Sincetel

Letter from Stenger & Stenger..

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7 hours ago, Sincetel said:

So they sent me what I'm guessing is the proof, every transaction from the card. This was a couple weeks ago. Haven't heard anything since., do they usually take their time like this? Or was I suppose to do something once they sent me the big packet of trans?

There is nothing to do until they sue.  If you want to work on putting together your MTC so you have plenty of time to work on it and it's ready to go once you are sued, you can do that.  Otherwise, it's just about waiting.

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On 4/5/2019 at 1:40 AM, fisthardcheese said:
 

There is nothing to do until they sue.  If you want to work on putting together your MTC so you have plenty of time to work on it and it's ready to go once you are sued, you can do that.  Otherwise, it's just about waiting.

Ah, ok, thank you.

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Hey guys, I am back. I did not forget about this thread. Stenger took their good ol' time sending me the summons but it just got here this morning. So, I just want to make sure I have all the info correct from another thread, so if anyone can confirm. TY.

Today I received the Summons in a Civil Action. It came with paper from my local muni court telling me I need to reply within 28 days. Then it came with a 4 pages stapled together. With pages just explaining or "exhibit A" nonpayment ect then a pic of my final balance/statement. They also made a mistake and attached someone elses bank statement from US Bank in my paperwork. At least I think it's a mistake, the US Bank account isn't in my name so not sure I understand why they put that there other than a mistake.

Anyways, so from here....

I file my answer? Which would be deny everything? As in it's not my debt or what do I say? And I am assuming I'm filing this answer to the actual muni court and not Stenger, correct?

From there I File the MTC Arb?

Are there any templates or anything I need to follow for both my answer to the court and my MTC Arb? Also, do I file the Arb as soon as I file my answer to the court or do I wait for their response?

Not sure if it matters or helps but I might have a little help at this muni court as I have family/friends that's worked for the city for 30+ years. Not sure if they can help at all or not, just want to throw that out there.

Thanks again for the help. I'd probably be going crazy over this without it.

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17 minutes ago, Sincetel said:

Are there any templates or anything I need to follow for both my answer to the court and my MTC Arb? Also, do I file the Arb as soon as I file my answer to the court or do I wait for their response?

When was the last time you read the threads from Ohio posters that were posted earlier in your thread? I suggest you reread anything from @MikeB35 and the link that @nobk4me gave you. Have you checked to see what the court rules are, if any, in the court your case is filed in? 

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15 minutes ago, Brotherskeeper said:

When was the last time you read the threads from Ohio posters that were posted earlier in your thread? I suggest you reread anything from @MikeB35 and the link that @nobk4me gave you. Have you checked to see what the court rules are, if any, in the court your case is filed in? 

Hey, yeah I will have to give it a look over this weekend, haven't really read anything since this was fresh, months ago.

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On 2/21/2019 at 3:46 PM, nobk4me said:

Please see this thread from a poster in Ohio.  I have included a step by step outline of what needs to be done, and when.

 

 

 

Quoting this. I have like 30 pages bookmarked now, lol. Trying to get rid of the bookmarks, so just quoting and adding the steps 

Here it is, step by step.

1.  Wait until you are served.  The court is probably sending the summons by certified mail.  You could sign for it, or gain a little more time by not claiming the certified mail (don't answer the door when the mail carrier comes, and don't go to the post office to pick it up).  Then the court will send the summons by regular mail.  After you served, you will have 28 days in which to answer the lawsuit.

2.  File your answer.  I would just deny all their claims, except your name and address, and include an affirmative defense, that the court lacks jurisdiction due to a binding arbitration clause in the cardmember agreement.

3.  File the MTC Arb.  Samples are in this link:  

And, if you post a draft here, we can help you with it.  Also, look up posts by MikeB35, on his fight in Ohio - examples are there as well.

4.  Wait and see what the JDB, and the court will do.  The plaintiff might dismiss.  Or they might file a response to your motion.  The court may hold a motion hearing.  But, the ultimate result is the motion will probably be granted (95% + probability - the law favors arb).

5.  Do not file a case in JAMS or AAA until the arb motion has been granted.  See what the court says - they might require you to file the arbitration.  If so, do it.  But, there is case law in Ohio that the plaintiff is responsible for filing the arbitration (Capital One v. Rotman).

