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Midland (Encore Capital) MTC Arbitration!


Brotherskeeper
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Apparently, it isn't always the case that Midland will never agree to arbitrate.  Defendants Midland et al motioned to compel arb in US District Court, ED Michigan. Schadenfreude alert:  It didn't go well. 

"Unauthenticated sample credit card agreements, one dated many years after the credit card was first used and therefore accepted by plaintiff, is not the type of evidence the court can use to support an order compelling arbitration.

Next, the Purchase Agreement is the document that describes what exactly defendants acquired from Citibank and Chase, through Thunderbolt. The Purchase Agreement allegedly conveys all rights, title and interests in and to each of the purchased accounts. However, the Purchase Agreement has not been produced in evidence. The court cannot determine if the credit card agreements binding the plaintiffs and the banks were conveyed to defendants along with the debts that were purchased."

http://law.justia.com/cases/federal/district-courts/michigan/miedce/2:2015cv11535/300847/31/

 

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@Brotherskeeper

In the case you cited, they couldn't satisfy the court.  Unfortunately, there have been lawsuits in which their motions to compel were granted.

Bey v. Midland Credit Management, Inc., Dist. Court, D. Maryland 2016

Harris v. Midland Credit Management, Inc., Dist. Court, D. New Jersey 2016

JALLO v. MIDLAND FUNDING, LLC, Dist. Court, SD California 2014

 

 

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42 minutes ago, BV80 said:

@Brotherskeeper

In the case you cited, they couldn't satisfy the court.  Unfortunately, there have been lawsuits in which their motions to compel were granted.

Bey v. Midland Credit Management, Inc., Dist. Court, D. Maryland 2016

Harris v. Midland Credit Management, Inc., Dist. Court, D. New Jersey 2016

JALLO v. MIDLAND FUNDING, LLC, Dist. Court, SD California 2014

 

 

@BV80

Ugh. I guess it depends on how the court views the adoptive business records rule. Perhaps these judges are unaware of the CFPB consent orders signed by plaintiffs and their assignors. 

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On 3/30/2016 at 2:31 PM, BV80 said:

@Brotherskeeper

In the case you cited, they couldn't satisfy the court.  Unfortunately, there have been lawsuits in which their motions to compel were granted.

Bey v. Midland Credit Management, Inc., Dist. Court, D. Maryland 2016

Harris v. Midland Credit Management, Inc., Dist. Court, D. New Jersey 2016

JALLO v. MIDLAND FUNDING, LLC, Dist. Court, SD California 2014

 

 

@BV80

Add another one to your list.  Michigan Plaintiff sues Midland and Stillman Law Office for bringing time-barred suit under FDCPA 1692e(2)(a), e(5), e(10).  Midland's motion--joined by Stillman-- to compel arbitration is granted.  (I'm so  happy Midland didn't try this when we filed our FDCPA suit.)

https://docs.justia.com/cases/federal/district-courts/michigan/miedce/4:2015cv10322/298215/43

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