nicu Posted January 28, 2019 Report Share Posted January 28, 2019 So I am having major issue finding the correct card agreement to use to ask for Arbitration clause be followed. Online lists that have these agreements only show one that is from a month or so after JDB bought alleged account, which is the most recent. I am sure the one needed is similar to it, and others for Synchrony (boy they have lots of different lines of credit!) ... But I want the most solid case to get to Arbitration and out of the court as possible & would rather they not be able to say it isn't the correct agreement contract. If I call the accounts payable/charge off dept of the OC to ask for the agreement from the account are there any negative side-effects? Or any other suggestions of how to find the agreement from 2015-2017 are appreciated Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 28, 2019 Report Share Posted January 28, 2019 8 minutes ago, nicu said: So I am having major issue finding the correct card agreement to use to ask for Arbitration clause be followed. Online lists that have these agreements only show one that is from a month or so after JDB bought alleged account, which is the most recent. I am sure the one needed is similar to it, and others for Synchrony (boy they have lots of different lines of credit!) ... But I want the most solid case to get to Arbitration and out of the court as possible & would rather they not be able to say it isn't the correct agreement contract. If I call the accounts payable/charge off dept of the OC to ask for the agreement from the account are there any negative side-effects? Or any other suggestions of how to find the agreement from 2015-2017 are appreciated https://www.consumerfinance.gov/credit-cards/agreements/ Quote Link to comment Share on other sites More sharing options...
nicu Posted January 29, 2019 Author Report Share Posted January 29, 2019 Thank you for the reply BV80... I did look through the site you suggest last week looking for my agreement. I will scour it again, just in case I missed it... But I could not find one for the date the JDB listed as account start and last payment dates. It is hard to even find one period for the type of card. I will look again, maybe my mind was just spinning from trying to get everything I could together. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 29, 2019 Report Share Posted January 29, 2019 1 hour ago, nicu said: Thank you for the reply BV80... I did look through the site you suggest last week looking for my agreement. I will scour it again, just in case I missed it... But I could not find one for the date the JDB listed as account start and last payment dates. It is hard to even find one period for the type of card. I will look again, maybe my mind was just spinning from trying to get everything I could together. Who is the OC and who is the plaintiff? Quote Link to comment Share on other sites More sharing options...
nicu Posted January 29, 2019 Author Report Share Posted January 29, 2019 OC is Synchrony... Plaintiff is Midland Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 29, 2019 Report Share Posted January 29, 2019 25 minutes ago, nicu said: OC is Synchrony... Plaintiff is Midland Did you check the archives on the CFPB credit card agreement database? Quote Link to comment Share on other sites More sharing options...
nicu Posted January 29, 2019 Author Report Share Posted January 29, 2019 Working on double checking. The zip files are giving me an issue right now... Downloading them took forever and now they aren't showing files when I go to open and extract. So, I may have to go to local library to download them.... But I am pretty sure I checked them last week and did not find the card in question... All kinds of other Synchrony cards just not this one. Seems like I ran upon another list of agreements and searched it, too. Did find one most current agreement (fall 2018) for the correct card somewhere. May have been on Synchrony's site. But that date is after Midland allegedly bought the 'account' in question. Waiting to pick up a little from school or would have already been at the library...had fingers crossed files just needed extra time to pull up... And once you log in computers you can't come back in same day at library. So wanted to have plenty of work time. Quote Link to comment Share on other sites More sharing options...
