Jaysmith2323 Posted December 17, 2018 Report Share Posted December 17, 2018 Long story short – I have never been sued before and this is new territory for me. However, given the many lies and deception I was afforded by Synchrony Bank I am inclined to fight this and not lay down for them. I live in NH and I am being sued for an alleged $7,000 Synchrony Bank (Paypal) credit card. I won’t bore you with the background just the facts as they stand now. I am seeking advice as to my next move and whether I should attempt arbitration. Portfolio Recovery purchased the debt from Synchrony Bank and has now retained the law office of Howard Lee Schiff for court action. Last payment on the account was 07/20/2016. On 06/28/2018 I received a collections letter from the attorney representing Portfolio Recovery which clearly indicated that I had the right to dispute the validity of this debt pursuant to the FDCPA by requesting same within 30 days. On 07/16/2018 I mailed a request for validation. This was sent certified mail and was delivered/signed by their office on 07/25/2018 . My understanding is pursuant to section 809 of the FDCPA if the consumer has disputed any portion of the alleged debt then the collector SHALL CEASE collection of the debt until it can provide the consumer validation of the debt. On 10/29/2018 I received a notice from my local court that indicated a small claim had been filed against me. The filing date on this paperwork is 10/15/18. On 10/30/18 I sent a letter to the attorney advising them that they never provided debt validation per my timely request and that filing a small claim against me placed them in violation of the provisions of FDCPA which clearly state that collection efforts shall cease until validation has been provided to the consumer. I requested that they withdraw their suit against me. On 12/07/18 I received a validation packet from the attorney which was essentially copies of several old credit card statements, the cardholder terms and a bill of sale for the debt. The court case against me is scheduled for a mandatory pretrial meeting on January 4th. (I have attached the cardholder terms as it relates to arbitration in case it is needed for reference). I have a few questions: Is the above a violation of the FDCPA or am I misreading something? Is arbitration the way to proceed in your opinion? If so, at what point do I start the process? Any other advice you think would be valuable for me to know as I move towards January 4th? Any questions you need answered to help me in this venture.SKM_36818121714180.pdf Quote Link to comment Share on other sites More sharing options...
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