Berrygin

Sued by Portfolio Recovery in Georgia

Recommended Posts

1 hour ago, Berrygin said:

Man....oh, another question, he said the arb agreement could not be from 2016, but the year the card was charged off.

That is actually correct.  The last card agreement in effect when the card was charged off applies not one from now when the account is charged off and sold.

1 hour ago, Berrygin said:

Aren't they supposed to be beholden to the latest c.c. agreement?

No.  The latest one when the account was still active.  If your account was still active and in use after years of being open then yes, they would be held to the current agreement.

One argument I would be prepared for is that when you said you wanted a trial you waived your right to arbitration.  

Share this post


Link to post
Share on other sites
10 hours ago, Clydesmom said:
 

That is actually correct.  The last card agreement in effect when the card was charged off applies not one from now when the account is charged off and sold.

No.  The latest one when the account was still active.  If your account was still active and in use after years of being open then yes, they would be held to the current agreement.

One argument I would be prepared for is that when you said you wanted a trial you waived your right to arbitration.  

It's "funny" there was no offer in the hallway, pay in full he said....Judge said if there was no agreement, a trial would be today, so I feel I had a trial thrust upon me, when I had no idea it was even a possibility that day. Couldn't get a continuance.

Since I was not aware that  the year of the cc agreement was pertinent, should i try to close the agreement with AAA , and start a new one, or try to amend that one? Something weird, the CC agreements on cfpb do not show any for 2015, so would have to contact the original credit card company it appears.

 

OH, does anyone know how long do I have to appeal???? (EDIT, found the info, 30 days)

Share this post


Link to post
Share on other sites
3 hours ago, Berrygin said:

It's "funny" there was no offer in the hallway, pay in full he said....Judge said if there was no agreement, a trial would be today, so I feel I had a trial thrust upon me, when I had no idea it was even a possibility that day.

This is where I am going to be tough love on you:  YES you did know this.  Go back to page one of this thread and ready the first several of my posts but most importantly where more than once I said this:

" If the Plaintiff won't agree to arbitration or to drop it then you both have to go back to the Magistrate right then and you argue your MTC arbitration and if its denied there is a trial right then.  If you lose you appeal de novo in GA. "

Being nervous is expected.  Unprepared is not.  

3 hours ago, Berrygin said:

Something weird, the CC agreements on cfpb do not show any for 2015, so would have to contact the original credit card company it appears.

Most credit card companies update their card agreements every 2 years unless there is  a material change requiring it sooner.  The last one effective when the account went into default is the one that applies.

I would compare that one to the 2016 agreement and if they are exactly the same word for word I would argue in my appeal that the Judge was wrong under contract law in that assignees are bound by the terms of the agreement and since both are worded identically that either one applies to the account in question.

  • Like 1

Share this post


Link to post
Share on other sites

Why would you go to court unprepared to defend your right to arbitration?

They said you had the wrong agreement, okay, did you ask them to produce the correct one? 

It is impossible to "waive your right to arb" when 1) You filed an arb claim, and 2) You have not yet, up to that point, participated in court proceedings.  The attorney was blowing smoke, just hoping you would not have done your homework and were unprepared.  He was right.

  • Like 2

Share this post


Link to post
Share on other sites
On 10/9/2016 at 11:33 AM, fisthardcheese said:

Actually, if they challenge your agreement as not being the correct one, then ask them for a copy of what they claim is the correct one.   When they don't have it, say, okay, then pull out a notarized affidavit that says to the best of your knowledge, the corresponding card agreement is a true and correct copy of the agreement concerning the account in question.  That should put that to rest.

Anything else they say, just refer back to the agreement and arbitration provision.  It says I have a right to arbitration, the Supreme Court agrees.  Just keep pushing arbitration and eventually you will get them to pull out their secret dismissal form that they always carry with them.  Your goal is to get them to pull it out of their brief case and sign it.  Ignore all their hot air and threats, as the only thing that matters is they are dismissing.