nicu Posted January 29, 2019 Author Report Share Posted January 29, 2019 1 hour ago, BV80 said: Did you check the archives on the CFPB credit card agreement database? ok, so I just downloaded and fine tooth combed through all eleven of the archives from the CFPB site linked above, from 2016 to current (as no archives from 2015 exist). I searched for every possible 'name' it may have been under (*including, of course, the one I found the most current agreement for). Agreement needed is not there. I also found the other site I had used last week while researching, in case others may find the link useful: https://www.creditcards.com/credit-card-news/credit-card-agreements-1282.php which apparently sent me to a Synchrony site: https://www.synchronybankterms.com/ Double checked it also...Still, no dice... it only shows an agreement from 2018. I really need to initiate arbitration, and although it appears their agreements do not change much, I want to make sure my case is solid. It is my understanding I need the entire agreement, and the one for the dates the account was active included in my arbitration request and MTC. Not sure how to proceed from here. Which is why I am wondering if asking for agreement terms from Synchrony would be alright given the circumstances? Thanks for trying to help steer me in the direction needed! Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 29, 2019 Report Share Posted January 29, 2019 @nicu If anyone,would know how to access the applicable cardmember agreement, it would be @fisthardcheese Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted January 30, 2019 Report Share Posted January 30, 2019 You haven't said which Synchrony card you are looking for. Quote Link to comment Share on other sites More sharing options...
nicu Posted January 30, 2019 Author Report Share Posted January 30, 2019 I was trying to not give lots of info to avoid giving away my case as I have read to not give identifying info. Since I am having issue finding it, I figure it is not a popular card... So if the plaintiff's people's eyes are watching... Listing it could identify my case along with other posts as I filled out the questionnaire with case info in another thread. Do you mind if I pm you @fisthardcheese? Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 30, 2019 Report Share Posted January 30, 2019 I wouldn't worry "them" watching. The small amount of info required to help is enough to ID you, anyway. Assuming it's a typical Synchrony account, arbitration will be your strategy and there's nothing they can do. It's actually better if they were watching because they'd drop the suit when they see that folks here will help you win. Quote Link to comment Share on other sites More sharing options...
nicu Posted January 30, 2019 Author Report Share Posted January 30, 2019 Thanks @Goody_Ouchless... I was actually going to say, unless it is not considered an issue... So. It is a 'car care' Synchrony card through Tire Discounters. Also called a Traction Card at one point I think. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 30, 2019 Report Share Posted January 30, 2019 Closest thing I see is "Care Credit." They will contest arbitration using this clause: "2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate" The key language is "we will not require you to arbitrate." Midland's lawyer will try to fool the court into thinking it really says "we will not allow you to arbitrate." Main thing is to be ready to point out to the court that they are playing word games. In any event, these Synchrony agreements look similar in that once the court grants the MTC, the ball is in their court to initiate. Quote Link to comment Share on other sites More sharing options...
nicu Posted January 30, 2019 Author Report Share Posted January 30, 2019 The one that is most current that I found says "auto credit card" on the agreement. But it is not the date I need. It was on the Synchrony website under a drop down menu. Yes, it does have that wording just as you pasted with "We will not 'require'..." and I understand what you mean - that they will attempt to make it sound different than what it means. I am assuming the one I need will be worded the same. 13 minutes ago, Goody_Ouchless said: In any event, these Synchrony agreements look similar in that once the court grants the MTC, the ball is in their court to initiate. I was under the impression that I should send a request to arbitrate ASAP (through JAMS) to the PLAINTIFF, and also start the paperwork and application process through JAMS to show I am not just dragging things out and acting in good faith... Is this wrong? Not only does that show the court I am serious and not just going through the motions but also gives the plaintiff the impression I am serious, as well. I filed my answer toward the end of last week. Have not received the green card back yet. Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 30, 2019 Report Share Posted January 30, 2019 Have you filed your Motion to Compel yet? Synchrony agreements have language that says that they must initiate once an MTC is granted, so I''d wait for the court's approval. Quote Link to comment Share on other sites More sharing options...
nicu Posted January 30, 2019 Author Report Share Posted January 30, 2019 I have not filed the MTC yet, as my understanding is I need the card agreement to show the court the arb clause.That is why I am looking for it so pressingly. I need to file MTC and then I guess determine if I need to do anything else, if I do not need to go ahead and initiate the process through JAMS. (Maybe at least send letter to plaintiff's atty's to request they move the matter to arbitration per the agreement) Also I posted in another thread because I thought the OP (bronco rob) may have the agreement I need given the info he posted. Unfortunately I got no response. That was the only lead I have found... Which is why I feel like contacting Synchrony for the agreement may be my last resort. Quote Link to comment Share on other sites More sharing options...
