skyflakes

Do I stand a chance against Midland Funding?

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Hi, I've been reading threads here for few days now.. and I was wondering if I stand a chance against Midland Funding. They haven't sue me yet. But I received letter from them trying to collect a debt and says if I don't reply to them, they're  going to sue me. Therefore, I sent them a letter telling them I wanna elect Arbitration about this matter. (Which I read in arbitration step by step thread) 

After that, they sent me documents like bill of sale and affidavit from original creditor and credit card statements. 

Now Im asking whats next thing to do?

 

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Most likely, they will probably sue anyway... do you know if the alleged card is subject to arbitration?

 

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2 hours ago, skyflakes said:

OC is amazon..  synchrony bank, used to be GE. Do I stand a chance against Midland Funding with all their documents that they provided to me?

As @1stStepsuggested, you can look into arbitration.   It's in the cardmember agreement.   When was the account charged off?

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@skyflakes

If you are able to arbitrate your case, read this:   Maybe @PAGRN will respond.  You can also send her a PM.

 

A TX member name @PAGRN got her case dismissed with arbitration.  Follow the advice in her links in chronological order starting with May 1,   

http://www.creditinfocenter.com/community/profile/170441-pagrn/

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Anyone who is willing to fight back (and learn) stands a very good chance of winning, especially if you haven't even been sued yet.

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I think you have good shot at arbitrating this.   I would send a letter to the law firm for Midland who contacted you advising them that you intend to exercise your contractual right of private arbitration.    Which arbitration company is listed, JAMS or AAA?  Also  send a letter to whatever address is at the bottom of your card agreement, notifying them of your intent to arbitrate.

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How much is the alleged debt?  Is that the only section that discusses arbitration?  Isn't there another section that states you can arbitrate with JAMS, and they will pay the fees? 

Next you need to become familiar with Texas arbitration rules, and you need to make sure you elected arbitration with JAMS. (Not just arbitration).    If the creditor was synchrony bank, the contract probably states they will pay the fees.   When you sent the letter to Midland, did you state you wanted arbitration with JAMS, and did you ask them to pay the fees.  

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.171.htm

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16 hours ago, debtzapper said:

I think you have good shot at arbitrating this.   I would send a letter to the law firm for Midland who contacted you advising them that you intend to exercise your contractual right of private arbitration.    Which arbitration company is listed, JAMS or AAA?  Also  send a letter to whatever address is at the bottom of your card agreement, notifying them of your intent to arbitrate.

@debtzapper it says JAMS or AAA. and I read some of thread suggesting doing it with JAMS. Thank you for your reply and I will send them a letter right away. Again, Thank you!

7 hours ago, PAGRN said:

How much is the alleged debt?  Is that the only section that discusses arbitration?  Isn't there another section that states you can arbitrate with JAMS, and they will pay the fees? 

Next you need to become familiar with Texas arbitration rules, and you need to make sure you elected arbitration with JAMS. (Not just arbitration).    If the creditor was synchrony bank, the contract probably states they will pay the fees.   When you sent the letter to Midland, did you state you wanted arbitration with JAMS, and did you ask them to pay the fees.  

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.171.htm

@PAGRN Here's the rest of Arbitration part in the CC agreement. The alleged debt is $2,100.xx .  Thanks for your advice! I will start reading the Texas arbitration rules.

 

and I will send them another letter, letting them know that I wanted to do private contractual arbitration via JAMS to resolve any dispute between me and midland.

Again, Thank you guys for replying!

 

 

Arbi agreement.jpg

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15 hours ago, PAGRN said:

How much is the alleged debt?  Is that the only section that discusses arbitration?  Isn't there another section that states you can arbitrate with JAMS, and they will pay the fees? 

Next you need to become familiar with Texas arbitration rules, and you need to make sure you elected arbitration with JAMS. (Not just arbitration).    If the creditor was synchrony bank, the contract probably states they will pay the fees.   When you sent the letter to Midland, did you state you wanted arbitration with JAMS, and did you ask them to pay the fees.  

http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.171.htm

@PAGRN  Thank you very much for responding.

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The key language regarding the fees in that clause is that they agree to pay all fees IF you initiate arbitration and IF you win.  But you also need to ask them to pay the costs too, it states that in there.  So, I would be sure to include in your letter a statement that you expect them to pay all fees and costs of arbitration in accordance with the written agreement.  If you don't ask, you will end up paying. 