^^^^^ I gave you the exact remedy a full month before you went to court for exactly what happened to you this week.   This was in addition to re-posting the full MTC that is posted a million times on this site, and in addition to all the other very good advice given by other members.  All one has to do is actually READ what is posted, do some research and homework of your own and you do well. Especially in GA courts.

On 11/11/2016 at 3:54 PM, Berrygin said:

It's "funny" there was no offer in the hallway

Yes there was.  Over a month ago on your first court date, when you ignored them asking for you in the hall.  That would have been a great chance to throw the arb at them with THEM being the unprepared party.  Instead, you forced a continuance, then went back a month later and still did not have any prepared arguments or a plan.

  • Like 1

Share this post


Link to post
Share on other sites

For the benefit of any present or future GA posters, what @fisthardcheese said was exactly right.   GA defendants who  FOLLOW the advice given here have been very successful in getting their cases dismissed.  You can read many previous threads to see that for yourself.   But your case is yours alone and you have to work at it to win.

  • Like 2

Share this post


Link to post
Share on other sites

First off, I want to thank everyone for their advice....and hope this can be a lesson to anyone who has to deal with PRC, or the others, as clearly their tactics have changed of late.

Yes, I did make mistakes. I tried to be prepared, but this is a subject I knew NOTHING about, til 2 months ago. As is the case with most people that first show up here. I cannot tell you how many posts I read here,(some that were more pages than this, one and stupidly, one's from other states, just to see what the outcome was) and on other forums. Law/lawyer sites. I've been out of school for decades, forced memorization of info is not a forte. Others here, being helpful, have their cases to recall , and have replied  on dozens if not hundreds of threads, know these facts well, I  didn't. I read them, printed them out, then forgot them. I had 2 files filled with paperwork, much of which didn't apply to anything I needed to know, it now turns out. I had a very good day the first time I was in court, based on the advice I was given here, the lawyer didn't expect me to mention arbitration for some reason, but a "trick" he used that no one mentioned(Not blaming people , people cannot know all possibilities, can they? ) was talking to me BEFORE going into the courtroom. I REALLY wish I had ignored him, as it gave him time to think, text for advice. IF I had just been busy on my phone and didn't hear my name being called, he would have less time to react in the courtroom, to ask for a continuance. Water under the bridge.

I was more lax this time, because I thought the mere fact I had filed arb, and showed up in court was going to make them give up. it didn't . Looking back at older posts, Clydesmom was absolutely right, she had mentioned immediate Trial, I just didn't remember that fact. And, I didn't think it was likely, since I thought since I filed arb, and had shown up, it was highly unlikely they would put up a fight at this point, for a small case like mine, I was wrong. Again, my fault, sure...people did tell me though that I was very likely to win, just fighting in the first place....

 
Quote

 

Here is what will happen:  The Magistrate will send you and their lawyer to the hallway to try and settle it.  They will try to convince you arbitration doesn't apply and/or it is too expensive for you (it isn't, your fee is capped at $250 don't fall for this argument or let it scare you) ALL you need to do is hang tough and stand firm that you want binding arbitration through JAMS.  If they ask what it will take you simply say they can go to arbitration in JAMS (they won't) or sign the dismissal with prejudice.  I guarantee you PRA folds.  They don't want to have to argue in front of the Magistrate.
 

 

Now settlement can also mean the Plaintiff realizes the Defendant is not low hanging fruit and finally asks what they want and when handed a dismissal with prejudice signs it or agrees to arbitration and then you go back and simply hand that paperwork to the Magistrate:  CASE OVER.

 

 

 

....

On 9/20/2016 at 4:26 PM, CCRP626 said:

how much of a heads up will the defendant have to object?

Quote

 

Object to what?  The hallway conference?  None.  Magistrate Court doesn't allow motions in advance everything is done the day of trial.  Basically the Bailiff will call all parties on the docket to see who showed up.  Then the Magistrate will advise all matched sets to see if they can work it out and feel free to use [space] (usually the hallway) to talk and try to work it out.  Then the scenario I laid out above takes over.

