nickysduck2

Need a 2015 copy of the Citibank N.A (Home Depot) cc agreement

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PRA does file small claims suits in  my local  court which is why Im thinking I need to elect arb to prevent that. I was offered a settlement in their last letter but can't afford the terms and have'nt responded. So bottom line I understand there are no guarantees here, but I am prepared to go ahead and initiate a claim against PRA to show im not bluffing. I am gambling that they won't pay the fees on only a $745 debt.

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1 hour ago, kraftykrab said:

Also, I don't recall exactly where at the moment, but I did see a credit card debt case where the JDB successfully argued that it was a party to the contract because as the successor to the OC, they gain all the rights and responsibilities therein.  I don't know if I've ever seen of a consumer making the same argument in the opposite direction--that the JDB was a party to the contract by succession.  I know that in anything that's covered under RESPA, which obviously does not apply to a credit card, the JDB assumes all liability for the OC's actions if the debt was acquired after default occurred.  Obviously that does not help in this specific case...

Well, I suppose it depends upon which rights and responsibilities they gain.   For instance, under the TILA, OCs are required to send periodic statements as long as interest and finance charges are being added to an account, but JDBs are not bound by TILA.  Therefore, if an OC didn't send the required periodic statements, the JDB would not be held vicariously liable for the OC's violation.

 

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17 hours ago, nickysduck2 said:

PRA does file small claims suits in  my local  court which is why Im thinking I need to elect arb to prevent that. I was offered a settlement in their last letter but can't afford the terms and have'nt responded. So bottom line I understand there are no guarantees here, but I am prepared to go ahead and initiate a claim against PRA to show im not bluffing. I am gambling that they won't pay the fees on only a $745 debt.

In that case there is little reason to mention arbitration within any DV notice, should you decide to request DV.  If anything, mentioning arbitration within a  DV notice might set them on a mad dash to the small claims courthouse.  However, requesting DV may give you additional time to establish jurisdiction in the arbitration forum, since PRA would likely temporarily suspend all collection efforts on the account.

If PRA does make it to small claims (TN General Sessions Court) before you can establish jurisdiction in the arbitration forum, you may still have a remedy to enforce arbitration.  TN General Sessions Court is a court of limited jurisdiction.  Appeals from their judgments take the form of trial de novo in the courts of general jurisdiction.  See here.  A de novo appeal is something like a complete do-over.  So, if you are willing to appeal any judgment in Small Claims/TN General Sessions Court to the court of general jurisdiction, you should be able to compel arbitration then (in the de novo case) without worry about the small claims carve out.  And the prior litigation in the lower court shouldn't amount to waiver, both because it is de novo and because of the language in the citibank agreement.

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This agreement is dated 8/14, if that is of any use.  Although, it is based on the 72100BSP master agreement and not the 72000K master agreement.  All the agreements posted on the citibank website proper have been 72000K agreement variants.  Agreements posted on the homedepot website proper, or through the online application process, have been 721XX based agreements.  It is very difficult to know which agreement (if any) that citibank provided to  PRA for any particular account.

You should know that PRA will likely ignore any arbitration demand that you file and serve upon them that doesn't have the force of a court order.  Getting such an order can be expensive, especially if you have to file a federal case to do so.  This is in addition to the small claims carve-out hurdle.

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13 hours ago, Xerxes said:

This agreement is dated 8/14, if that is of any use.  Although, it is based on the 72100BSP master agreement and not the 72000K master agreement.  All the agreements posted on the citibank website proper have been 72000K agreement variants.  Agreements posted on the homedepot website proper, or through the online application process, have been 721XX based agreements.  It is very difficult to know which agreement (if any) that citibank provided to  PRA for any particular account.

You should know that PRA will likely ignore any arbitration demand that you file and serve upon them that doesn't have the force of a court order.  Getting such an order can be expensive, especially if you have to file a federal case to do so.  This is in addition to the small claims carve-out hurdle.

Thanks but this all seems way too confusing. I thought if I elected arb and initiated based on the cc agreement  they had to obey the cc agreement ? We are really struggling financially,living week to week and can't afford to pay a lump sum settlement on this but im beginning to think it might just be best to accept the payment terms they just mailed and leave it at that.

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I guess I was initially under the impression they had already sued you. 

If it were me, I would lay low and wait to see if they do sue.  At that point you can move the court to compel arbitration and hope they don't want to throw good money after bad. 

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