MikeS

Being sued by Midland Credit Management and Portfolio Recovery Associates in Ohio

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Just now, MikeS said:
 
 

I'm guessing the format for a cover letter for JAMS would be something different than what is submitted to courts. Is there a sample out there that I could see for formatting?

It's just a letter. 

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24 minutes ago, fisthardcheese said:

Oh If I had seen this was Synchrony I would have said file now.  So, file now.  I wouldn't wait.  It will cost you nothing so why wait?  Even if they appeal - which would be a losing endeavor - you just email JAMS and ask them to put a hold on the case pending the appeal of your MTC.

When I file any arbitration case, I simply include a short and sweet cover letter that says I am submitted a new consumer arbitration case and that the enclosed contract states that the company will pay all arbitration fees and request that JAMS bill the company the full filing fee.  This is all that needs to be said on the matter.  JAMS will properly bill the JDB.

Your post on arbitration is awesome by the way. Just one question for me.  In the nature of dispute section I would be saying court mandated arbitration correct? I dont necessarily have any claims against them.

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2 hours ago, MikeS said:

Your post on arbitration is awesome by the way. Just one question for me.  In the nature of dispute section I would be saying court mandated arbitration correct? I dont necessarily have any claims against them.

Are you sure?

You can put 'credit card dispute', but I don't like doing that.  I would double check my phone records and see if they auto-dialed my cell phone at least once or SOMETHING.

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5 minutes ago, fisthardcheese said:

Are you sure?

You can put 'credit card dispute', but I don't like doing that.  I would double check my phone records and see if they auto-dialed my cell phone at least once or SOMETHING.

I'm sure they might have, but I never answered. Is there somewhere with a record of known numbers for PRA? I could say FDCPA violation and always amend later. I doubt it would even get far enough to go that length. They'd have to pay the filing fee for my arbitration and pay another filing fee for their counter claim.

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1 hour ago, fisthardcheese said:

Are you sure?

You can put 'credit card dispute', but I don't like doing that.  I would double check my phone records and see if they auto-dialed my cell phone at least once or SOMETHING.

I was looking at https://www.credit.com/blog/ways-a-debt-collector-may-be-breaking-the-law-18624/ 

I'm not aware that they actually written notification of the debt. I was aware of debt that PRA had because of pulling your free credit report once a year but I'm not sure if they ever sent me anything about the debt. I'm sure they might have a hard time proving they did.

Thoughts?

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28 minutes ago, MikeS said:

I was looking at https://www.credit.com/blog/ways-a-debt-collector-may-be-breaking-the-law-18624/ 

I'm not aware that they actually written notification of the debt. I was aware of debt that PRA had because of pulling your free credit report once a year but I'm not sure if they ever sent me anything about the debt. I'm sure they might have a hard time proving they did.

Thoughts?

That written notification containing your right to request validation would be required to take place after an initial (first) communication with you.  When was the initial communication?  

As far as proof, they would merely have to show they have procedures in place to send the required disclosures.  First, you would be required to prove there was an initial communication. 

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19 minutes ago, BV80 said:

That written notification containing your right to request validation would be required to take place after an initial (first) communication with you.  When was the initial communication?  

As far as proof, they would merely have to show they have procedures in place to send the required disclosures.  First, you would be required to prove there was an initial communication. 

I'm not sure I have an record of an initial communication. I certainly wouldn't have a letter anymore if they had sent one. Until I discovered this forum after being sued, i never knew how important all of that could have been. If I claimed a FDCPA violation that they never sent written notification of the debt. They would still need to pay filing fees to get to that point anyway. The reason I say this, is @fisthardcheese recommended not filing without some sort of reason other than just the court compelled arbitration. 

Do you have a different suggestion or recommendation? 

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15 minutes ago, MikeS said:

I'm not sure I have an record of an initial communication. I certainly wouldn't have a letter anymore if they had sent one. Until I discovered this forum after being sued, i never knew how important all of that could have been. If I claimed a FDCPA violation that they never sent written notification of the debt. They would still need to pay filing fees to get to that point anyway. The reason I say this, is @fisthardcheese recommended not filing without some sort of reason other than just the court compelled arbitration. 

Do you have a different suggestion or recommendation? 

Are they reporting the debt to the CRAs?  If so, is every detail correct?

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5 minutes ago, BV80 said:

Are they reporting the debt to the CRAs?  If so, is every detail correct?