 

 

They did ask for and get a continuance, which I don’t recall anyone mentioning, as far as I see, until after the fact, and that’s all the opening they needed, as it turns out. Again, just mentioning. 

 

 

Share this post


Link to post
Share on other sites
22 hours ago, fisthardcheese said:

^^^^^ I gave you the exact remedy a full month before you went to court for exactly what happened to you this week.   This was in addition to re-posting the full MTC that is posted a million times on this site, and in addition to all the other very good advice given by other members.  All one has to do is actually READ what is posted, do some research and homework of your own and you do well. Especially in GA courts.

Yes there was.  Over a month ago on your first court date, when you ignored them asking for you in the hall.  That would have been a great chance to throw the arb at them with THEM being the unprepared party.  Instead, you forced a continuance, then went back a month later and still did not have any prepared arguments or a plan.

Fisthardcheese, I did take your advice,(A much of it was very helpful, the form in particular, thanks again) PRC  told the judge they wanted a continuance, to make me file arb in 30 days.  I did talk to them in the hallway, the 1st time, as I mentioned before, and in the post just above , before going into the courtroom. I held firm in front of the judge with the lawyer talking about how I would have to pay arb fees, I said I know, $200 dollars.

I was talking about the 2nd time when the judge said we could talk in the hall, or go to trial. I was trying to find out what they might offer as I didn't even know what court costs would be with a trial, and the PRC guy offered, pay in full. So I felt I truly had nothing to lose at this point (save court fees) as they were going to get $1200 if I "settled" with them in the hallway, the 2nd time out....

I sure didn't know they would call into question the cc agreement,(and that the PDF file had no website markings, ) as I thought since I had sent it to AAA, them, and given a copy to the judge, I was fine there as well. And of course the lawyer went on bloviating forever, with facts and just bs, so I was trying to react to what he was saying, how to defend that, which was of course what these lawyers do, got my mind sidetracked, I'm clearly no lawyer...I see you mentioned getting notarized affidavit for the agreement, awhile back, I missed that point. I was looking in other directions, at that point. I screwed up.

But, if I hadn't been cheap, and paid for AAA up front, they wouldn't have had a leg to stand on in court, would they?

 

 

 

Share this post


Link to post
Share on other sites

So, now in theory, I know better....PRC isn't folding as in the past. No doubt they weren't making as much as before because of the good advice on forums like this one.

I was thinking I was basically home free. I wasn't ....NorminGeorgia said....
 

Quote

 

If you are able to pay the fee to file an appeal, then you should do that if you want to try again.  An appeal to State Court means that the case starts over completely new as though it never happened in Magistrate Court.    I doubt the AAA case was closed, correct?  Is it still on the AAA website?  You can email AAA to make sure and then you can pay the fee before you file the appeal.   Or at least find out why AAA failed to send out any invoice or follow up email.       This all assumes you have the cash to pay AAA and for the appeal.  That would take away Perry's argument about arb being waived.    Then if he wants to settle the case after your MTC has been approved and before going to trial, you can ask to be reimbursed for the money you spent as part of the settlement agreement.   Just my two cents.  


 

This sounds good to me...I haven't had a chance to contact AAA yet. Since I won't be (hopefully) caught off guard like I was the 2nd time, does State Court seem like I a good idea? have folks here had good luck after losing in Magistrate?

Thanks....

Share this post


Link to post
Share on other sites

 

It does not matter if you lost in Magistrate Court.  State Court will hear the case from the beginning as if the Magistrate case never existed.    State Court tends to require more paperwork than Magistrate Court.   Anyway, if you go into State Court with a MTC, a AAA case number, and proof you paid AAA the filing fee, you would be in pretty good shape.  

Since it will be more work and more paperwork, you should  seriously consider consulting a Consumer Attorney to take care of the appeal as well as negotiating a settlement with the Plaintiff that will pay the attorney's expenses and your expenses.    A junk debt buyer would be insane to pay ~ $4000 in AAA fees to try to recover a $1200 debt, so an attorney MIGHT take your case with no payment up front. 

