HellGato Posted March 16, 2017 Report Share Posted March 16, 2017 Anyone know where I can find or anyone has the erms and Conditions for around 2007 Planning a Pre-preemptive Strike for Arbitration I think it was a Platinum Harley Davidson Card Thanks Quote Link to comment Share on other sites More sharing options...
RobinMontrose Posted March 16, 2017 Report Share Posted March 16, 2017 3 hours ago, HellGato said: Anyone know where I can find or anyone has the erms and Conditions for around 2007 Planning a Pre-preemptive Strike for Arbitration I think it was a Platinum Harley Davidson Card Thanks Try here https://www.consumerfinance.gov/credit-cards/agreements/ BTW, Preemtive strike? Why?! Quote Link to comment Share on other sites More sharing options...
HellGato Posted March 16, 2017 Author Report Share Posted March 16, 2017 7 hours ago, RobinMontrose said: Try here https://www.consumerfinance.gov/credit-cards/agreements/ BTW, Preemtive strike? Why?! Thats a great link thanks like the part: quote " If you are looking for information specific to your account, contact the bank or institution that issued your card. By law, the issuer must make your agreement available to you upon request. If you are having trouble getting your agreement, let us know by submitting a complaint. " unquote I am following some advice this from this forum is a portfilio recovery associates collections for about $6000 they been calling me for three years steady and at random times i have a app that blocks them but it still rings once. Is a half year away from SOL here in AZ if we were still in Texas it would be beyond SOL of 4 years but i moved here 3 years ago. This is designed to free up my phone and if get calls start to document them for FDCPA violations and maybe they start to accumulate. They have not initiated a lawsuit as yet but from experience with them they are on the edge of doing it. so is why I as my Pre-preemptive Strike I contact the bank and try to get the terms my old ones the new terms I got from this bank for cards still has arbitration in it and JAMS so I am sure the old one will to or have better terms.. just looking for a edge with these people Thanks Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 16, 2017 Report Share Posted March 16, 2017 @HellGato You can use an agreement that's dated during the time the account was in good standing. It doesn't have to be dated the year the account was opened. 1 Quote Link to comment Share on other sites More sharing options...
HellGato Posted March 16, 2017 Author Report Share Posted March 16, 2017 1 minute ago, BV80 said: @HellGato You can use an agreement that's dated during the time the account was in good standing. It doesn't have to be dated the year the account was opened. last payment was 2011 I check that too thanks Quote Link to comment Share on other sites More sharing options...
HellGato Posted March 18, 2017 Author Report Share Posted March 18, 2017 I found a old statement is a US Bank Harley Davidson Chrome I not see the new ones like that the ones I found for gold platinum and others for US Bank have arbitration in them and a survivability clause and something called fast track . This is a custom letter I thinking of sending what do you guys think is it too much should I just tone it down some? Thanks for the feedback and advise. My Name My Address My Town in AZzip Account number ________________________ Date _____________________, 2017 Dear _________________________, This letter is in response to your letter dated ______________________, 2017 (copy enclosed). I hereby do dispute this alleged account and/or amount as so stated. As per the FDCPA § 809, I have the right to request proper validation of the alleged debt. I elect private contractual arbitration via JAMS to resolve any disputes between us. I don't ever recall giving permission to allow any calling of my phone number 6xxx xx-xxx which is on the Federal Do Not Call List since October 24, 2013 and has been subject to past violations of FDCPA § 806 (5) and (6). All phone calls are inconvenient, so all communications need to be by mail. Regards, My Name Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted March 20, 2017 Report Share Posted March 20, 2017 On 3/16/2017 at 9:28 AM, HellGato said: This is designed to free up my phone and if get calls start to document them for FDCPA violations and maybe they start to accumulate. There is no precedent that them continuing collection activity following an arbitration 'election' letter is any sort of FDCPA violation. (Even if it were, there is no "accumulate". You get a max of $1,000 in any one lawsuit regardless of the number of violations.) If you want to move things along, send them a Cease and Desist letter. Then if they sue you, file a MTC arbitration. If your only interest at this point is to free up your phone, you can download an app to automatically reject any calls from their number. 1 Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted March 20, 2017 Report Share Posted March 20, 2017 1. PRA will completely ignore your demand for arbitration. It will either require filing a PTC in federal court or waiting to see if they sue and then filing a MTC in that court. 2. Your letter has no legal basis. They are only required to "validate" a debt if you send a written dispute within 30 days of the first collection letter. 3. If they are continuing to call me, I would be answering those calls, at least for a couple seconds and recording them (if legal in your state). I would be looking for the tell-tale signs of auto-dialing and wanting the calls to register on my phone bill. I would then use this proof to have an attorney file TCPA suit against them after I accumulate a dozen or more calls. 1 Quote Link to comment Share on other sites More sharing options...
