have one of the best consumer lawyers in the country. Stern has litigated FDCPA cases as far away as the 9th cir in California. Link to comment Share on other sites More sharing options...
mopman64 Posted March 19, 2013 Author Report Share Posted March 19, 2013 What he told me he will do with the JDB is first a letter asking for a crazy high amount of damages plus his cost and court fees plus trade line removal and no 1099 to me at tax time also for them not to sue me or sell this debt ever again. He says then they will counter with a smaller amount of $ and we will go from there. I also understand that once you sue a JBD that your name goes into a book or something and lets other JDB know that you fight and that they are not willing to sue you as much. Is this true, has anyone else heard of this? Link to comment Share on other sites More sharing options...
ArtVandelay Posted March 19, 2013 Report Share Posted March 19, 2013 I also understand that once you sue a JBD that your name goes into a book or something and lets other JDB know that you fight and that they are not willing to sue you as much. Is this true, has anyone else heard of this? When you file an FDCPA claim it goes into the court system as public record. Some JDBs have computer analysis programs that weed out those who are likely to sue. Others, probably smaller ones, may subscribe to sites like this. https://www.webrecon.com/b/ While that is true for many, others may not take the time to look or care. At one time I was getting at least one letter and many phone calls a day. After I won my first local case the letters slowed down. After I filed my first FDCPA Lawsuit almost all collections stopped. Both of these happened at about the first time, so who knows. I'm guessing the FDCPA case was the main reason. Link to comment Share on other sites More sharing options...
nobk4me Posted March 19, 2013 Report Share Posted March 19, 2013 I think my contact with debt collectors has gone way down since I have sued them under FDCPA. The only ones who contact me now must be the ones who don't use WebRecon. And they are usually dumb enough to violate. Now, while the collection agencies are mostly silent, there is this sound in the background: tick, tick, tick. Know what that is? It is the clock running out on the statute of limitations. Link to comment Share on other sites More sharing options...
mopman64 Posted March 19, 2013 Author Report Share Posted March 19, 2013 So these JDB would rather go for the uneducated person rather then someone who knows their rights. And this Webrecon is a program that helps the JDB avoid that type of person. Link to comment Share on other sites More sharing options...
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