Nelson Chambers is pretty good.  nelsonchambers.com

  • Like 3

Share this post


Link to post
Share on other sites
9 minutes ago, NormInGeorgia said:
 

 

It does not matter if you lost in Magistrate Court.  State Court will hear the case from the beginning as if the Magistrate case never existed.    State Court tends to require more paperwork than Magistrate Court.   Anyway, if you go into State Court with a MTC, a AAA case number, and proof you paid AAA the filing fee, you would be in pretty good shape.  

Since it will be more work and more paperwork, you should  seriously consider consulting a Consumer Attorney to take care of the appeal as well as negotiating a settlement with the Plaintiff that will pay the attorney's expenses and your expenses.    A junk debt buyer would be insane to pay ~ $4000 in AAA fees to try to recover a $1200 debt, so an attorney MIGHT take your case with no payment up front. 

Nelson Chambers is pretty good.  nelsonchambers.com

I haven't met an attorney yet who will tell a consumer they will help them get a case into arbitration because they just don't understand and refuse to accept that this strategy works if done right.

If you have the money for an appeal, I would do it.  Nothing that happened in Magistrate can be brought up, it's a brand new trial.  Therefore, you do the MTC all over again.  This time, you get the card agreement for the correct year and get a notarized affidavit testifying that it is the correct agreement.  As norm said, combine this with a copy of the AAA welcome letter with your case number on it and the State court should grant your MTC.

You better read the magistrate appeal rules closely, you only have a short amount of time and must notify the court and other side you intend to appeal.

  • Like 1

Share this post


Link to post
Share on other sites
1 hour ago, Berrygin said:

So, now in theory, I know better....PRC isn't folding as in the past.

Their only argument was "you don't have the right card agreement".  But you offered nothing to force their hand.  If you had said ANYTHING, like "then what IS the correct agreement" or "I have not been provided any other agreement" or "what is the basis of your lawsuit if you don't have a contract to sue on"? ... almost anything would have required them to prove that your agreement isn't the right one.  They did not change their strategy or aren't folding as in the past.  That is just a basic, throw stuff at the wall and see if it sticks, which you were told about several times.

If you appeal, they will again question your agreement or say off the wall things to get out of going to arb.  You need to know the laws, case laws and what your argument is FOR arbitration and let the judge know your argument if there is a hearing.

  • Like 1

Share this post


Link to post
Share on other sites

Like a bad penny, I am showing up again, asking for more advice....between illness, and trying to decide if I once again wanted the hassles/intense stress of going to court (My anemic checking account makes that answer for me) I am going to try to appeal....been doing some research,(contacted one lawyer, emailed a few times, , he wasn't scared off by my  failure in court, but after he asked what the amount was, I haven't heard back from him) but time is close to running out. Had 30 days to file, and really it's only 29 as the 10th is a Saturday....I was wondering, Is the best form for filing for State court appeal???? Or is there something better to use? I see nothing on their website, which seems odd to me....unless I am missing something...

http://www.claytoncountyga.gov/courts/clerk-of-state-court/court-forms.aspx

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwjthcnJo9_QAhVB5yYKHR31CQIQFggaMAA&url=http%3A%2F%2Fwww.gaappeals.us%2Fcguide%2Fcitizens_guide_2012.pdf&usg=AFQjCNHH7YjqeYbo7uG3ISNQRr2Tul0jGQ&sig2=U_lHpwgjoBCdyO3o1FPpeQ&bvm=bv.139782543,d.eWE&cad=rja

 