 

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4 hours ago, Sincetel said:

And I am assuming I'm filing this answer to the actual muni court and not Stenger, correct?

You file your answer (and MTC Arb, when you file it) with the court AND send a copy to the attorney.  Include a certificate of service with each pleading, which states you have sent a copy to the plaintiff's lawyer.  

Who is suing you, the OC or a JDB?

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21 hours ago, Sincetel said:

Hey, yeah I will have to give it a look over this weekend, haven't really read anything since this was fresh, months ago.

If I had months to prepare for an eventual lawsuit and already had a full page of replies here full of links and information, I dont think I would be asking the same questions again from square one.  It doesnt really bode well for how the rest of this will go.

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On 9/28/2019 at 3:02 PM, nobk4me said:

You file your answer (and MTC Arb, when you file it) with the court AND send a copy to the attorney.  Include a certificate of service with each pleading, which states you have sent a copy to the plaintiff's lawyer.  

Who is suing you, the OC or a JDB?

 

Hey, sorry it's a JDB that is suing. I believe lvnv llc.

So I think I am just going to use the template below that I've found from another thread on here. Obviously added Arb details from my actual agreement, such as claims that are covered. I remember you saying post a draft if I wanted, so this is draft one of possibly many? Now from here should I add other cases laws or is that not necessary? I've seen both, I've seen some on here add them and some that did not, or at least they made no mention of it on the thread.

Sorry,  never even been to traffic court before so even though I've been reading and bookmarking page after page it's like reading a new language. I've gotten to understand the process for the most part, now it's just getting these typed up and using the correct wording etc. Pretty overwhelming.

MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION

 

NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

 

1. That on or about ___________, 2019, Plaintiff filed its Complaint against Defendant.

 

2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2019, electing arbitration with JAMS and requesting dismissal of this case. (see Exhibit A, attached).

 

3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

 

4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

 

“Agreement to Arbitrate:

You and we agree that either you or we may, without the other’s consent, require that any controversy or dispute between you and us (all of which are called “Claims”), be submitted to mandatory, binding arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and (to the extent State law is applicable), the State law governing the Card Agreement. 

Claims Covered:

• Claims subject to arbitration include, but are not limited to, disputes relating to the establishment, terms, treatment, operation, handling, limitations on or termination of

your Account; any disclosures or other documents or communications relating to your Account; any transactions or attempted transactions involving your Account, whether

authorized or not; billing, billing errors, credit reporting, the posting of transactions, payment or credits, or collections matters relating to your Account; services or benefits

programs relating to your Account, whether or not they are offered, introduced, sold or provided by us; advertisements, promotions, or oral or written statements related to (or

preceding the opening of) your Account, goods or services financed under your Account, or the terms of financing; the application, enforceability or interpretation of the Card

Agreement (except for this Arbitration Agreement); and any other matters relating to your Account, a prior related Account or the resulting relationships between you and us.

Any questions about what Claims are subject to arbitration shall be resolved by interpreting this Arbitration Agreement in the broadest way the law will allow it to be enforced.

 

• Claims subject to arbitration include not only Claims made directly by you, but also Claims made by anyone connected with you or claiming through you, such as a co-

applicant or authorized user of your Account, your agent, representative or heirs, or a trustee in bankruptcy. Similarly, Claims subject to arbitration include not only Claims

that relate directly to us, a parent company, affiliated company, and any predecessors and successors (and the employees, officers and directors of all of these entities),

but also Claims for which we may be directly or indirectly liable, even if we are not properly named at the time the Claim is made, and Claims brought against any other

person or entity named as a defendant or respondent in a Claim brought by you against us.

 

• Claims subject to arbitration include Claims based on any theory of law, any contract, statute, regulation, ordinance, tort (including fraud or any intentional tort), common

law, constitutional provision, respondeat superior, agency or other doctrine concerning liability for other persons, custom or course of dealing or any other legal or

equitable ground (including any claim for injunctive or declaratory relief). Claims subject to arbitration include Claims based on any allegations of fact, including an

alleged act, inaction, omission, suppression, representation, statement, obligation, duty, right, condition, status or relationship.

