MIOMH

Sued by Midland in Suffolk County, NY

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11 hours ago, Brotherskeeper said:

Correct spelling is Interrogatory.

Thank you...spell check doesn't work on CAPS.  Copy and Paste is a blessing and a curse.

 

11 hours ago, Brotherskeeper said:

Is there a reason you left out, "Any discovery requests are to be decided by the arbitration administrator according to the rules of the AAA arbitration forum."? 

I thought by adding it in the NOW COMES was sufficient.  I put it back into the objection.

 

11 hours ago, Brotherskeeper said:

You stated in an early post: "I chose the Answer (General Denial) and for defenses the only check box that seemed to apply was "I had no business dealings with Plaintiff"." It also reads: "(Plaintiff lacks standing)" after that statement. Lack of standing is listed as an affirmative defense on that form, although it just states, "Defenses." FYI--Even though you stated an objection to the interrogatories in general and to each specifically, you still may respond to certain ROGS, without waiving the objection. "Without waiving this objection, Defendant has..." This would be for any response that you can answer that can't implicate a waiver and is easily answered. (again FYI). 

I changed 1B to" Without waiving this objection, Defendant chose "I had no business dealings with Plaintiff (Lack of standing)." to the Summons and Complaint. It was submitted to the court and mailed to the Plaintiff."

 

11 hours ago, Brotherskeeper said:

You have generally denied each complaint allegation. This would include any allegation of being a party to a contract with the original creditor. 

I thought by the NOW COMES paragraph and objecting everything with "I have demanded private contractual arbitration" would save from that.

 

11 hours ago, Brotherskeeper said:

To recap

Yes, that is all true.  There hasn't been a judge assigned to my case because someone has to pay for RJI, hence why I haven't motioned anything yet.  CPLR 3025 (a) you can amend without leave of court within 20 days after service.  My time had expired by the time you guys wrote about amending. (b) by stipulation of all parties.  I wouldn't think the attorney would but I guess I should've tried.

 

11 hours ago, Brotherskeeper said:

Fisthardcheese recommended you file a demand with AAA in his Aug.4 post. Did you do this? 

I filed today.  At the time @fisthardcheese recommended I didn't have the filing fee if I had gone through filing online which they require.  After rereading fisthardcheese arbitration strategy it mentioned that you can file via mail without payment, which I did.

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I received word from AAA.  They are currently waiting on the Business (Midland) $500 filing fee.  Surprisingly, they have not emailed me an invoice for Consumer (my) fee.  I was originally going to email inquiring about it, but I’ll stand by until I hear from them or the deadline approaches.

@ fisthardcheese or anyone, I was thinking of emailing and mailing the settlement since I haven’t had any communication with the attorney via email.  Any thoughts on the matter?

 

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Hi @MIOMH, I am @usctrojanalum my account got messed up where my email was locked out so I made a new account. 

Wish I was around earlier to give you some guidance here. Do you have the sense that Midland is going to go through with the arbitration?

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Hello @SJULawAlum/@usctrojanalum and welcome back!

First, CONGRATULATIONS on winning your first case! Second, anyway to combine your two accounts. You are now listed as a newbie and that is SO NOT true.

No, I think (for the time being) that Midland won't go through arbitration. I received a letter yesterday from Midland Credit Management.

“We are writing to inform you that we have opened an investigation regarding your recent dispute.

We are awaiting additional documents from the original creditor to conclude our investigation. In the interim, Midland Credit Management Inc. has initiated the process of requesting that the three major credit reporting agencies delete the tradeline of the above referenced Midland account from your credit file. Once our investigation has concluded, we will contact you with the results. This may take up to 90 days from the date we received your dispute. “

I received the letter from MCM not the attorney with a date of 08-30-19 so I'm not sure if the dispute they are referencing is the Intent for Arbitration that they received. In 08-01-19 the attorney requested that they want proof that I will proceed with Arbitration. AAA and the attorney received my application for arbitration on 08-19-19, and AAA emailed us on 08-29-19 what they required from us. Either in November I'm going to find out if I'm going to be “Thankful” or have a “Black Friday” not the good kind. I'm already a little thankful that they requesting the removal off my credit report.

NOW, what the heck is this about “We are awaiting additional documents from the original creditor to conclude our investigation”!!!??? I thought that once the OC sells to the JDB there is no more communication between them. Is Citibank really going to hand over additional documents or even sell them additional documents?