FORM 1 - NOTICE OF APPEAL (CIVIL or CRIMINAL CASE)
NOTICE OF APPEAL
IN THE ___________ (SUPERIOR, STATE, ETC.) COURT
OF _______________________ COUNTY
STATE OF GEORGIA
PLAINTIFF * CASE NUMBER
___________________ * ______________________
vs. *
DEFENDANT
___________________ *
NOTICE OF APPEAL
Notice is given that ___________________________________ (Plaintiff/Defendant) in the above
matter hereby appeals to the Court of Appeals of Georgia from the judgment of the trial court entered on the
_____ day of __________________, _______.
The clerk shall ____________________________ (omit nothing from the record on appeal/will omit from
the record on appeal the following: _________________________________________________________.)
A transcript of evidence and proceedings ________(will/ will not) be filed for inclusion in the record on
appeal.
The Court of Appeals, rather than the Supreme Court, has jurisdiction of this appeal because the issue
involved is _________________ and appeals of such cases are not reserved to the Supreme Court of Georgia
pursuant to Article VI, Section VI, Paragraphs II and III of the Constitution of the State of Georgia.
CERTIFICATE OF SERVICE
I certify that I have this day served _______________________ (opposing party or attorney) with
a copy of this Notice of Appeal by ________________ (hand delivery/mailing a copy first class mail postage
prepaid) to him/her at: ________________________________________(complete address of party served).
This the ________day of _________________, _______.
___________________________________________(Sign your name.)
 
well, a wasp has somehow, someway made it's way in from the cold into my home, so I will leave other questions for later....
Thanks!

Share this post


Link to post
Share on other sites

No, you are looking at the wrong thing.  You are not appealing to the appellate court.  You are appealing a magistrate case which goes to either State or Superior court.  You must file a notice of appeal with the magistrate court.  This form is from a different county, but it will give you an idea of what it should look like.  It's just a simple notice.  You can type up your own for your county.

https://www.gwinnettcourts.com/Documents/disclaimer.aspx?ReturnUrl=%2fdocuments%2fMAG+12+Civil+Appeals%2fMAG+12-01+Notice+of+Appeal+7-1-06.pdf

You chose either State or Superior Court.  I don't think it matters which.  I believe the filing fees are the same for either, which is going to be $400.

If I remember right, I think @NormInGeorgia filed an appeal and may be able to confirm the process.

  • Like 1

Share this post


Link to post
Share on other sites

 

The standard form for appealing a MAGISTRATE judgement was pretty easy to find.

Here it is.  https://georgiamagistratecouncil.com/wp-content/uploads/2014/12/mag-12-01-notice-of-appealR.pdf

It looks like you just fill in the blanks for the CIVIL appeal section and pay the fee.  You can confirm the fee amount with your county court clerk.

  • Like 2

Share this post


Link to post
Share on other sites
On 11/14/2016 at 10:43 AM, fisthardcheese said:

....

If you have the money for an appeal, I would do it.  Nothing that happened in Magistrate can be brought up, it's a brand new trial.  Therefore, you do the MTC all over again.  This time, you get the card agreement for the correct year and get a notarized affidavit testifying that it is the correct agreement.  As norm said, combine this with a copy of the AAA welcome letter with your case number on it and the State court should grant your MTC.

You better read the magistrate appeal rules closely, you only have a short amount of time and must notify the court and other side you intend to appeal.

I did hear back from that lawyer, talked to me for quite a bit of time, but doesn't deal with Arb issues...he said technically I do have 30  business days,

Quote

  You are not appealing to the appellate court.  You are appealing a magistrate case which goes to either State or Superior court. 

Quote

You better read the magistrate appeal rules closely, you only have a short amount of time and must notify the court and other side you intend to appeal.

which would give me til next Monday) but I still don't want to put this off any longer than I already have.

(Damn, no way to UNquote?) anyway, Thanks I again know so little about the process of appealing, I just assumed you went to the higher court...

If I file an appeal later today or Thurs...not to sound stupid, but do I still have to notify Cooling and winter Additionally within this 30 day window, or will the court sending a copy be enough for now?

actually, re-reading I see you said

Quote

Therefore, you do the MTC all over again. 

so, I need to mail that out again, anything else I am forgetting?

 

Share this post


Link to post
Share on other sites

You always send copies of anything you file to the attorneys.  You must send a copy of the appeal notice.  I would not send a new MTC to them until I have filed it in the State Court once the case is assigned there.

