misbhavn

Being Sued by OC (Conns)

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4 hours ago, fisthardcheese said:

The one trick that debt collectors HATE:  Reading a contract.

The ONE thing professional deadbeats HATE:  being told they have to actually pay for goods and services they received.

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13 hours ago, Clydesmom said:

The ONE thing professional deadbeats HATE:  being told they have to actually pay for goods and services they received.

GOT EM!

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4 hours ago, fisthardcheese said:

GOT EM!

Tell you what: since you refuse to cease and desist making that false accusation PM me your actual identity and location. I will file a suit for slander, defamation of character and libel and we shall see who prevails in court.  You are not brave or smart enough to try and pull that lying crap in court.  So either PROVE your accusation or stop making it.  

Your signature PROVES my deadbeat statements.

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1 hour ago, Clydesmom said:

Tell you what: since you refuse to cease and desist making that false accusation PM me your actual identity and location. I will file a suit for slander, defamation of character and libel and we shall see who prevails in court.  You are not brave or smart enough to try and pull that lying crap in court.  So either PROVE your accusation or stop making it.  

Your signature PROVES my deadbeat statements.

              :withstupid:

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On 3/14/2019 at 11:25 PM, misbhavn said:

@Brotherskeeper There are NO consumer law violationS that I am aware of, but I'm not exactly sure what the laws are on the subject. Below is the arbitration clause in the agreement. I apologize for the caps.

 

YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DISPUTES RELATING TO ANY DOCUMENTATION GOVERNING YOUR OBLIGATIONS UNDER THIS AGREEMENT, ANY CLAIM DISPUTE, OR CONTROVERSY ALLEGING FRAUD, MISREPRESENTATION, OR OTHER CLAIM, WHETHER UNDER COMMON LAW, EQUITY, OR PURSUANT TO FEDERAL, STATE, OR LOCAL STATUTE OR REGULATION, ANY DISPUTE RELATING TO COLLECTION ACTIVITIES TAKEN BY CONN’S, OUR AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, EMPLOYEES, SERVICERS, DIRECTORS, OR ASSIGNS REGARDING MONIES OWED UNDER THIS AGREEMENT, OR THE SCOPE AND VALIDITY OF THIS ARBITRATION CLAUSE (INCLUDING DISPUTES AS TO THE MATTERS SUBJECT TO ARBITRATION), OR THE ENFORCEMENT OR INTERPRETATION OF ANY OTHER PROVISION OF THIS AGREEMENT, SHALL BE RESOLVED BY BINDING INDIVIDUAL (AND NOT CLASS) ARBITRATION BY AND UNDER THE ADMINISTRATION OF: (1) THE NATIONAL ARBITRATION FORUM (“NAF”) IN ACCORDANCE WITH ITS CODE OF PROCEDURE IN EFFECT AT THE TIME THE CLAIM IS FILED, (2) THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ARBITRATION RULES IN EFFECT AT THE TIME THE CLAIM IS FILED, OR (3) IF FOR ANY REASON EITHER THE NAF OR THE AAA IS UNABLE OR UNWILLING OR CEASES TO SERVE AS AN ADMINISTRATOR OF THE ARBITRATION, OR IN ANY EVENT BY AGREEMENT OF THE PARTIES, THE PARTIES AGREE TO SELECT A LOCAL ARBITRATOR WHO IS AN ATTORNEY, RETIRED JUDGE, OR ARBITRATOR REGISTERED AND IN GOOD STANDING WITH AN ARBITRATION ASSOCIATION, AND WHO IS EXPERIENCED IN CONSUMER FINANCE AND DEBT COLLECTION, TO ARBITRATE THE DISPUTE CONSISTENT WITH THE REQUIREMENTS OF THIS AGREEMENT AND PURSUANT TO SUCH ARBITRATOR’S RULES. THE CLAIM OR DISPUTE WILL BE ARBITRATED BY A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. YOU AND WE ARE WAIVING THE RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES IN A COURT OF LAW. ANY ARBITRATION HEARING THAT IS HELD WILL TAKE PLACE AT A LOCATION THAT IS CONVENIENT TO YOUR RESIDENCE. THIS ARBITRATION CLAUSE ID MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. 1-16), AND NOT BY ANY STATE LAW THAT MIGHT OTHERWISE APPLY. JUDGEMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND THAT UNDER THIS ARBITRATION CLAUSE, YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER ON ANY CLASS ACTION CLAIM YOU MAY HAVE AGAINST US, OUT AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS,SERVICERS OR ASSIGNS, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. THIS AGREEMENT DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY  (AND NOT AS A CLASS ACTION) IN BINDING ARBITRATION AS PROVIDED ABOVE.

THIS ARBITRATION CLAUSE DOES NOT APPLY TO ANY LEGAL REMEDIES THAT MAY BE PURSUED TO COLLECT MONIES OWED UNDER THE AGREEMENT. THIS ARBITRATION CLAUSE IS AN INDEPENDENT AGREEMENT AND SHALL SURVIVE THE TERMINATION, PAYOFF OR TRANSFER OF THIS AGREEMENT. IF ANY PART OF THIS ARBITRATION CLAUSE IS FOUND BY A COURT TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THIS CLAUSE SHALL REMAIN ENFORCEABLE.

You should read a little further down on that same page. Get to the "assignment" part. If it says it was sold, transferred, or assigned to someone else, then sounds like Conn Appliances, Inc. doesn't even own the debt.

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