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Just monitoring the status of it, status is still Pre-RJI.  I thought with my intent letter and their ROGs that they were going to file for judge.

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@SJULawAlum and @fisthardcheese

I need assistance on replying back to AAA.  The attorney’s firm emailed AAA that I filed improperly and omitted important facts.  They are saying that my dispute is not a billing dispute but a matter of a debt collection.  Also, that there has not been a Court Order that directs Midland to pay the filing fee.  If you want it verbatim, I can copy it to the post. They quoted the agreement that they are not responsible for the filling fee.

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So I wish I could offer some advice to you now that you are there, but I can't. I can help someone get a court order compelling arbitration - but navigating AAA is not really something I know how to do.

 

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@MIOMH This is the Citi Card Section 11 Arbitration provision you posted a while ago. Is it the correct agreement Plaintiff is working from? 

Paying for arbitration fees
We’ll pay your share of the arbitration fee for an arbitration of Claims
of $75,000 or less if they are unrelated to debt collection.
Otherwise,
arbitration fees will be allocated according to the applicable AAA Rules.
If we prevail, we may not recover our arbitration fees, unless the
arbitrator decides your Claim was frivolous. All parties are responsible
for their own attorney’s fees, expert fees and any other expenses,
unless the arbitrator awards such fees or expenses to you or us based
on applicable law.

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2 hours ago, Goody_Ouchless said:

Please do

It is the position of this office that the matter was improperly filed by the claimant and that important facts were omitted.  The claimant failed to state in the initial filing that the underlying  matter concerned debt collection.  If the court order directs that a specific party is responsible for the filing fee, it is the responsibility of the filing party either to make such payment to the AAA and seek reimbursement as directed in the court order or to make other such arrangements so that the filing fee is submitted to the AAA with the Demand. There has been no Court Order issued that directs Midland Funding LLC responsible for the filing fee.

 

In addition, per the card member agreement that was submitted, Midland Funding LLC is not responsible for the payment of the filing fee as the card member agreement stated under Section 11 “we will pay your share of the arbitration fee of claims  of $75,000.00 is less if they are unrelated to debt collection.” As stated above the underlying matter relates to debt collection.

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1 hour ago, MIOMH said:

If the court order directs that a specific party is responsible for the filing fee, it is the responsibility of the filing party either to make such payment to the AAA and seek reimbursement as directed in the court order or to make other such arrangements so that the filing fee is submitted to the AAA with the Demand. There has been no Court Order issued that directs Midland Funding LLC responsible for the filing fee.

What does the court order state, if anything, about the payment of arbitration filing fees?

 

1 hour ago, MIOMH said:

In addition, per the card member agreement that was submitted, Midland Funding LLC is not responsible for the payment of the filing fee as the card member agreement stated under Section 11 “we will pay your share of the arbitration fee of claims  of $75,000.00 is less if they are unrelated to debt collection.” As stated above the underlying matter relates to debt collection.

The agreement language concerns your share of the arbitration fee.  Your share is determined by the AAA consumer rules.

Conditional restated in standard form;
If (claims ≤$75k) are unrelated to debt collection, [then] we’ll pay your share of the arbitration fee.
antecedent: (claims ≤$75k) are unrelated to debt collection
consequent: we’ll pay your share of the arbitration fee

It does not follow from a claim that the antecedent is false that the consequent is also false.

However, the next sentence in the agreement does address all other circumstances when the antecedent does not obtain;

Otherwise, arbitration fees will be allocated according to the applicable AAA Rules.

The AAA consumer rules define your share of the filing fee to be around $200.

 

10 hours ago, MIOMH said:

I need assistance on replying back to AAA.

What sort of response has the AAA requested?

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35 minutes ago, Pericles said:

What does the court order state, if anything, about the payment of arbitration filing fees?

There is no Court Order as there hasn't been a judge assigned to my case.  Their attorney are just telling the Case Manager that they are not responsible for the filing fee because no Court Order demands it.

36 minutes ago, Pericles said:

The AAA consumer rules define your share of the filing fee to be around $200.

I have no issue paying my filing fee share as I've nested it until I am required to pay it.  Am I supposed to backpedal and say that it isn't a billing dispute but agree it's a debt collection?  In the “Filing The Arbitration Case” section of the strategy @fisthardcheese says not to mention the debt and to use billing dispute if there isn't any violations laws against them.  There hasn't been any violation to FDCPA because there hasn't been any communication between us besides the ROGs and Arbitration.  I looked at the entire FDCPA page from ftc.gov hoping to find something but nada.

