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On 4/22/2019 at 1:54 PM, Harry Seaward said:

 

Doesn't the Complaint say things like "defendant opened a credit card account and used that account to make purchases." And "plaintiff purchased this account from ABC Bank."?

Yes it does. I’ve included the 2 pictures of it.

Do I only respond to 8 through 10, or so I also have to respond to the recitals 1-7?

thank you!

 

 

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15 minutes ago, Harry Seaward said:

Has Midland proven to your satisfaction that any of that is true? 

I mean, it is true that I did have a credit card with synchrony. But what midland submitted was a couple of account statements that I would have received in the mail. Also, I was never contacted by phone by midland, no voicemail either. and I do not remember a letter from midland either, at least not that I can remember.

 

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13 minutes ago, WishIWasALawyer said:

mean, it is true that I did have a credit card with synchrony.

Have they proven to you that the account you had is the same one they are talking about in the lawsuit? 

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9 minutes ago, Harry Seaward said:

Have they proven to you that the account you had is the same one they are talking about in the lawsuit? 

My name, last 4 of social and address are correct. Also, on the statement, it does list a place I made a purchase, so yes that is the account. Although the amount must have gotten up a lot from interest or fees or something because my limit was 10k, which I did not reach and they are asking for almost 12k. 

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29 minutes ago, WishIWasALawyer said:

Also, I was never contacted by phone by midland, no voicemail either. and I do not remember a letter from midland either, at least not that I can remember.

AZ does not require they do any of this prior to suing you.  In fact outside of the few states that do require a "right to cure" prior to litigation they generally do not try to contact consumers and just sue.  This eliminates the counter claims of FDCPA or TCPA violations.

2 minutes ago, WishIWasALawyer said:

Although the amount must have gotten up a lot from interest or fees or something because my limit was 10k, which I did not reach and they are asking for almost 12k. 

Once you default on a credit card the interest rate sky rockets to a whopping 29.9% per month for the entire 6 months until it charges off.  A 30% interest rate combined with late fees, over the limit fees etc. can easily add $1-2k to a balance in 6 months.

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19 minutes ago, Clydesmom said:

AZ does not require they do any of this prior to suing you.

Except they alleged it in the complaint. 

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On 4/23/2019 at 12:05 PM, Harry Seaward said:

I would deny everything. 

Can I just say something like:

i agree that my name is correct and I that I live in maricopa county. 

I deny every claim the plaintiff has made.

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Answers are supposed to be line-by-line responses. 

Defendant is without knowledge and information sufficient to form a belief as to the truth of the matters alleged in Paragraph 1 of Plaintiff's complaint and therefore denies same. 

Defendant denies the claims made in Paragraph 2 of Plaintiff's complaint. 

Defendant admits to residing in Maricopa county, but is without knowledge and information sufficient to form a belief as to the truth of the remaining matters alleged in Paragraph 3 of Plaintiff's complaint and therefore denies same. 

Something like that. 

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9 hours ago, Harry Seaward said:

Answers are supposed to be line-by-line responses. 

Defendant is without knowledge and information sufficient to form a belief as to the truth of the matters alleged in Paragraph 1 of Plaintiff's complaint and therefore denies same. 

Defendant denies the claims made in Paragraph 2 of Plaintiff's complaint. 

Defendant admits to residing in Maricopa county, but is without knowledge and information sufficient to form a belief as to the truth of the remaining matters alleged in Paragraph 3 of Plaintiff's complaint and therefore denies same. 

 Something like that. 

So I have to agree/deny the paragraphs in the recitals also or only what is said under COUNT ONE? Sorry I’m just so clueless about this..

What about the last page I sent over (the affidavit)?

 

thank you so much!!!

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That will probably work, but proper format is to give a response to each paragraph individually. I also wouldn't say things like "that Plaintiff is a Delaware Limited Liability Company and is the assignee of Synchrony Bank/Care Credit." Just deny the paragraph unless there is something specific you think you should admit. 

As I said, I would deny everything that doesn't include my name, material status or where I live.

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On 4/24/2019 at 7:43 AM, Harry Seaward said:

That will probably work, but proper format is to give a response to each paragraph individually. I also wouldn't say things like "that Plaintiff is a Delaware Limited Liability Company and is the assignee of Synchrony Bank/Care Credit." Just deny the paragraph unless there is something specific you think you should admit. 

As I said, I would deny everything that doesn't include my name, material status or where I live.

Is this better? Thank you!!

 

.

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On 4/22/2019 at 1:56 PM, WishIWasALawyer said:

How come? I thought I read a few time to ask for the judge to order them to file with AAA within 10 days. If they don’t do it, wouldn’t that dismiss the case all together?

It's not quite that easy.

But you are the one asking for arbitration and then immediately turning around saying the other side must do XYZ.  I, personally, would not want to be seen as making it difficult.  If you want it to be granted with the least resistance, I would forget about all of that needless stuff  And, again, it is to your advantage to be the one to file anyway.

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Is there an issue with Synchrony agreement saying that they will initiate upon a granted MTC? Just thinking as a plaintiff, I would argue that whatever arbitration the defendant initiated is contrary to contract. (Take what I say on this subject with a large grain of salt. I'm just fascinated that debt buyers haven't found a way to crack this arbitration nut, yet.)

 

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3 hours ago, fisthardcheese said:

But you are the one asking for arbitration and then immediately turning around saying the other side must do XYZ. 

The agreement says it's Synchrony's responsibility to initiate if the consumer moves their lawsuit to arbitration. 

At least, the pic version says that. I don't see it in the version OP posted quoting the agreement. @WishIWasALawyer where did you get the pic version of the agreement you posted here? https://www.creditinfocenter.com/community/topic/330648-midland-funding/?do=findComment&comment=1377214

 

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Not saying it will be an issue, since they won't follow, but I think we've seen OCs use that "but it was the defendants arbitration" language when arguing for fees/costs.

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6 hours ago, Harry Seaward said:

The agreement says it's Synchrony's responsibility to initiate if the consumer moves their lawsuit to arbitration. 

At least, the pic version says that. I don't see it in the version OP posted quoting the agreement. @WishIWasALawyer where did you get the pic version of the agreement you posted here? https://www.creditinfocenter.com/community/topic/330648-midland-funding/?do=findComment&comment=1377214

 

I got it on a website that I’ve seen posted here multiple times. I forgot the name of the website. But you can find agreements for a lot of credit cards. 

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7 hours ago, WishIWasALawyer said:

I got it on a website that I’ve seen posted here multiple times. I forgot the name of the website. But you can find agreements for a lot of credit cards. 

I would be cautious about using this agreement unless it has an imprinted date that was during the life of your account. Also, the language you use in your MTC has to match whatever agreement you attach. 

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22 minutes ago, Harry Seaward said:

I would be cautious about using this agreement unless it has an imprinted date that was during the life of your account. Also, the language you use in your MTC has to match whatever agreement you attach. 

Do you know where I can find the one from when my account was open?

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3 minutes ago, Harry Seaward said:

Yes that’s where I got the agreement from the first time. There is no date on the agreement though. Would that be an issue?

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