robf270

Need help in Arbitration. Midland Funding paid the fees

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I can't believe that Midland Funding paid the fees for Arbitration to start. I did call JAMS and they did confirm that they paid. Got a letter wanting to strike or keep the arbitrators. I didn't strike any of them. The fees they charge are pretty high. My one question is what happens next? I was hoping they would not do anything. So any help would be appreciated.

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7 hours ago, robf270 said:
 

I can't believe that Midland Funding paid the fees for Arbitration to start. I did call JAMS and they did confirm that they paid. Got a letter wanting to strike or keep the arbitrators. I didn't strike any of them. The fees they charge are pretty high. My one question is what happens next? I was hoping they would not do anything. So any help would be appreciated.

What case is this? If this is a continuation from a previous thread, it would be helpful for you to post this in that thread.  

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This seems to tie back to something I've been railing about for a couple years. If the arbitration strategy ever went "viral," debt buyers would be sitting on worthless portfolios. They've tried every legal argument and now appear to be trying to send a message by selectively following. We've seen other firms do it recently, as well.

You are, unfortunately, a trail blazer. I would think you need to use the same techniques as against an OC - make things as long, slow and expensive as possible. The only way debt buyers will stop following is when the losses are worse than walking away. Their strategy would appear to be to make examples of a few people so that we start telling people to "just settle."

@fisthardcheese may still be of the opinion that these are rogue examples of ignorant lawyers and nothing will progress past the initial bill, but so far this year we have seen at least three different debt buyers follow into arbitration, so this isn't a fluke.

 

 

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The good thing is that you are in JAMS where things can be much more slower and expensive for them.

Did you miss your chance to strike any arbitrators?  This is an important step.  I would strike anyone who has worked for or helped write up legislation for banks or other financial institutions previously. There is a lot more to look at than just price.

Once the arbitrator is selected, there will be a conference call to set a schedule for discovery and hearing dates.  They will want to know how long you need to present your case.  I would state at least 1 day.  I would ask for an in person hearing so that you can cross examine Midland's witness.  This might throw the attorney off and he may claim they don't plan on having a witness. I would demand that they bring a witness from the OC Bank because the attorney can not testify about the bank's documents and practices. 

Generally another bill will be due around the time of this phone conference.  I would reserve my fear of them following through with the entire arbitration until and unless they pay this next bill.

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@Brotherskeeper @fisthardcheese @Goody_Ouchless Yes. this is from a previous thread . It's been almost a year since I posted on it.  I was sued by Midland Funding for a Walmart credit card issued by Synchrony Bank with a  amount of $1100. Filed a MTC and it got granted. Then filed with Jams for arbitration. I was hoping they would drop it just like my other case I had with Portfolio. Then on March 19, 2019  I got a notice by email that they haven't paid the fees. Then on April 23,2019 I get a email to Commencement of Consumer Arbitration with a date to file a strike list on April 30,2019. Well I missed that day, do to not having internet for 3 days. So I called the case manager and he wanted to know right then who I wanted to strike. So I didn't strike anyone. So I hope I didn't screw up by not striking anyone on the list. Hope this helps. Sorry it took so long to reply. I work 3rd shift. So I will try my best to answer any questions in a timely matter. Thanks for all the help

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3 hours ago, robf270 said:

I was sued by Midland Funding for a Walmart credit card issued by Synchrony Bank with a  amount of $1100.

They actually followed you into arbitration over $1,100?  I would follow fisthardcheese's advise to keep this as slow and expensive as possible for Midland.  When they're confronted with the next bill from JAMS, they may decide to cut their losses.

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1 minute ago, robf270 said:

@LaneBlane yes they actually did. I couldn't believe it. I'm going to make it as slow and long as possible.

Only a fool (or the government) would pay $1.00 to go after a penny.

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14 hours ago, LaneBlane said:

Only a fool (or the government) would pay $1.00 to go after a penny.

The problem is that if what we do here ever went viral, the industry would be sitting on worthless portfolios. By following now, the thought is that eventually people will just settle, rather than go through all of this just to cost debt buyers more money. In other words, we are now on their RADAR and they have decided to put a stop to the arbitration strategy - even if it costs them a few bucks, in the short term.

 

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16 hours ago, robf270 said:

I've already had two other cases with them that have been dismissed with prejudice.

Was the same law firm (Lloyd & McDaniel) representing Midland in the two prior cases?  How long ago were the two prior cases?

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Maybe the coffee hasn't fully kicked in, but this feels like a 'cut off your nose to spite your face' type of strategy.  How effective might something like this be?  And how tenable?

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30 minutes ago, Goody_Ouchless said:

The problem is that if what we do here ever went viral, the industry would be sitting on worthless portfolios. By following now, the thought is that eventually people will just settle, rather than go through all of this just to cost debt buyers more money. In other words, we are now on their RADAR and they have decided to put a stop to the arbitration strategy - even if it costs them a few bucks, in the short term.

 

I understand.  Do you know whatever happened with the case several months ago that involved a guy writing on his girlfriend's behalf... the one where a JDB asked AAA to order reimbursement of their arbitration fees and costs?

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I cant believe they are so willing to waste money and time following you. Someone must have been sick on arbitration training day lol.

 

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39 minutes ago, GraysonBlues said:

Maybe the coffee hasn't fully kicked in, but this feels like a 'cut off your nose to spite your face' type of strategy.  How effective might something like this be?  And how tenable?

It's worked with OC lawsuits.

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1 hour ago, GraysonBlues said:

Maybe the coffee hasn't fully kicked in, but this feels like a 'cut off your nose to spite your face' type of strategy.  How effective might something like this be?  And how tenable?

If everyone decided to go through the hassle of arbitration, knowing they were going to lose, for the sake of the "greater good," then maybe they'd rethink things. Unfortunately doing anything for the "greater good" is no longer in vogue, so I think it will be totally effective.

As @Harry Seaward said - OC's have been doing it. Look at @tvaughn's case and decide if you'd go through that, or just take their settlement offer, up front, and be done with it. This has been a long time coming.

 

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@Pericles One was with the same law firm and the other one was a  different law firm. But I still think Midland Funding is mad and thinking I'm going to just quit. Well I'm not. Especially with all the help from everyone on here. I will fight to the end.

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6 minutes ago, robf270 said:

@Brotherskeeper On my claims demand I put consumer debt dispute. Did I possibly screw up here??

I don't think so, but this is now above my pay grade and into @fisthardcheese 's realm. Please reread his pinned arbitration thread for insight and advice on drafting a formal JAMS demand. I seem to recall that you had some potential consumer violations or at least plausible ones. Exploring those would be a good place to begin. 

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