Share this post


Link to post
Share on other sites

Wow just...wow...

I filed an appeal to state court....last year....took well more than 2 months to get a court date, for a month later, then...I got a letter from the lawyers....they had filed a motion for continuance 6 months...checking on the state court site, (before and after getting a court date) I have never seen my name on the court calendar (kept checking since it took so long to get a court date I was worried that perhaps I had one, but the documents were lost in the mail)  so I did the stupid thing....assumed there was a continuance.

But, some voice in the back of my head said, hey, go to the clerk and make sure (you can't call, it just isn't possible here) Well, they showed it had been filed, but it didn't look like it had been granted....they gave me a person to call, and I will tomorrow to make absolutely sure...thing is...I jumped the gun a bit on filing for Arb, since I had the money. Got that check back in the mail after I got the letter from the lawyers claiming there was an order for Continuance (it looks like to a dope like myself that it was C&W's copy of what they got back from the court, and they just sent it on to me, and I was just waiting for the court to also send it)

It sayts, the Court, having considered the plaintiffs motion for continuance, hearby orders the above styled case to continued from the ______ trial calendar. The parties have six months from the docketing of this appeal in the court to conduct discovery

of course I missed it was prepared by someone at C&W at the bottom of the page, but sure looks like something from the court....like I said, and you know from above, I am a gullible dope,...I just assumed they got the 6 months hoping that I would forget that far out....

my head is spinning right now...I have a court date not, 6 months from now, but quite shortly (I was a bit paranoid and didn't post here right away in case they check, which I am sure they do, but didn't want to make it easy on them....)

So, if you were smarter than I clearly am, what would you do IF I find about what I assume I will tomorrow that they were not granted a continuance? (And is it silly of me to think that the court would at least inform me one way or the other about this filing for a Continuance?)

 

 

Share this post


Link to post
Share on other sites

 

Quote
 

..I jumped the gun a bit on filing for Arb, since I had the money.

 

 

What I meant to say was I got a refund back from AAA, no explanation was given for it. I just looked at the date and it's right after the court date was assigned, not sure what C&W could have said to them to get them to clear the case. I looked for emails from AAA, and I only show the one after I paid and was given a case number (that no longer shows on their system)

Share this post


Link to post
Share on other sites

AAA refunded your money because they refuse to accept cases involving Midland.  That is a positive thing for you, if you have a granted MTC first.

If you haven't already filed your MTC with the court, I would do so like yesterday.  Actually I would have done it as soon as the case was filed in State Court as I stated months ago.  Your entire goal here is arbitration, so you MUST get the MTC to the court immediately.  The only goal is to get them to grant your MTC.  You continue to be concerned with all kinds of side issues.  What difference would it matter if there was a continuance or not if you had already filed your MTC?

  • Like 1

Share this post


Link to post
Share on other sites
5 hours ago, fisthardcheese said:

 

If you haven't already filed your MTC with the court, I would do so like yesterday.  Actually I would have done it as soon as the case was filed in State Court as I stated months ago.  You're entire goal here is arbitration, so you MUST get the MTC to the court immediately.  The only goal is to get them to grant your MTC. 

This is gold-plated advice for anyone seeking a Motion to Compel Arbitration.  Be diligent and push your well-prepared MTC through as fast  as you can before the other side's lawyer (or the court) finds some way to derail your Motion.

  • Like 1

Share this post


Link to post
Share on other sites
On 3/17/2017 at 11:29 AM, fisthardcheese said:

AAA refunded your money because they refuse to accept cases involving Midland.  That is a positive thing for you, if you have a granted MTC first.

If you haven't already filed your MTC with the court, I would do so like yesterday.  Actually I would have done it as soon as the case was filed in State Court as I stated months ago.  Your entire goal here is arbitration, so you MUST get the MTC to the court immediately.  The only goal is to get them to grant your MTC.  You continue to be concerned with all kinds of side issues.  What difference would it matter if there was a continuance or not if you had already filed your MTC?

