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In June 2014 I received a letter from  Citibank N.A.  informing me that they sold the debt to PRM (DJB). Shortly after, there was a demand letter from PRM's partner company servicing the account. I did not respond.

 

Recently, I received another demand letter from a local law debt collector retained by the above partner company (currently owning the debt vs servicing the account).

 

The amount of the debt demanded in 2014 was matching the amount of the debt  reported with the credit agencies, which was a little higher than  the amount of debt owed to Citibank at the time of the first delinquency (mid 2010)  

 

The amount of the debt, currently demanded by the local law company is about 41% higher. I responded with a DV letter almost at the end of the 30 days allowed but fell to dispute with the credit agencies.  Immediately, upon receipt of my DV request by the local law company,  the disputed account disappeared from my credit reports.

 

My gut  feeling is that they will try to update the credit reports with the currently demanded  amount by adding interest, penalties etc.and than sue me. Citibank kept sending statements for more less 2 years, after the first delinquency. The debt got inflated quickly but was still less than the current demand of 41% extra.  

 

SOL is 6 years

 

Please help me figure things out.... It is greatly appreciated. TY TY TY          

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@imoi

 

Did Citibank send credit card statements AFTER it charged off the account?   If so, do you have any of them?

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"Did Citibank send credit card statements AFTER it charged off the account?   If so, do you have any of them?"

 

​I am not sure when it was charged off. I understand that it is 180 days after the first delinquency. If this is correct?!... the answer is Yes. Citibank sent me statements after the charge off and I have the statements. The last payment was 05/2010. I presume the charge off would of been 12/2010. Citibank kept sending me statements till 2012.

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Which island are you on? You might be able to find a www.naca.net attorney to help you out.

 

I found 4 consumer attorneys and they all are on Oahu. Only one of them practices Collection Lawsuit Defense. I live on a neighbor island.We have bankruptcy attorneys. As of now it seems that I need to find my way out on my own, cannot afford a defense attorney. 

I am very grateful for this site and forum. What a great resource and everybody is so helpful!     

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I would suggest that you get on here and read and then read some more until you understand the process. I would also suggest that you look at Linda7's thread which I have placed a link to on my sig line below regarding arbitration. I am not sure, but HI may be like OR and have state required arb. If so, you will have to fight tooth and nail to get PRIVATE arb with JAMS if possible. You must decide quickly which way you want to go, court or arb.

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Summary of Hawaii's debt collection laws

 

 

http://www.govcollect.org/files/Hawaii_Debt_Collection.pdf

 

 

 

For credit card debt, a creditor can establish the debtor’s contractual liability by submitting the cardholder’s application and/or by offering evidence that the cardholder incurred charges on the account and made payments thereon and by showing evidence of the amount owed on the account. A creditor must authenticate the records to the court through written and signed affidavits/declarations. For a debt purchaser, there also needs to be a showing that it is the current owner of the debt, offering documentation on chain of title or assignment.

 

 

e. Attorney’s fees, pre-judgment interest, and post-judgment interest Attorney’s fees can be awarded under several Hawaii statutes. The most commonly used statute in a collection case is Haw. Rev. Stat. §607-14, which provides for attorney’s fees in assumpsit actions up to 25% of the recovery. Hawaii statute permits the court to award pre-judgment. Haw. Rev. Stat. §636-16. If there is no express written contract fixing a different rate of interest, interest shall be allowed at the rate of 10% per year. Haw. Rev. Stat. §478-2. Judgments accrue interest at the rate of 10% per year. Haw. Rev. Stat. §478-3. Postjudgment interest is calculated on the total judgment amount, less the amount of any prejudgment interest included in the judgment. Larsen v. Pacesetter Systems, 74 Haw. 1, 837 P.2d 1273, 843 P.2d 144 (1992)

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This 2014 case shows what is necessary for a plaintiff to win a credit card case in Hawaii.  From reading this case, they seem to make it easy for creditors.  I would follow @TomnTex advice and see if you can get JAMS arb.  That may scare them off, IF you are not being sued for a lot of $$$.

 

 

 

https://scholar.google.com/scholar_case?case=13234275724327812419&q=credit+card+debt&hl=en&as_sdt=4,12&as_ylo=2014

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@TomnTex @debtzapper

 

Thank you for your help. I am trying to understand the possess and hope you don't mind my questions:

 

     At what point of the process private arbitration comes to play?

 

     Why would I be given private arbitration? ... especially JAMS?

 

     Would I shoot myself in the foot if the creditor says Yes to JAMS?  Would my only option in this scenario be        BK?

     

     Do you know of any post that spells out the process/possible steps of the lawsuit?... never dealt  with that            before. 

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@imoi

 

Did Citibank send credit card statements AFTER it charged off the account?   If so, do you have any of them?

Thank you for your help. I responded to your question previously. I am not sure of the charge off date.... is the 180 days after the first 

default a norm for charge off?.....  the OC kept sending statements way past this time. 

.  

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I would file for arb now and file with JAMS if that is available to you. Then, if that doesn't run them off and you do end up actually going into arb and lose there. Then I would go with BK as a last resort. 

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@TomnTex

 

For clarification, at this point in time there is no lawsuit initiated. I am anticipating one based on the letter I received from an attorney and the research I did on him. I am trying to understand the process and my options since time is not on my side in general. 

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Is private messaging OK on this forum?... Got more info and not ready to post it at this point in time. I know how easy it is to be identified, just type the state and everything comes up.  Thank you for all the help here. 

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