robf270

Need help in Arbitration. Midland Funding paid the fees

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@robf270 I would send them over a offer settlement for $0, mutual dismissal with prejudice and a agreement that once the court case has been dropped you will then drop the JAMS case.

 

@fisthardcheese @Harry Seaward what do you think? Sounds like he won this one!!!!

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Agreed.  Congrats, OP!!

They aren't going to sue again knowing OP would just use arbitration again if they do, so I think instead of WP dismissal, I would push to have the tradeline deleted from your credit reports.

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15 hours ago, robf270 said:

Well I just got a email from the attorney for Midland saying that they DON'T want to proceed with arbitration

Can you confirm the total amount Midland paid before they finally folded? 

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Wow - I was wrong, Mr F. H. Cheese was right! Yes, interested to know what they paid, and if Midland was able to get a refund.

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@Harry Seaward @Norfolk&Wayman @fisthardcheese @Goody_Ouchless @BV80 @Brotherskeeper

Just got off the phone with JAMS. I wanted to verify that they got the same email I did. And they did. Also found out that Midland did pay $1750. That's my portion which was $250 plus the $1500 they had to pay. I didn't ask to see if they would get a refund. I hope they don't and if they do it's not all of it. So my next step is to send Midland's attorney a settlement letter for $0 and that they dismiss with prejudice and to have it removed from my credit report. And once that is done I'll dismiss the arbitration case. I will keep everyone informed on what they say and do. I want to say THANK YOU to everyone that has helped me on this adventure. Couldn't of done it with out you. 

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20 hours ago, robf270 said:

Well I just got a email from the attorney for Midland saying that they DON'T want to proceed with arbitration at this time.

Is that exactly the language that they used?  And was that all of it?  No alternative (such as a settlement and/or release) was suggested?

 

20 hours ago, robf270 said:

I haven't received anything from JAMS yet on this.

The parties have to take action to effect a withdrawal or dismissal..  And, depending on the stage of the arbitration (commenced or not), it may have to be done jointly.

 

20 hours ago, robf270 said:

... before I  contact the attorney and tell them I want a dismissal with prejudice before I drop the arbitration case?

Usually some sort of agreement is executed first.

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@Harry Seaward @Norfolk&Wayman @fisthardcheese @Goody_Ouchless @BV80 @Brotherskeeper

Just got off the phone with JAMS. I wanted to verify that they got the same email I did. And they did. Also found out that Midland did pay $1750. That's my portion which was $250 plus the $1500 they had to pay. I didn't ask to see if they would get a refund. I hope they don't and if they do it's not all of it. So my next step is to send Midland's attorney a settlement letter for $0 and that they dismiss with prejudice and to have it removed from my credit report. And once that is done I'll dismiss the arbitration case. I will keep everyone informed on what they say and do. I want to say THANK YOU to everyone that has helped me on this adventure. Couldn't of done it with out you. 

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@Pericles It's says " at this time, my client has decided to not proceed with arbitration". I was waiting on a email from JAMS to confirm that they got the email or something of that nature. Should I call the attorney or send a letter about an agreement?? Thanks for the help.

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It is just a little odd that they described only what they are not going to do (at this time), without suggesting what be done instead, given the court order.

It wouldn't necessarily be the case that they would copy jams on this sort of communication.  But apparently they did.

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Don't say "$0" when you email them.

I would email ONLY the attorney (no need to copy JAMS) and simply state "I am willing to offer your client a mutual dismissal with prejudice settlement.  Once Midland files the dissmissal with prejudice in court, I will immediately file a dismissal of the JAMS case with prejudice as well.  This offer expires on July 1."

That's the only thing I would say to them at this time.

8 hours ago, Harry Seaward said:

On an $1,100 debt. This is absolutely astonishing. I'm speechless. All hail @fisthardcheese.

 

9 hours ago, Goody_Ouchless said:

Wow - I was wrong, Mr F. H. Cheese was right! Yes, interested to know what they paid, and if Midland was able to get a refund.

I recall a year or two ago there was seemingly a similar group of cases where the attorney paid the initial JAMS filing fee then later dropped the case upon receipt of the larger bill.  There are still so many attorneys who don't know how arbitration works as far as the consumer rules and fee structures and they are always surprised at the second, more expensive bill.