I have been scrolling up thru posts (instead of from the beginning so I don't get too bogged down in info that doesn't apply to State Court) I recalled reading elsewhere...bookmarkeed it...here is the quote..."Magistrate Court in GA does not allow the filing of motions in advance"

I didn't recall/remember that I needed to file a MTC in advance  in state court. my bad. Just go to the Court Clerk and file? Can I use the same form I used before, or do I need to make any changes for State Court?

You mentioned Midland in relation to AAA not dealing with them anymore, but I am dealing with PRC. More likely since I jumped the gun on filing with AAA (as I wanted to do it while I had the money for Arb,and court costs) and there was no MTC filed with court, the reason they refunded me I guess?

Thanks....

 

Share this post


Link to post
Share on other sites
Hey everyone....well...I had some more questions, and I wasn't even going to ask them as when I scrolled up to see if someone had actually answered my latest questions before, I saw that in my last post, I basically asked a question that had been answered! (A new question comes to mind, and I forget what I read an hour ago, or last week, the memory is not what it used to be). Gah! Clearly I would be a terrible lawyer, the worst ever. I don't get it. Honest, I am not Cletus the slack jawed yokel in my day to day life! Some people have even said I was reasonably smart(Maybe they were just humoring me). but, when it comes to trying to grasp the basics of going to court on your own, I turn into a below room temperature IQ moron.

Now, I can make excuses(as you can tell from previous posts) like, IF PRA had done what they normally did the first time I went to court, and folded like a cheap tent that first time in court...I wouldn't have been done with this last October. but, they didn't and their dreams came true , even though I did show up the 2nd time, I was ill prepared , didn't even recall on page 1 being told there could be a trail right then and there.
I sure wish  I had sent money to AAA, not just filed, but.. like everyone else, .I can't change the past. I wish I had looked online to see the case was incomplete...but I didn't. I hope all of my mistakes do help others in the same boat...
 
ANYWAY,way more than enough of how stupid I am....I've come here hat in hand begging for another chance to be given advice, and hopefully for my brain to grasp it, not overlook 2-3 key words..somehow, I am still not quite dead in the water...there was a mini continuance granted....so...I went and filed for Arb again with AAA. Things had changed since last year even, doesn't seem that email is the way, nor to have an account and try that way (file and Manage a case) I was having all sorts of issues with their new website design, called someone, got a nice guy...he said yeah, much easier to sign in as a guest. Yep, sure was! Simpler form, easy to attach files, etc. I just didn't think that was the way to go since I had an account already. FYI for anyone needing to file with AAA....
 
Well, it's adr.org which brings me to my new stupidity...err new problem. I was waiting to hear back from AAA with a new case number, for my latest filing, so I was constantly checking, then  searching my emails, in case I missed something (All other emails from them had the word Arbitration in the subject line, or the body of the email) but never found anything, and as you know, they are pretty fast responding.   nothing, so I thought, hey, their email, what is that, it's like their website, right? Even though they are AAA, for obvious reasons, they can't have that as a web address, or email handle, it's adr.org, but being slightly dyslexic, I keep putting in ard.org, which is a railroad site...and I was of course searching my emails for ard.org and/or the word arbitration for an email....so, realizing my mistake, I put in adr.org and found in Feb an email that was from them! Didn't have the word arbitration in the subject line, just my name, and cooling and winter and  they had attached a PDF file (which is probably why I had no luck with a  keyword search) and it says....

