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HellGato

Another Arbitration for OneMain Financial or CitiFinancial .. Terms and Conditions Issue

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I file another motion to compel Arbitration and opened a Jams complaint and paid half of it. I have no records anymore of things from 2010 and lost the original terms and conditions.

Since it is CitiFinancial I could only find one on the Credit Consumers Protection Bureau credit card database of terms and conditions and found one close was a 2011 Citi credit card agreement with arbitration clause. I thought "perfect" and used it and filed my MTC and sent them the copies.

Today the lawyer I recieved the plaintiff lawyers motion to dismiss the MTC and says that that one is a consumer loan with Citifinancial and the other is a credit card agreement with citibank and that they are not the same.

Plaintiff complains they have no knowledge where this agreement came from  and I never disclosed or provided it to them.. (they got it with their copy of the MTC) I was not participating in the motions at all other than the main answer as I was seeking all along to arbitrate.

they say  the document is not the agreement for the subject account despite my sworn affidavit otherwise. 

I did send off a couple letter asking for the Terms and conditions with one main and citifinancial  but not sure how that is going to go.

I am not sure if I should respond to plaintiffs lawyers  motion and give a "personal knowledge" of arbitration clause in the contract when the account was opened or if this would help.

They throw in they are willing to participate in a pretrial conference or mediation organized by the Court but disputes being bound by the terms outline in the agreement attached to the defendant motion.

I got the letter from JAMS proceeding on my stuff however and wonder how to proceed now?

Thanks.

 

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13 minutes ago, HellGato said:

Since it is CitiFinancial I could only find one on the Credit Consumers Protection Bureau credit card database of terms and conditions and found one close was a 2011 Citi credit card agreement with arbitration clause. I thought "perfect" and used it and filed my MTC and sent them the copies.

Unfortunately no.  Your being sued over a loan.  You cannot use terms and conditions for an entirely different kind of account and make it stick.  You need a copy of your loan papers to see if the arbitration clause is even in there.  

14 minutes ago, HellGato said:

they say  the document is not the agreement for the subject account despite my sworn affidavit otherwise. 

They are correct.  You cannot swear the credit card agreement applies to your loan.  You basically lied in your affidavit.

15 minutes ago, HellGato said:

I got the letter from JAMS proceeding on my stuff however and wonder how to proceed now?

Get a copy of the loan papers.  

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1 hour ago, Clydesmom said:

Unfortunately no.  Your being sued over a loan.  You cannot use terms and conditions for an entirely different kind of account and make it stick.  You need a copy of your loan papers to see if the arbitration clause is even in there.  

They are correct.  You cannot swear the credit card agreement applies to your loan.  You basically lied in your affidavit.

Get a copy of the loan papers.  

Thanks for your answer I probabally ruined this case I suppose I could try a settlement offer of 1/3rd IDK is lot to come up with 

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Since I have attached the wrong Terms and Conditions maybe I should simply make a Motion to Withdraw the MTC until I get the correct one from the OC? Any suggestions?

 

I guess I better contact JAMS and let them know the Terms and Conditions are incorrect for that loan as well. 

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1 hour ago, HellGato said:

Since I have attached the wrong Terms and Conditions maybe I should simply make a Motion to Withdraw the MTC until I get the correct one from the OC?

WHO is suing you?  Is it One Main Financial or Citifinancial because they are two entirely different creditors.

You don't need to file a separate motion to withdraw.  Just withdraw it.

How much are they suing for?

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39 minutes ago, Clydesmom said:

WHO is suing you?  Is it One Main Financial or Citifinancial because they are two entirely different creditors.

You don't need to file a separate motion to withdraw.  Just withdraw it.

How much are they suing for?

It is CACH LLC the OneMain Financial is the Loan place in El Paso TX Its from 2011, but the ones who backed and owned the loan was Citifinancial I suppose. I sent letters today to both of them asking for the terms and conditions for my loan just to be sure. 

  It is for $3034.80

So how do I actually withdraw it?

Do I just go in and ask the clerks  at the justice court I want to  withdraw the MTC?

Thanks for answering 

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9 hours ago, HellGato said:

It is CACH LLC the OneMain Financial is the Loan place in El Paso TX Its from 2011, but the ones who backed and owned the loan was Citifinancial I suppose.

Once a lawsuit was filed you can't "suppose" you have to KNOW.  If the original loan was done with OneMain then you need terms and conditions for YOUR loan.  It doesn't matter if they are backed by CITI you can't just go pull any CITI terms and use them.  The OC is OneMain.

9 hours ago, HellGato said:

So how do I actually withdraw it?

Do I just go in and ask the clerks  at the justice court I want to  withdraw the MTC?

Ask the clerks the process for your courts.

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2 hours ago, Clydesmom said:

Once a lawsuit was filed you can't "suppose" you have to KNOW.  If the original loan was done with OneMain then you need terms and conditions for YOUR loan.  It doesn't matter if they are backed by CITI you can't just go pull any CITI terms and use them.  The OC is OneMain.

Ask the clerks the process for your courts.

Thanks for the response

I called them today and they told me I can ask to amend it or withdraw it and resubmit it but to make a note or motion what I am asking to do.

they have a one page form generic called Motion / Pleading kinda fill in the blanks thing.

I simply am asking for  a Motion to Withdraw Motion to Compel Arbitration.

