cedric_86

Sued by Unifund for Barclays Bank card in Indiana

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On 8/26/2020 at 10:18 AM, Brotherskeeper said:

Yes! Yes. And, yes.

I know. You have other, now more important, battles to fight. You worked really hard, but you came up against an immovable object in your judge. We had a recent case in Virginia with a similar judge. It's tough to accept that the task of correcting a clearly errant judge is out of reach. Best of luck to you. 

What makes it worse is now I have a collection on my credit report opened about the same time.  It doesn't say Unifund, but I'm sure it's them.  It's Mercury or something but has 0 balance and says debt was sold or transferred.

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15 hours ago, cedric_86 said:
 
 

I agree, that it seems like a waste of time because you get the same judge.  My thought was that it would buy me time to see to decide on if I wanted to file the appeal or not with the $250 filing fee.  I wonder if it would work, because the judge may feel whether it goes to arbitration or not, the outcome would be the same. At least that's how my Legalshield attorney feels.  So, I didn't want to waste the money.

You almost make it sound easy (with the cut/paste).  I think when I saw the part about the brief and contents, it seemed overwhelming.  I wouldn't mind attempting it if I had some help.  I really wanna stick it to the man. LOL

All due respect to this attorney, but they are wrong and don't understand consumer arbitration.  The judge didn't give ANY thought to this.  Nor, legally is he supposed to. His only thought was that he was annoyed by a pro-se making him do more than rubber stamp a file by his collector attorney friend.  That's all this was. Nothing more was put into it by the judge.

Your case laws that you already have is basically your brief.  Those same arguments you already made comprise of a brief that explains why, legally, you are entitled to arbitration, and how the judge acted outside of those well established cases.  Other than the filing fee, and the time it will take another court to work the process, you have nothing to lose in my opinion.  And if $250 is substantially less than the judgement amount now, it might be worth it.

But again, if you have other priorities, then you have to weigh that for yourself personally.  It's time consuming and that is understandable if you just need to get rid of this quickly by paying it off, then sometime we just have to do that too.

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I'm posting here as I was advised to keep everything in the same thread instead of creating a new thread.  Sorry in advance for so many questions.

Does anyone know what happens after the plaintiff's summary judgement is granted?  Is there another step, that either I or Unifund has to take?  I haven't heard from them.  Should I expect something from the court other than their MSJ was granted?

I've never been in this situation.  Because I lost the case, is it too late to try to settle with Unifund?  Do, I pay the judgement or not, since it won't help the credit score?

I noticed after the court case that a new creditor has appeared on my credit report.  Apparently, it's one of the 1st companies that Barclay (OC) sold the account to (First Bank & Trust). I never had anything on my report from any company regarding that Barclay card.  FB&T show a zero balance, and state the account was transferred.  

I sent debt validation letters (different addresses on different reports), and we'll see what they say.  I don't know if  they have the right to report anything or if this is any type of violation. (I'm still mad at Unifund and wish I could get back at them ;)

 

 

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7 hours ago, cedric_86 said:

I'm posting here as I was advised to keep everything in the same thread instead of creating a new thread.  Sorry in advance for so many questions.

Does anyone know what happens after the plaintiff's summary judgement is granted?  Is there another step, that either I or Unifund has to take?  I haven't heard from them.  Should I expect something from the court other than their MSJ was granted?

I've never been in this situation.  Because I lost the case, is it too late to try to settle with Unifund?  Do, I pay the judgement or not, since it won't help the credit score?

I noticed after the court case that a new creditor has appeared on my credit report.  Apparently, it's one of the 1st companies that Barclay (OC) sold the account to (First Bank & Trust). I never had anything on my report from any company regarding that Barclay card.  FB&T show a zero balance, and state the account was transferred.  

I sent debt validation letters (different addresses on different reports), and we'll see what they say.  I don't know if  they have the right to report anything or if this is any type of violation. (I'm still mad at Unifund and wish I could get back at them ;)

 

 

The ball is in Unifund’s court.  They have to take the next steps.  It’s not too late to try to settle.

Yes, the new companies have a right to report.  They don’t have to notify you first.  You stated that you sent validation requests.  If you sent them as a result of finding the accounts on your credit report, the company does not have to respond and can continue reporting.  Debt validation rights are triggered only after receiving an initial communication and the 30-day validation notice.   The courts that have ruled on the issue have ruled that credit reporting is not an initial communication that triggers validation rights.  

 

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2 hours ago, BV80 said:
 

The ball is in Unifund’s court.  They have to take the next steps.  It’s not too late to try to settle.

Yes, the new companies have a right to report.  They don’t have to notify you first.  You stated that you sent validation requests.  If you sent them as a result of finding the accounts on your credit report, the company does not have to respond and can continue reporting.  Debt validation rights are triggered only after receiving an initial communication and the 30-day validation notice.   The courts that have ruled on the issue have ruled that credit reporting is not an initial communication that triggers validation rights.  

 

 

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15 hours ago, BV80 said:
 

The ball is in Unifund’s court.  They have to take the next steps.  It’s not too late to try to settle.

Yes, the new companies have a right to report.  They don’t have to notify you first.  You stated that you sent validation requests.  If you sent them as a result of finding the accounts on your credit report, the company does not have to respond and can continue reporting.  Debt validation rights are triggered only after receiving an initial communication and the 30-day validation notice.   The courts that have ruled on the issue have ruled that credit reporting is not an initial communication that triggers validation rights.  

 

Ok.  The company reporting is one of the first companies that bought the debt.  Not even the last one that the account was transferred to.  So, if they do not own it, how can they report on it?

Unifund hasn't communicated with me at all since the court case, so I'm not sure if they are to communicate with me or file something else in the courts.

Or, does the Summary Judgement become enforceable just by being granted?

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On 10/20/2020 at 11:04 PM, cedric_86 said:

Ok.  The company reporting is one of the first companies that bought the debt.  Not even the last one that the account was transferred to.  So, if they do not own it, how can they report on it?

Unifund hasn't communicated with me at all since the court case, so I'm not sure if they are to communicate with me or file something else in the courts.

Or, does the Summary Judgement become enforceable just by being granted?

Once the court grants summary judgment, it’s enforceable.   

In regard to your credit report, the company that once owned the debt may still appear, but it is not updating each month.  The last time it updated should be around the time it sold the account.  It should also show a zero balance if it sold the debt.  Only the current owner can update and show a balance while it owns the account.  

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9 hours ago, BV80 said:

Once the court grants summary judgment, it’s enforceable.   

In regard to your credit report, the company that once owned the debt may still appear, but it is not updating each month.  The last time it updated should be around the time it sold the account.  It should also show a zero balance if it sold the debt.  Only the current owner can update and show a balance while it owns the account.  

That makes sense.  It has a zero balance. It never appeared on the report before.  They transferred it in 2017, so how it appeared in 2020, I don't get that.

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On 10/20/2020 at 11:04 PM, cedric_86 said:

Unifund hasn't communicated with me at all since the court case, so I'm not sure if they are to communicate with me or file something else in the courts.

They don't have to.  After some period of time, they can file a writ in court to levy your bank account or garnish wages.  It's best to contact them and settle or arrange payments to avoid those collection tactics.

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