 

• Claims subject to arbitration include Claims that arose in the past, or arise in the present or future. Claims are subject to arbitration whether they are made independently

or with other claims in proceedings involving you, us or others.

 

• Claims subject to arbitration include Claims that are made as counterclaims (including but not limited

to counterclaims by us to collect amounts in default from you), cross-claims, third-party claims, interpleaders or otherwise, and a party who initiates a proceeding in

court may elect arbitration with respect to any Claim(s) advanced in the lawsuit by any other party or parties.

 

• As set forth below, Claims made as part of a class action, private attorney general action or other representative action are subject to arbitration but must be arbitrated

on an individual basis. If a Claim is arbitrated, neither you nor we will have the right to participate in a class action, private attorney general action or other representative

action in court or in arbitration, either as a class representative or class member. Thus, if you or we require arbitration of a particular Claim, neither you nor we may pursue

the Claim in any court litigation, whether as a class action, private attorney general action, other representative action or otherwise, and the arbitration of such Claim must proceed on an individual basis.

 

5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:

 

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

 

 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ."

 

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

 

7. The Defendant elects arbitration to settle this dispute.

 

 

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.

 

Respectfully submitted this day ________________, 2019

 

 NAME,  

 Defendant, pro se

 

 

 

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On 1/31/2019 at 4:53 PM, Sincetel said:
 
 

Hello, I have the following letter posted below from these guys. Obviously never had a letter like this sent so no idea what to do but I also don't just have $1,400 laying around at this current moment. So basically I'm wondering what to do and what not to do here? Also, any info needed please let me know.

Debt is from Capital 1 Credit Card. Only like 2 or so years old. And I am in Ohio as you can see from the pics of the letter below.

 

 

https://imgur.com/a/PQg9GsP

I received the same letter from Stenger and Stenger from ARROW FINANCIAL SERVICES ASSIGNEE OF GE MONEY BANK. claiming $1500 ish. I believe this is from over 15 years ago, I don't have anything with the last ten years, that I can think of.

The letter wasn't certified, so I'm wondering if I should still send the Debt Validation letter or wait for something certified?

 

Thanks

 

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1 hour ago, Dispaminite said:

I received the same letter from Stenger and Stenger from ARROW FINANCIAL SERVICES ASSIGNEE OF GE MONEY BANK. claiming $1500 ish. I believe this is from over 15 years ago, I don't have anything with the last ten years, that I can think of.

The letter wasn't certified, so I'm wondering if I should still send the Debt Validation letter or wait for something certified?

Definitely send the DV letter.  DO NOT send one of the awful cut and paste letters from the internet that is riddled with errors.  

Your letter needs to state simply:  "I received your letter dated [date] and dispute this debt and request validation."   NOTHING more.

Didn't Arrow Financial go out of business at least five years ago?

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3 hours ago, Clydesmom said:

Didn't Arrow Financial go out of business at least five years ago?

That's what I thought, too.  And, for a debt from 15 years ago, it is almost certainly past the statute of limitations (which varies by state).  

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45 minutes ago, nobk4me said:

That's what I thought, too.  And, for a debt from 15 years ago, it is almost certainly past the statute of limitations (which varies by state).  

To be safe I would still DV them to ensure that I was correct on how old the debt was. If it is greater than 7 years I would then respond back with a FOAD letter.

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On 1/6/2020 at 12:53 PM, Dispaminite said:

I received the same letter from Stenger and Stenger from ARROW FINANCIAL SERVICES ASSIGNEE OF GE MONEY BANK. claiming $1500 ish. I believe this is from over 15 years ago, I don't have anything with the last ten years, that I can think of.

The letter wasn't certified, so I'm wondering if I should still send the Debt Validation letter or wait for something certified?

 

Thanks

 

Send a DV like the others suggested. A very simple, single line dispute.  If you are positive this is over 7 years old, you have the option of simply telling them to never contact you again.  If you want to tell them to FOAD-off, then do NOT ask for validation, simply say "Do not contact me any further regarding this matter".  Make a copy of this before you send it and send it certified mail.  Keep the copy and certified receipt in a safe place.  If they do contact you again after receiving your letter, you should take all your proof to an attorney and get a bonus check from them.

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