summers

Being Sued, Need Help to Respond

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Being sued by Unifund for less than $2000.00, received summons and have to answer soon. Can someone provide any suggestions?

Complaint:

1. Defendant contracted with Plaintiff to provide monetary credit to make purchases and obtain cash advances, incur late charges, pre charge interest on accountXXXX. Defendant obtained and utilized monetary credit. Defendant have defaulted in repaying monies along with interest and were thus unjustly enriched. The Plaintiff has demanded payment for the outstanding balance of monies due and owing.

2. Relief sought ( with amount) plus court fees.

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Summons was received via certified mail. I have tried contacting the collection agency to make an offer ( even though I told them I don't know the exact amount owed) They rejected my offer, and I cannot afford to pay the amount. Need help in drafting a response. They have attached bill of sale, affidavit of claim  from someone not residing in my state and a spread sheet showing date sold, charge of date (that anyone can draft) , two bank statements.. Any ideas how I can fight this!! 

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Who is the original creditor? Can you get a copy of the agreement to see if it has an arbitration clause in it?

When was the date of default?

Does your court website or legal aid society have links for pro se defendants? 

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Original creditor is Barclays, it was then sold twice and ended up with Unifund.

How do I get a copy of the agreement? Do I ask Barclays or their lawyer?

Date of default is not shown, bank statement just shows last date of payment in Feb 2017 .Account sold in March 2017 and charge off September 2017.

No link for pro se. 

On summons form has 3options

1. Admit  2. Want trial 3. Debt action only ( addition to trial a bill of particulars)

I selected #3 and want to include an additional page denying no contract with them, no verbal, written agreement.

Also that I lack knowledge to admit amount as I was not provided detailed documentation for alleged debt and ownership of such. 

 

Is that ok?

 

 

 

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To the OP:

 

Stop what you are doing now.  

From what I can gather from other threads in this forum, it appears Barclays has an arbitration clause in the cardholder agreement.

You can visit the CFPB web site, and download the Barclay's agreement from that site.  

From what I have seen, the agreement is very favorable to you.

 

Step 1:  Get the Barclay's agreement from the CFPB site

Step 2:  Do a search on this site, and read up everything you can about arbitration.

Step 3: Let us know what you are doing, and what questions you have.  

Step 4:  File the appropriate stuff in court, such as an MTC.  

 

You have some homework to do, but there is an excellent chance you can get Barclays to walk away from the debt.  

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