Thomas2 Posted January 30, 2019 Report Share Posted January 30, 2019 1 hour ago, nicu said: So. It is a 'car care' Synchrony card through Tire Discounters. Also called a Traction Card at one point I think. I suspect this is a mistake on your part. Do a search instead for Synchrony Discount Tire, and I pretty much guarantee you will find the correct CMA. Quote Link to comment Share on other sites More sharing options...
nicu Posted January 30, 2019 Author Report Share Posted January 30, 2019 31 minutes ago, thomasp said:I suspect this is a mistake on your part. Do a search instead for Synchrony Discount Tire, and I pretty much guarantee you will find the correct CMA. I compared the Discount Tire agreement to the Tire Discounter agreement (both 2018 agreements) and they are different files. Discount Tire says on agreement : "Auto DT Credit Card" Tire Discounters says on agreement: "Auto Credit Card"... So I don't think they are the same... But that did give me the idea to look at others in that list... (https://www.synchronybankterms.com/) The 'Synchrony Car Care' is the same as the Tire Discounters, the Meineke is the same also... So maybe can find one from the archives narrowing it down that way?? Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 30, 2019 Report Share Posted January 30, 2019 Just use the Synchrony Care Care. Include an affidavit that says you believe this to be the agreement governing the account. If they want to fight that, then let them provide a different version - they will all have same arb clause. You need to get your MTC filed ASAP. Find you local statutes / rules of civil procedure to site the rule that says arbitration is preferred method of dispute resolution. Most state's model Federal guidelines. At that point you either win or appeal the judge's mistake. 2 Quote Link to comment Share on other sites More sharing options...
nicu Posted January 30, 2019 Author Report Share Posted January 30, 2019 The three I compared above are 2018 agreements. I need 2015-2017 for the dates provided. If I am not mistaken, the "Car Care" is not in the archives for the time period needed, either. I searched for anything I thought it could possibly be... Probably three times including again when the link was included in this thread. "Care" credit was there but that is a completely different type of card. But maybe something like meineke, midas, etc will lead me to what I need in the archives. Your suggestion, @Goody_Ouchless, for including 'car credit' agreement eases my nerves a little bit... As long as I can track down an agreement that doesn't have a specific company that isn't tire discounters and says 'auto credit card' like the current one does or 'car credit'. I agree I need to file MTC as soon as I can... I have been saving and bookmarking examples, caselaw and state rules and statutes etc... to get the MTC filing ready, now to just weed through it all. I am going to see what I can come up with again as far agreement and start piecing together the MTC... Hopefully can have a good handle on it by tomorrow. Thanks so much for the guidance... (this obscure agreement has been such a headache). Still open to any suggestions to help track down the correct agreement... But I will post back if I think I have a workable option. Quote Link to comment Share on other sites More sharing options...
Thomas2 Posted January 30, 2019 Report Share Posted January 30, 2019 Got you. If they are indeed different, I would take Goody's advice. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted January 30, 2019 Report Share Posted January 30, 2019 44 minutes ago, nicu said: I agree I need to file MTC as soon as I can... I have been saving and bookmarking examples, caselaw and state rules and statutes etc... to get the MTC filing ready, now to just weed through it all. Here's a law practice white paper that has some excellent Kentucky-specific info: Compelling and Staying Arbitration in Kentucky Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted January 30, 2019 Report Share Posted January 30, 2019 As long as you include a notarized affidavit that says you believe the agreement to be correct, their only options are to agree or to provide another one, and they aren't going to find one without similar arb clause. Bronco dude in AZ had his MTC denied because they argued some nonsense about it being too expensive. He never responded to that motion, so judge had an easy mistake to make in denying MTC. I'd expect them to argue that, and to mislead with the "require" verbiage. Quote Link to comment Share on other sites More sharing options...
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