37 minutes ago, Pericles said:

What sort of response has the AAA requested?

I guess they want me to agree or disagree with what they said and gave me a deadline to reply by.

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Just thinking but when I received the Summons it also included a file number of the attorney. Last week I received a letter from MCM that they will request the CRA to remove Midland account from my credit file and Monday the attorney sends out the email about not being a billing dispute but debt collection. I'm not sure how debt collectors and their attorneys work but I would think they'll talk between each other before the attorney takes the next step on anything.

It's a far stretch and board line conspiracy theory but could it be that Midland decided to delete their referenced to me having an account with them to then the attorney saying he doesn't have an account with Midland.

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The letter from Midland about verifying or investigating the debt is irrelevant at this point.  That is just a computer generated response when they get anything they consider a "DV" letter or any dispute.

I would respond to AAA with the attorney copied and state that you object to the attorney's misrepresentation of your claims.  I would state that your Arbitration Demand clearly states what your claim is about and in no way does it mention debt collection.  I would then go on to state that you are now amending your Demand to include Unfair and Deceptive Acts and Practices (or the equivalent law in your state).  I would usually say I would include an FDCPA violation at this point due to their lies about your AAA filing and the fact about paying the fees, but I would just steer clear of all "debt" related laws for right now and just make it a state UDAP violation instead.  I would also state that I object to the mischaracterization of the contract language which clearly states that the company Respondent is responsible for all filing fees.

Just keep in mind that right now, your claims in AAA have nothing to do with THEIR court case, but only your non-debt claims.  This is what will trip them up.  They are conflating it and believing that you are filing AAA claims about their lawsuit.  But that is not the case, especially since no MTC has been granted.

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54 minutes ago, MIOMH said:

I'm not sure how debt collectors and their attorneys work but I would think they'll talk between each other before the attorney takes the next step on anything

This is nothing to dwell on.  Midland works by computer.  You have thrown a wrench into their machine and it is now spitting out things in random order.  MCM letters and removal of credit reports has nothing to do with what the attorney does.  The 2 machines are not talking to each other and never will.  Your only concern should be with the attorney and nothing more.

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43 minutes ago, fisthardcheese said:

I would respond to AAA with the attorney copied and state that you object to the attorney's misrepresentation of your claims.  I would state that your Arbitration Demand clearly states what your claim is about and in no way does it mention debt collection.  I would then go on to state that you are now amending your Demand to include Unfair and Deceptive Acts and Practices (or the equivalent law in your state).  I would usually say I would include an FDCPA violation at this point due to their lies about your AAA filing and the fact about paying the fees, but I would just steer clear of all "debt" related laws for right now and just make it a state UDAP violation instead.  I would also state that I object to the mischaracterization of the contract language which clearly states that the company Respondent is responsible for all filing fees.

Ok, I'll look for an equivalent law for UDAP to understand it a better. Once, I find the law do I have provide an example on how they violated the law similar to case laws in MTC Arbitration?  I would think that the Case Manager or attorney would ask how's it a violation. 

Also, thinking 1 step ahead. Let's say the attorney replies with the summons or prove of debt collection what objection would I use then?

Thank you @fisthardcheese

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I found a New York General Business Law Article 22-A Consumer Protection from Deceptive Acts and Practices Section 349 (Deceptive acts and practices unlawful).

I need assistance with wording the amendment.  Can I just say “I am amending my Demand to include NY GEN BUS Law Article 22-A” or do I need to write out New York General Business Law Article 22-A Consumer Protection from Deceptive Acts and Practices?

 

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21 hours ago, MIOMH said:

Also, thinking 1 step ahead. Let's say the attorney replies with the summons or prove of debt collection what objection would I use then?

Ask for a hearing.  The thing about all of this is that the Case Manager is not going to decide on any questions.  They will simply ask for the JDB to pay the fees and let the arbitrator decide if the claims are eligible or not.  This is also a potential argument that they will use in court against your MTC, so you will need to watch for that as well.

7 hours ago, MIOMH said:

I need assistance with wording the amendment.  Can I just say “I am amending my Demand to include NY GEN BUS Law Article 22-A” or do I need to write out New York General Business Law Article 22-A Consumer Protection from Deceptive Acts and Practices?

When in doubt, go with the option that is more precise and clear.

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