TroubleinFL

Being sued by Portfolio but with a twist...UPDATED

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Should I file with JAMS or AAA? What should my claims be in my filing?

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I would use JAMS, as it's more expensive and has the reputation of being more consumer-friendly.

Good job in court, by the way.  You stood your ground against a judge who really didn't want to grant your MTC.  But the law favoring arb is so strong he had little choice.

 

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On 6/4/2019 at 6:10 PM, BV80 said:

You would first need evidence that PRA has a debt with Joe’s Credit Company just as PRA must have evidence that you have a credit card debt. 

 

Credit  card agreements state that accounts can be assigned/sold.   They also state that a consumer’s use of the card constitutes the consumer’s agreement with the terms and conditions.   By using the card, you agreed that your account could be sold.  

Courts have ruled that assignees have the same rights as original creditors.

That is about as straight forward as you can get.

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1 hour ago, nobk4me said:

I would use JAMS, as it's more expensive and has the reputation of being more consumer-friendly.

Good job in court, by the way.  You stood your ground against a judge who really didn't want to grant your MTC.  But the law favoring arb is so strong he had little choice.

 

Thank you very much. I did try to get him to stipulate JAMS in the order that I included in my filing but he didn't sound like he was going to use my order.

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2 hours ago, TroubleinFL said:

My experience is in FL and I am not saying this is the case for everyone but here is my own experience

Thank you for explaining your court experience with the MTC in detail.  This is very helpful for everyone on this board and especially new people looking for help from FL.  My personal opinion is that your MTC hearing was textbook and very much the "norm".

I would use JAMS if this were me.  When I file my JAMS demand, I would include a copy of the signed MTC order as well as a cover letter that states I am opening a new consumer case and that I am asking the company, Synchrony Bank, to forward any consumer portion of the filing fees directly to JAMS per the enclosed agreement.

When you send a copy of everything to the attorney, also include that cover letter.

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8 minutes ago, fisthardcheese said:

Thank you for explaining your court experience with the MTC in detail.  This is very helpful for everyone on this board and especially new people looking for help from FL.  My personal opinion is that your MTC hearing was textbook and very much the "norm".

I would use JAMS if this were me.  When I file my JAMS demand, I would include a copy of the signed MTC order as well as a cover letter that states I am opening a new consumer case and that I am asking the company, Synchrony Bank, to forward any consumer portion of the filing fees directly to JAMS per the enclosed agreement.

When you send a copy of everything to the attorney, also include that cover letter.

Do I send a letter to Synchrony Bank asking them to pay it or will JAMS contact them for the payment? Is the fact that they included someone else's personal/confidential info in my summons a violation to be listed when filling out my claims?

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9 minutes ago, fisthardcheese said:

Thank you for explaining your court experience with the MTC in detail.  This is very helpful for everyone on this board and especially new people looking for help from FL.  My personal opinion is that your MTC hearing was textbook and very much the "norm".

I would use JAMS if this were me.  When I file my JAMS demand, I would include a copy of the signed MTC order as well as a cover letter that states I am opening a new consumer case and that I am asking the company, Synchrony Bank, to forward any consumer portion of the filing fees directly to JAMS per the enclosed agreement.

When you send a copy of everything to the attorney, also include that cover letter.

Also, I would be nowhere near this far if it weren't for your help as well as Harry's, BVs, and the rest of the people on here for sure so thank you from the bottom of my heart.

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19 minutes ago, TroubleinFL said:

Do I send a letter to Synchrony Bank asking them to pay it or will JAMS contact them for the payment? Is the fact that they included someone else's personal/confidential info in my summons a violation to be listed when filling out my claims?

The account was sold to Portfolio, so Synchrony no longer has anything to do with it.  Portfolio will be required to pay fees.

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32 minutes ago, BV80 said:

The account was sold to Portfolio, so Synchrony no longer has anything to do with it.  Portfolio will be required to pay fees.

Ahh, okay, Fist mentioned Synchrony Bank in his post hence my confusion as well. So I am asking PRA to pay fees then?