They say they actually don't run across that alot, so they are unsure what procedure I need to use.

Most times they say people or lawyers simply ask to correct the documents. I will know more when I go there this afternoon.

I simply putting on the form and keep it simple and to the point.

I would like the court to: 

Allow Defendant to withdraw Motion to Compel Private Contractual Arbitration and Dismiss Or in the Alternative Stay Proceedings Pending Arbitration , due to Defendant's discovery of errors in the drafting the Motion and its supporting documentation.

I also called JAMS and told my case worker there who is assigned to the Demand and told him the problem and he said is fine I can keep the demand open and request the correct terms and conditions from the original creditor he told me to email my intentions to the plaintiffs lawyer which i did with a email to him and cced to the lawyer with copies of the letters sent to Citifinancial and OneMain.

I go this afternoon to the Court to submit the motion they  or get the other motion and withdraw it.

So actually the lawyer did me a favor with the motion to dismiss it and pointing it out to me this early in the case.

also if I do choose to try to settle it gives me more leverage in any negotiations.  

I may offer 1/4 of it to terminate the proceedings now and see how they respond.

I keep everything updated and learned a valuable lesson in this one.

Thanks again.

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If it were me, I would just file an opposition to their Motion to Dismiss the MTC and state that I inadvertently attached the wrong contract to the MTC, I would them point out that all of my points in the MTC are still valid because the correct contract contains an arbitration clause. I would attach the correct contract.  I may also use the argument that the Plaintiff did not overcome the burden to have their MTD granted, as they did not offer a copy of the correct contract as proof to show that the initial agreement attached to my MTC was the incorrect contract.  I would conclude by asking the court to excuse my error and to deny the motion to dismiss and grant my MTC.

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9 hours ago, fisthardcheese said:

If it were me, I would just file an opposition to their Motion to Dismiss the MTC and state that I inadvertently attached the wrong contract to the MTC, I would them point out that all of my points in the MTC are still valid because the correct contract contains an arbitration clause. I would attach the correct contract.  I may also use the argument that the Plaintiff did not overcome the burden to have their MTD granted, as they did not offer a copy of the correct contract as proof to show that the initial agreement attached to my MTC was the incorrect contract.  I would conclude by asking the court to excuse my error and to deny the motion to dismiss and grant my MTC.

excellent points I think I will even though i have withdrawn the Motion the courts website shows the MTC is there will file a Opposition to MTD and bring up these excellent points.. Plaintiff is claiming that CitiFinancial is the OC but we know is OneMain so I can bring that up too. The key now is the Terms and Conditions I am waiting now for them.

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Interesting update I am still awaiting the Terms and Conditions but yesterday I personally went to the OneMain Financial office in Mesa .. there the girl helped me by making 3 calls into her company departments but in the end they were unable to provide me any terms and conditions and referred me to CACH LLC with a phone number.. 

during her talks I overhear her tell the party on the other end that the loan I had was something called a Synchrony loan and was written off..

She concluded by telling me they do not have anything left of the loan after it is sold. Only CACH would have the contract or terms and conditions. 

I did notice something I did not catch before..

 

Plaintiff lawyer in her objection to my MTC states

quote

 "First, the account at issue is in this case is a  consumer loan with Citifinancial, Inc. The agreement attached to Defendant's Motion is a credit card agreement with Citibank (South Dakota), N.A.  While the two entities may be connected in some way, they are not the same."

Unquote

However attached to her original complaint is a signed affidavit of a employee in Missouri who has business knowledge of and access to business records of One Main Financial and prepared and forwarded to CACH.

However in this signed and submitted affidavit the employee claims

Quote

"I am a employee of Citibank, N.A. ("Citibank") a national bank located in Sioux Falls, South Dakota, and I am authorized to make this affidavit."

unqoute

So the plaintiff lawyers is arguing my terms and conditions cannot be for my account since it is for CitiFinancial inc who owns the loan and not possibly Citibank south dakota as my included terms and conditions were from,  

 but on the other hand slip in to establish the chain of successor in interest an affidavit from a employee of Citibank

wonder how I can use this to my advantage. 

this case is a mess and not sure how I gonna get it untangled

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Thought I would up date this thread.. I still never hear anything about the terms and conditions for this loan and I simply decided to settle the loan for a little over a third of it..

Lesson learned be sure your terms and conditions match your account close as you can before you file a MTC. 

My other MTC is in appeals court now and we see how that proceeds..

Thanks for the help guys.

 

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4 hours ago, HellGato said:

Thought I would up date this thread.. I still never hear anything about the terms and conditions for this loan and I simply decided to settle the loan for a little over a third of it..

Lesson learned be sure your terms and conditions match your account close as you can before you file a MTC. 

My other MTC is in appeals court now and we see how that proceeds..

Thanks for the help guys.

 

Thank you for the update.  Oftentimes, we never get one at all, which is frustrating to members who give of their time and effort to help others.  Nothing wrong with settling, if you are happy with the outcome.  

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I would have preferred to arbitrate as I feel the scales of Justice are weighed against the consumer in these type of junk debt suits but is better than a full judgement and court costs and lawyer fees tacked on.

 

I just simply could not find a terms and conditions to fit this situation in time. I personally appreciate all the advice and hard work you guys give us in our cases..

 

I have one more ongoing and we see how it goes ..

 

Thanks everyone!

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