"Dear Parties:
Claimant has filed with us a demand for arbitration. We note that the arbitration clause provides for arbitration by
the American Arbitration Association (“AAA”).
Prior to the filing of this arbitration, the business failed to comply with the AAA's policies regarding consumer
claims. Accordingly, we must decline to administer this claim and any other claims between Portfolio Recovery
Associates, LLC and its consumers. These policies can be found on our web site, www.adr.org, in the Consumer
Due Process Protocol (“Protocol”) and the Consumer Arbitration Rules.
On a previously-filed consumer matter, this business did not timely submit its share of the filing fees and/or failed
to waive a provision in its consumer contract that the AAA identified as a material and substantial deviation from
the Protocol. The AAA sent correspondence informing the business that it may decline to administer consumer
arbitrations involving this business and requested that the business remove the AAA from its consumer arbitration
agreements so that there would be no confusion to the public.
Accordingly, we have administratively closed our file and will refund any payment received by the filing party.".....

 
so....I had read what you guys said before,( earlier if that makes sense)

Fist Hard Cheese said, Therefore, you do the MTC all over again.  This time, you get the card agreement for the correct year and get a notarized affidavit testifying that it is the correct agreement.  As norm said, combine this with a copy of the AAA welcome letter with your case number on it and the State court should grant your MTC.
 
Norm in Georgia said....Anyway, if you go into State Court with a MTC, a AAA case number, and proof you paid AAA the filing fee, you would be in pretty good shape. 
 
Ok, since AAA isn't dealing with Portfolio or Midland anymore....what can I do? what is my argument? This PDF file did have a case number back in Feb, but that isn't on the website anymore, and of course I have filed again and now  it just says it's under review now (If you are wondering , when they sent the refund back  to me, that's all I got, what looked like an invoice of sorts, with the check, but NOTHING noting why. I know, I should have called them, I just got caught up in the timing with getting a court date, the continuance that wasn't....I thought those were the reasons for the check coming back to me, or some weird legal trick)
 
IF I don't get another confirmation  letter (I do as I said above have a case number for this case, but that's just a formality really) can I still bring a MTC with notarized affidavit of the agreement, do you think I can even get them to grant a MTC, since...it looks like I can't really get arbitration I am allowed to have?
 
I can't go to another Arb company since there isn't another one mentioned in the contract, correct?
 
So confused (More so than usual)
 
Thanks again

Share this post


Link to post
Share on other sites

Are you saying that you have still not filed an MTC with the court?

That is the ONLY thing you should have and need to do for this case.  You are really playing with fire.  Why are you messing around with AAA filings?  You are going to end up with another Summary Judgement.

You let another month go by since I gave you this last advice:

On 3/17/2017 at 11:29 AM, fisthardcheese said:

If you haven't already filed your MTC with the court, I would do so like yesterday.  Actually I would have done it as soon as the case was filed in State Court as I stated months ago.  Your entire goal here is arbitration, so you MUST get the MTC to the court immediately.  The only goal is to get them to grant your MTC.  You continue to be concerned with all kinds of side issues.  What difference would it matter if there was a continuance or not if you had already filed your MTC?

 

Share this post


Link to post
Share on other sites
7 hours ago, fisthardcheese said:

Are you saying that you have still not filed an MTC with the court?

That is the ONLY thing you should have and need to do for this case.  You are really playing with fire.  Why are you messing around with AAA filings?  You are going to end up with another Summary Judgement.

You let another month go by since I gave you this last advice:

 

Fisthardcheese , you are clearly better at seeing the bigger picture, and I get hung up in the smaller details...

Quote


Therefore, you do the MTC all over again.  This time, you get the card agreement for the correct year and get a notarized affidavit testifying that it is the correct agreement.  As norm said, combine this with a copy of the AAA welcome letter with your case number on it and the State court should grant your MTC.

 


 
So, you are basically saying, just go in with a MTC  with the CC agreement, and a Notarized affidavit.... my case number was deleted(sent this one, MTC, etc to PRA after filing earlier) from Feb as they don't do business with Portfolio anymore... I do have a case number for this filing,(under review, first time they have said this, but not via email, just their site) and I have paid, and can prove that...
just do that, go to the State court clerk with that stuff, and I should be good to go? No need to show the pdf showing AAA isn't dealing with Portfolio? It's basically Portfolio's problem that they can't live up to their part of the contract ?
Starting to make a bit more sense, I think...
 
 
 

 

 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.