They won't get a refund of the $1750 as this is only an administrative costs, and the administrators have been doing work for over a month on this case answering questions, pulling a list of arbitrators and volleying emails around, so that is why they always say the filing fee is non refundable no matter what.

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7 minutes ago, fisthardcheese said:

Don't say "$0" when you email them.

I would email ONLY the attorney (no need to copy JAMS) and simply state "I am willing to offer your client a mutual dismissal with prejudice settlement.  Once Midland files the dismissal with prejudice in court, I will immediately file a dismissal of the JAMS case with prejudice as well.  This offer expires on July 1."

That's the only thing I would say to them at this time.

 

@fisthardcheese What about requesting trade line deletion? 

 

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9 minutes ago, Norfolk&Wayman said:

@fisthardcheese What about requesting trade line deletion?

I never bother.  No one wants to accept defeat with a list of chores. IMO you are just making it more likely to prolong the settlement process or get a rejection right off the top.  Aside from that, a dismissal with prejudice can be used to get it off credit reports later.  That dismissal with prejudice is a strong paper to have that wipes out your liability of the debt completely.

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21 minutes ago, fisthardcheese said:

I never bother.  No one wants to accept defeat with a list of chores. IMO you are just making it more likely to prolong the settlement process or get a rejection right off the top.  Aside from that, a dismissal with prejudice can be used to get it off credit reports later.  That dismissal with prejudice is a strong paper to have that wipes out your liability of the debt completely.

Makes sense, i'm hoping I can close mine out soon also.  

@robf270 Congrats bud! Glad it worked out for you!

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2 hours ago, fisthardcheese said:

I recall a year or two ago there was seemingly a similar group of cases where the attorney paid the initial JAMS filing fee then later dropped the case upon receipt of the larger bill.

It has happened a couple of different times, but I don't recall several right in a group like happened just now.

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@fisthardcheese @Harry Seaward @BV80 @Brotherskeeper @Pericles @Norfolk&Wayman @Goody_Ouchless 

Just got a email from Midland's attorney agreeing to the settlement offer @fisthardcheese told me to use. DISMISSED WITH PREJUDICE!!!!! I will celebrate more when it's in writing and in my hands. I will post a picture of it when I get it. THANKS to everyone on this forum for the help. Couldn't of done this with out you. 

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29 minutes ago, robf270 said:

@fisthardcheese @Harry Seaward @BV80 @Brotherskeeper @Pericles @Norfolk&Wayman @Goody_Ouchless 

Just got a email from Midland's attorney agreeing to the settlement offer @fisthardcheese told me to use. DISMISSED WITH PREJUDICE!!!!! I will celebrate more when it's in writing and in my hands. I will post a picture of it when I get it. THANKS to everyone on this forum for the help. Couldn't of done this with out you. 

Great work!! Congrats on following through and not letting them paying the initial fee scare you into folding too early.  Text book arbitration use.

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1 hour ago, robf270 said:

@fisthardcheese @Harry Seaward @BV80 @Brotherskeeper @Pericles @Norfolk&Wayman @Goody_Ouchless 

Just got a email from Midland's attorney agreeing to the settlement offer @fisthardcheese told me to use. DISMISSED WITH PREJUDICE!!!!! I will celebrate more when it's in writing and in my hands. I will post a picture of it when I get it. THANKS to everyone on this forum for the help. Couldn't of done this with out you. 

:cheerleader::cheerleader::cheerleader:

This feels fantastic, doesn't it? Congrats to you!!

52 minutes ago, fisthardcheese said:
 

Great work!! Congrats on following through and not letting them paying the initial fee scare you into folding too early.  Text book arbitration use.

xkingx (I confess their payment of the fee scared me more than a little into thinking you might just be made an example of to discourage this strategy.)

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1 hour ago, robf270 said:

@fisthardcheese @Harry Seaward @BV80 @Brotherskeeper @Pericles @Norfolk&Wayman @Goody_Ouchless 

Just got a email from Midland's attorney agreeing to the settlement offer @fisthardcheese told me to use. DISMISSED WITH PREJUDICE!!!!! I will celebrate more when it's in writing and in my hands. I will post a picture of it when I get it. THANKS to everyone on this forum for the help. Couldn't of done this with out you. 

Congratulations!  🎉👏

 

 

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You did a great job, rob.  And thanks to all those on this board who helped you.  Superb advice from some very bright, very experienced "litigators."

::BigGun::

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