Also, while there's a requirement in the agreement that you send them written notice of your intent to arbitrate, many courts may not view that letter as sufficient to constitute "electing arbitration".  That's why many folks will suggest that, if they do sue you, you should initiate the arbitration....don't wait for the judge to rule on a motion to compel.  You could even do this prior to filing a motion to compel, and include the initiation docs in with your motion.  But I know, that's down the road a bit.  The agreement does say that the party alleging the claim is responsible for initiating arbitration, but they will likely oppose a MTC. 

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If this were me, I would file in JAMS right now.  The GE contracts say they will pay all arb fees, so it will cost you nothing. I would send the demand form, a copy of the card agreement and a copy of the letter I am sending to Midland's attorney asking them to pay the filing fee to JAMS per the card agreement.  I send copies of everything to the Midland attorney as well by CMRRR.   www.jamsadr.com has all the forms, rules and instructions for filing.

This will be in your favor by filing before they sue. 

 

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Skyflakes, what happened?  Midland Funding has opened a civil claim on me in Galveston County - I just haven't been served yet.  I am trying to decide what to do.  The alleged debt is with Dell.

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On 2/1/2017 at 2:17 PM, fisthardcheese said:

If this were me, I would file in JAMS right now.  The GE contracts say they will pay all arb fees, so it will cost you nothing. I would send the demand form, a copy of the card agreement and a copy of the letter I am sending to Midland's attorney asking them to pay the filing fee to JAMS per the card agreement.  I send copies of everything to the Midland attorney as well by CMRRR.   www.jamsadr.com has all the forms, rules and instructions for filing.

This will be in your favor by filing before they sue. 

 

 

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1 hour ago, pockets66 said:

Firsthardcheese, I hope I am not imposing but your statement applies to what is going on with me.  I know that Midland Funding/Scott & Associates out of Carrollton Texas opened a claim on Feb 2, 2017 with the jop galveston county 4.  A citation to serve was set out on the 27th of March.  I have not been served yet.  The alleged debt is with dell.  In March I asked them to validate the debt thru certified mail and the CFPB. They sent a bill of sale, affidavits showing how the debt changed hands 4 times and dell agreement from 2013.  Alleged account was opened in 2011.  They included statements for 2015 and part of 2016.  I have read posts on the board that won Midland Funding cases but they were in CA.  Is arbitration something I should think about doing now before I am served?  Should I start my own thread?  Thanks in advance

Yes, please start your own thread.  Just an FYI, Scott & Associates is a debt collection law firm that Midland has hired to represent them in court.  It's the same as if you hired a lawyer to represent you in court.

In your own thread, please copy and answer the questions in the link.

 

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I know its been awhile..  and sorry for not updating about the case.. 

Anyways.. the week after I sent the letter (elect arbitration) to midland funding.. I received their complaint and sued me.

During that time I haven't filed with JAMS.

So, Answered their complaint with my MTC arbitration.

Went to motion hearing. I was really scared. I panic so cant talk to the Judge properly. It was a bad experienced. 

The Judge want me to do the steps to arbitration in OC agreement.  ( which  I didn't do because plaintiffs filed lawsuit already I thought I need to wait for the Judge to grant my motion before I go forward.)

Then, then plaintiffs asked for continuance and the Judge gave us 30days. 

 

After the hearing, I Followed the steps in the OC agreement for arbitration. With guidance of this forum, it was easy to do. 

Sent notice of arbitration to plaintiffs attorney, to midland and to synchrony bank with my JAMS Demand forms.  Then I waited until they received my letter. After that I sent my JAMS demand form to JAMS. 

Few days later, JAMS received my demand forms and received an e-mail from them. 

I Print everything and made copies of all the documents I might need to show for the Judge. 

 

30days passed and this morning was the 2nd hearing. The plaintiffs didn't show up. :) So my case got dismissed. They said they going to post the Order online and wait 24hrs. 

 

And I would like to THANK YOU ALL for the help and advices. The thread about arbitration really helped me A LOT! Again, thank you so much!! 

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Congrats!! You did a great job even though all the nerves and panic.  Midland had no intent to arbitrate, which is why they didn't even bother to show up.  Once you proved to them that you filed and followed the judge's instructions to you perfectly, they knew it was over for them. 

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HOT DAMN!  We finally got another win with arbitration in TX, just  like @PAGRN did!  Arbitration in TX can and does work, if you have the right card agreement, prepare your case properly, and have a fair and honest judge. 

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On 6/14/2017 at 11:11 AM, skyflakes said:

yes.. and you are definitely right about everything! thank you again for the help. 

Thank you for thanking those  who helped.  Drop in now and then and pay it forward.

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