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Question For Anyone Involved With DFS/DELL/CIT as the OC

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Hi All,

 

I was curious if anyone involved with DFS/Dell Financial Services/CIT has a copy of the Account Agreement. I'd like to take a look at it to strategize for my case. I realize mine may be different but I was hoping to see what may be out there.

 

One of the specifics I am looking for is if it defines what states laws govern the agreement.

 

Thanks

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During what years was the alleged account active?

 

Edit: Never mind; the Card Member Agreement Library doesn't contain any info on Dell or CIT

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CIT Headquarters 11 West 42nd Street,
New York City, United States 

 

Dell is in Texas. It's a tossup as to whose laws apply, but I would say the lender's trumps the contractor. You never know, you have to read the agreement. Dell's cardholder agreements are usually on line. The agreement usually is not a factor, the location of the lender is, as you may be able to invoke their SOL if your state allows this and SOL is an issue. Dell is actually part of Citibank's website, they use several banks for their financing.

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CIT Headquarters 11 West 42nd Street,

New York City, United States 

 

Dell is in Texas. It's a tossup as to whose laws apply, but I would say the lender's trumps the contractor. You never know, you have to read the agreement. Dell's cardholder agreements are usually on line. The agreement usually is not a factor, the location of the lender is, as you may be able to invoke their SOL if your state allows this and SOL is an issue. Dell is actually part of Citibank's website, they use several banks for their financing.

Understood. That is why I am asking if anyone happens to have a copy of it. The DFS website shows that they are currently serviced by WebBank. However I don't think that was true at the time the alleged account was active. I'm asking because there was a case recently (posted in this forum) where the defendant was able to get the case dismissed because the agreement had a clause that specified the state law that governed the agreement and the debt was past SOL in that state. I'm looking to see if I could benefit from a similar argument. So in my case, the agreement is very much a factor.

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You might want to ask at "the other site"; they are more involved in arbitration and so, are concerned with card member agreements.

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The card agreement does not affect the SOL, which is procedural. The location of the creditor does, but then you need a borrowing statute to use it. A borrowing statute is a state law where you live that allows you to invoke the SOL of the creditor. Utah has one as I recall, but it is narrow in scope. KentWA knows this best. Absent a valid borrowing statute, yoiu are stuck with the SOL of the state in which you reside, doesn't matter what the cardholder agreement says.

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The card agreement does not affect the SOL, which is procedural. The location of the creditor does, but then you need a borrowing statute to use it. A borrowing statute is a state law where you live that allows you to invoke the SOL of the creditor. Utah has one as I recall, but it is narrow in scope. KentWA knows this best. Absent a valid borrowing statute, yoiu are stuck with the SOL of the state in which you reside, doesn't matter what the cardholder agreement says.

 

Thanks. So what am I misunderstanding in this thread From it I got the impression that he was able to win because the agreement had a stipulation that specified that the account was governed by the laws of Deleware.

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KentWA, on 20 Jul 2012 - 11:10, said:

 It really helps that our SOL statute says when another states SOL has run the court MUST dismiss.

Now you must keep in mind that the state collection agency act says that they can not take assignment, sue OR even collect on an SOL debt.

 

You can get the card member agreement during the discovery phase if you can't find it in the meantime

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Thanks Public Enemy. Now if I could only get the Registration Email on that site. I've tried 2 different email addresses and neither have worked :<img src=:'>

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Thanks Public Enemy. Now if I could only get the Registration Email on that site. I've tried 2 different email addresses and neither have worked : :censored::

 

I added it as an attachment to this post.  Hope it helps.

 

It says it is a Citibank agreement but it is really Citbank.

Dell Citibank agreement.PDF

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Thanks. So what am I misunderstanding in this thread From it I got the impression that he was able to win because the agreement had a stipulation that specified that the account was governed by the laws of Deleware.

 

 

The thing you are missing in part is that in order to avail yourself of the other guy's SOL, your state must have a statute that permits it, called a borrowing statute. Some states have this, some don't. Those that don't apply their own SOL, period.

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Thanks for the tip. It looks like Johnson Mark got wise to this as the interest in the complaint is at 10%. I think it's time for me to post the full details and start talking about defenses and such. I'll do that shortly in a separate post. Thanks for all the help everyone.

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The interest rate will not be an issue unless you are going after a counterclaim based upon the interest law the creditor must follow. I think the 10% you see is the statutory amount they can collect by law while the case is being litigated. (if they win) It does not reflect the interest rates on the billing statements.

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