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2 hours ago, TroubleinFL said:

Ahh, okay, Fist mentioned Synchrony Bank in his post hence my confusion as well. So I am asking PRA to pay fees then?

I meant PRA.  The cover letter as I described is you asking them to pay.  You send it to JAMS just like I suggested and a copy goes to PRA.  Boom, you have just asked them to pay.  JAMS will bill them, no need to do anything else.

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13 hours ago, fisthardcheese said:

I meant PRA.  The cover letter as I described is you asking them to pay.  You send it to JAMS just like I suggested and a copy goes to PRA.  Boom, you have just asked them to pay.  JAMS will bill them, no need to do anything else.

Thanks Fist and BV. Do I snailmail it to PRA via their attorneys? The reason I ask is b/c the initial arbitration letter to PRA in Norfolk and haven't received the return receipt as of yet and it's been over a month so I'm guessing I had the incorrect mailing address for them. Or do I just email it to their attorneys?

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18 hours ago, TroubleinFL said:

Is the fact that they included someone else's personal/confidential info in my summons a violation to be listed when filling out my claims?

It's a violation, but not in your favor. The other person would themselves have to bring the claim against PRA.

I suppose you could try to argue what they sent was confusing and misleading, but even the 'least sophisticated consumer' would know it was a records mix-up. My point is it would never fly past a jury in court, but it might have legs for the purposes of making a claim in arbitration. 

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2 hours ago, TroubleinFL said:

Thanks Fist and BV. Do I snailmail it to PRA via their attorneys? The reason I ask is b/c the initial arbitration letter to PRA in Norfolk and haven't received the return receipt as of yet and it's been over a month so I'm guessing I had the incorrect mailing address for them. Or do I just email it to their attorneys?

Any communication you have with PRA at this point is through their attorney so yes, send the arbitration request to their attorney.

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4 hours ago, Harry Seaward said:

It's a violation, but not in your favor. The other person would themselves have to bring the claim against PRA.

I suppose you could try to argue what they sent was confusing and misleading, but even the 'least sophisticated consumer' would know it was a records mix-up. My point is it would never fly past a jury in court, but it might have legs for the purposes of making a claim in arbitration. 

Thanks Harry, I figured it would be for the other person but wasn't sure if it would also be for me as well. And if I remember correctly, Fist said in his post that I'm not even supposed to mention the debt so I'm guessing I will leave it off the JAMS form.

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2 hours ago, WhoCares1000 said:

Any communication you have with PRA at this point is through their attorney so yes, send the arbitration request to their attorney.

Thank you for the clarification WhoCares, I kinda hoped that was the route.

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Hey everyone, does anyone have a template response that I can amend for a request from a JDB's attorney asking if I would be willing to settle for a mutual dismissal? I think  I read somewhere that I need to request it be dismissed with prejudice but do I also mention removing it from my credit report as well? I'm just not sure how to word the response.

As always, I couldn't have gotten through this without all of your help so thank you again.

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19 hours ago, TroubleinFL said:
 

Hey everyone, does anyone have a template response that I can amend for a request from a JDB's attorney asking if I would be willing to settle for a mutual dismissal? I think  I read somewhere that I need to request it be dismissed with prejudice but do I also mention removing it from my credit report as well? I'm just not sure how to word the response.

As always, I couldn't have gotten through this without all of your help so thank you again.

No template needed.  If they have asked you for a mutual dismissal, just reply and state that you would be amenable to a mutual dismissal with prejudice.

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On 8/13/2019 at 6:00 AM, fisthardcheese said:

No template needed.  If they have asked you for a mutual dismissal, just reply and state that you would be amenable to a mutual dismissal with prejudice.

Thank you, didn't know if I should also request them to remove their entries from any/all credit reports as well.

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On 8/15/2019 at 12:34 PM, TroubleinFL said:

Thank you, didn't know if I should also request them to remove their entries from any/all credit reports as well.

A dismissal with prejudice can take care of all other issues like that afterwards.

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