HellGato Posted March 22, 2017 Author Report Share Posted March 22, 2017 On 3/20/2017 at 8:25 AM, Harry Seaward said: There is no precedent that them continuing collection activity following an arbitration 'election' letter is any sort of FDCPA violation. (Even if it were, there is no "accumulate". You get a max of $1,000 in any one lawsuit regardless of the number of violations.) If you want to move things along, send them a Cease and Desist letter. Then if they sue you, file a MTC arbitration. If your only interest at this point is to free up your phone, you can download an app to automatically reject any calls from their number. ah I see well I was also talking about the calls themselves " You can stop these calls to your cell phone however. And if the calls don't stop, the collector must pay damages of $500.00 per call, $1,500 per call if willful. " is in this article Telephone Consumer Protection Act (TCPA) they claim one of their clients walked away with 10000 in damages for willful phone harassment after being told to stop by letter This kinda in line what I was thinking just trying to combine it to let them know is not a easy MSJ with me if they choose to sue https://www.christiearkovich.com/debt-collectors-calling-your-cell-phone-tcpa-protections-you-sho.html Quote Link to comment Share on other sites More sharing options...
HellGato Posted March 22, 2017 Author Report Share Posted March 22, 2017 On 3/20/2017 at 8:34 AM, fisthardcheese said: 1. PRA will completely ignore your demand for arbitration. It will either require filing a PTC in federal court or waiting to see if they sue and then filing a MTC in that court. 2. Your letter has no legal basis. They are only required to "validate" a debt if you send a written dispute within 30 days of the first collection letter. 3. If they are continuing to call me, I would be answering those calls, at least for a couple seconds and recording them (if legal in your state). I would be looking for the tell-tale signs of auto-dialing and wanting the calls to register on my phone bill. I would then use this proof to have an attorney file TCPA suit against them after I accumulate a dozen or more calls. I kinda figured it that way I was gonna put them on notice my phone is off limits then start to monitor them and answer them and start to log them. The arbitration thing is just icing on the cake so to speak.. if they choose to persist with suing me.. just getting ready per say Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 22, 2017 Report Share Posted March 22, 2017 7 hours ago, HellGato said: ah I see well I was also talking about the calls themselves " You can stop these calls to your cell phone however. And if the calls don't stop, the collector must pay damages of $500.00 per call, $1,500 per call if willful. " is in this article Telephone Consumer Protection Act (TCPA) they claim one of their clients walked away with 10000 in damages for willful phone harassment after being told to stop by letter This kinda in line what I was thinking just trying to combine it to let them know is not a easy MSJ with me if they choose to sue https://www.christiearkovich.com/debt-collectors-calling-your-cell-phone-tcpa-protections-you-sho.html TCPA cases used to be a slam dunk but thanks to quite a few consumers filing frivolous suits for "go away" money based on that law companies are now fighting them tooth and nail. Most even carry specific insurance to defend the claims so it costs them nothing to fight you. DO NOT hang all your plans on that. By all means use it to stack the deck but it will not be the single thing that necessarily stops them. 1 Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted March 22, 2017 Report Share Posted March 22, 2017 3 hours ago, Clydesmom said: TCPA cases used to be a slam dunk but thanks to quite a few consumers filing frivolous suits for "go away" money based on that law companies are now fighting them tooth and nail. Most even carry specific insurance to defend the claims so it costs them nothing to fight you. DO NOT hang all your plans on that. By all means use it to stack the deck but it will not be the single thing that necessarily stops them. I disagree. Over a dozen well documented auto-dialed calls holds the same weight in court as it did 5 years ago. Companies may not settle up front like they used to with a pro-se, but that is why I suggested OP use a consumer attorney. As a pro-se, it would likely require filing the federal suit yourself and presenting the proper evidence and discovery. 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 22, 2017 Report Share Posted March 22, 2017 On 3/18/2017 at 0:16 AM, HellGato said: I don't ever recall giving permission to allow any calling of my phone number 6xxx xx-xxx which is on the Federal Do Not Call List since October 24, 2013 and has been subject to past violations of FDCPA § 806 (5) and (6). The Federal Do Not Call List applies to telemarketing, not debt collection. When one applies for an account or loan, a phone number must be provided. If you provided your cell number, you gave permission for debt collection calls. That being said, the debt collector would have to prove that you provided your cell number. Quote Link to comment Share on other sites More sharing options...
RobinMontrose Posted March 22, 2017 Report Share Posted March 22, 2017 On 3/20/2017 at 11:25 AM, Harry Seaward said: There is no precedent that them continuing collection activity following an arbitration 'election' letter is any sort of FDCPA violation. (Even if it were, there is no "accumulate". You get a max of $1,000 in any one lawsuit regardless of the number of violations.) If you want to move things along, send them a Cease and Desist letter. Then if they sue you, file a MTC arbitration. If your only interest at this point is to free up your phone, you can download an app to automatically reject any calls from their number. If you want their attention name their attorney in the action as well! Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 22, 2017 Report Share Posted March 22, 2017 14 minutes ago, RobinMontrose said: If you want their attention name their attorney in the action as well! Unless the attorney is the party who sent the dunning letter and received the validation request, he could not be named as a party. Quote Link to comment Share on other sites More sharing options...
RobinMontrose Posted March 22, 2017 Report Share Posted March 22, 2017 30 minutes ago, BV80 said: Unless the attorney is the party who sent the dunning letter and received the validation request, he could not be named as a party. Isn't this usually the case? I feel that I at least the chance to find out in discovery what their relationship is with the OC. Quote Link to comment Share on other sites More sharing options...
BV80 Posted March 22, 2017 Report Share Posted March 22, 2017 11 minutes ago, RobinMontrose said: Isn't this usually the case? I feel that I at least the chance to find out in discovery what their relationship is with the OC. Unless a debt collector has turned an account over to an attorney, then an attorney is not involved. Any collection letters will only be sent by the CA. Whose relationship with an OC? Quote Link to comment Share on other sites More sharing options...
HellGato Posted March 23, 2017 Author Report Share Posted March 23, 2017 On 3/22/2017 at 9:50 AM, BV80 said: The Federal Do Not Call List applies to telemarketing, not debt collection. When one applies for an account or loan, a phone number must be provided. If you provided your cell number, you gave permission for debt collection calls. That being said, the debt collector would have to prove that you provided your cell number. I just put that there to illustrate I did not want this number spammed I got a nice blocker app "Hiya" but I would like to move on and actually comfortably answer my phone when I don't recognize the number and not have a JBC dialog and general refusal to engage in discussions, this account I am talking about was started 10 years ago and I have had 2 or 3 different cell phone numbers between now and then. I never gave this number to anyone they must have found it on my credit report as someone keeps adding things on there I going to close all three of them tomorrow. So if you all agree this letter is ok as is I will shoot it off say monday unless you all have suggestions for changes or deletions? Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted March 24, 2017 Report Share Posted March 24, 2017 I hate that letter, personally. My letters all look the same, no matter who the collector is: I dispute this alleged debt. Please validate. Signed, Me If you have a new number that was never associated with this account, I would not bother revoking consent that was never given. Each call to your cell phone is already a TCPA violation. What you DO need to do is start documenting those calls. I would do this by stop blocking with an app and answer the calls. I would get a different app that will record the calls. You do not have to divulge any information or even speak to the representative if you don't want to. I would answer the call, I would say "hello" several times in a row until someone answers (autodialed calls have a pause before the other person comes on the line). I would ask who they are calling from. When they say the name of the collector, feel free to hang up. After a few recorded calls like this, I like to start to ask them why there is such a long pause after I answered the phone. Sometimes I have said "Do you have an older automated system or something, because it takes quite a long time after I answer before you come on the phone". This throws them off, and sometimes the rep will confirm the use of an automated system. This is also amusing to me and to the attorney you take this too. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted March 24, 2017 Report Share Posted March 24, 2017 4 hours ago, fisthardcheese said: I dispute this alleged debt. Please validate. Signed, Me +1 1 Quote Link to comment Share on other sites More sharing options...
HellGato Posted April 1, 2017 Author Report Share Posted April 1, 2017 Arizona lets me record any calls per law as long as I personally know the call is being made. I will send a letter and then remove all my blocking on them I have maybe 8 to 10 different numbers for PRA calling my number and simply hanging up on them.. now I will speak find out who they are and politely inform them to contact me by PO Box and hand up the app records every call with nice clarity and creates a mp4 thanks for the advise I will put in forth now. Quote Link to comment Share on other sites More sharing options...
HellGato Posted July 24, 2017 Author Report Share Posted July 24, 2017 I got a little update on this topic I got a app that records all my calls automatically so I finally did answer the call by Portfolio Recovery and talked oh so nice to the lady. I of course told her I must review her claims and gave her my mailing address and instructed her clearly and nicely that all communications have to come to there and no more calls on this number she asked me to send that to her main office in writing and gave me the address but I have not done that as just yet I just received the letter saying us bank for 6 k thing but now the last payment would be 6/23/2011 according to a old transunion credit report I ran on my self. Today is 7/24/2017 so is getting inside the SOL defense now but I gonna buy some more time validating with them in a week or so and requesting signed contract once they validate. but I cannot trust anything in this Arizona Justice court they might as well be a department of JBC legal department the way they rule against the average people with old junk debt and defy law and rulings or other courts. Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 24, 2017 Report Share Posted July 24, 2017 30 minutes ago, HellGato said: I of course told her I must review her claims and gave her my mailing address and instructed her clearly and nicely that all communications have to come to there and no more calls on this number she asked me to send that to her main office in writing and gave me the address but I have not done that as just yet I just received the letter saying us bank for 6 k thing but now the last payment would be 6/23/2011 according to a old transunion credit report I ran on my self. Does that letter include the 30-day notice to validate? If so, you can request validation, but they are not required to provide a copy of a signed contract. Quote Link to comment Share on other sites More sharing options...
HellGato Posted July 24, 2017 Author Report Share Posted July 24, 2017 4 hours ago, BV80 said: Does that letter include the 30-day notice to validate? If so, you can request validation, but they are not required to provide a copy of a signed contract. It actually does not have the 30 day thing in the fine details but has "notification of purchase" so I simply am going to proceed to buy more time as long as they think they can collect on the sales side the sales people get the commission if they think is no hope then they turn it over to lawsuit for judgement. I settled with them on another card for couple grand last year for 800 so they probabally realize they wont get anymore from me idk yes I simply getting it on record asking they not required to provide a signed or even a copy of the contract they never can from what i have determined. Quote Link to comment Share on other sites More sharing options...
BV80 Posted July 25, 2017 Report Share Posted July 25, 2017 35 minutes ago, HellGato said: It actually does not have the 30 day thing in the fine details but has "notification of purchase" so I simply am going to proceed to buy more time as long as they think they can collect on the sales side the sales people get the commission if they think is no hope then they turn it over to lawsuit for judgement. I settled with them on another card for couple grand last year for 800 so they probabally realize they wont get anymore from me idk yes I simply getting it on record asking they not required to provide a signed or even a copy of the contract they never can from what i have determined. Notification of purchase? Do you mean they company notified you that it purchased the debt? In that letter, do they request payment from you? Quote Link to comment Share on other sites More sharing options...
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