They are reporting to CRA's. What details would I be looking at for mistakes besides amount?

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24 minutes ago, MikeS said:

They are reporting to CRA's. What details would I be looking at for mistakes besides amount?

If these dates are being reported, check the date of first delinquency and date of last payment.   

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10 minutes ago, BV80 said:

If these dates are being reported, check the date of first delinquency and date of last payment.   

The following is from credit reports i pulled at the beginning of March.

All three have them listed as collection accounts and have no payment indicators. Although in Equifax next to Portfolio Recover Associates it has "(CLOSED)". It's not listed down in the Collections section. Not sure if that matters. The amount matches what they sued me for in all three. 

The original card does not appear on any of my credit reports.

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19 hours ago, MikeS said:

They'd have to pay the filing fee for my arbitration and pay another filing fee for their counter claim.

There is only one filing fee in arbitration regardless of how many claims.  Their counter claim will be free.

15 hours ago, MikeS said:

Although in Equifax next to Portfolio Recover Associates it has "(CLOSED)". It's not listed down in the Collections section. Not sure if that matters.

It might.  If they are reporting it as a closed revolving account I would argue that is inaccurate.  Are all of the dates and amounts the same across all 3 reports?  That is where I used to find a lot of violations.  JDBs would report a dollar off on 1 of the 3 reports, or a date would be a day or two different on 1 of the 3.  Before being considered a violation, however, you must dispute the error with the CRAs.  If you must file in JAMS before getting the results back from your CRA disputes, then you can file as FCRA violations and amend as needed.

If none of that pans out, just use "credit card dispute".  It's not as strong, but this is a JDB in JAMS so it isn't going anywhere anyway.

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1 hour ago, fisthardcheese said:

There is only one filing fee in arbitration regardless of how many claims.  Their counter claim will be free.

It might.  If they are reporting it as a closed revolving account I would argue that is inaccurate.  Are all of the dates and amounts the same across all 3 reports?  That is where I used to find a lot of violations.  JDBs would report a dollar off on 1 of the 3 reports, or a date would be a day or two different on 1 of the 3.  Before being considered a violation, however, you must dispute the error with the CRAs.  If you must file in JAMS before getting the results back from your CRA disputes, then you can file as FCRA violations and amend as needed.

If none of that pans out, just use "credit card dispute".  It's not as strong, but this is a JDB in JAMS so it isn't going anywhere anyway.

None of them are under revolving accounts. A few things that I did notice;

In Equifax, Date Opened say Aug, 20 2019 yet they have that my first delinquency is January 1 2019. In Experian, they originally reported a higher balance and then there is a line that says balance updated 2/27/2020 which changes the balance to the amount of the others. 

The biggest question mark is them claiming a delinquency prior to when they report the account opened with them? Is this something to go on?

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8 hours ago, MikeS said:

None of them are under revolving accounts. A few things that I did notice;

In Equifax, Date Opened say Aug, 20 2019 yet they have that my first delinquency is January 1 2019. In Experian, they originally reported a higher balance and then there is a line that says balance updated 2/27/2020 which changes the balance to the amount of the others. 

The biggest question mark is them claiming a delinquency prior to when they report the account opened with them? Is this something to go on?

The delinquency was with the OC.  The “date opened” is the date the collection account was opened in the JDB’s files.  There is nothing wrong with that.  

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Question about my case with Midland. I have the same motion submitted on that case. It was submitted on the 15th of June. Nothing has happened yet. No brief in opposition filed by plaintiff, no judgement or proposal by the Judge/Magistrate. In fact, the plaintiff has taken no action on this case since they filed March 3rd. 

What should I do to get this moving? Can I do anything? File a brief in support to try to push the judge to do something? Since this account is also Synchrony bank I can file for arbitration now and force the hand of the JDB but was hoping i would just get the dismissal on the motion.

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Just wait until the court acts.  It will eventually.  They are probably waiting for the plaintiff to respond.  If they don't, that works in your favor, as you should win the motion by default.  But don't be surprised if the court bends over backwards to accommodate them.  They might hold a motion hearing.  Don't try to push the court to do anything.  Judges don't like that.

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I Filed for arbitration on the PRA case. While the magistrate's decision has not become final yet, I'm ahead of the game and can submit my proof to the court that I complied with their decision to compel arbitration.

I'm still torn on whether to file for arbitration on the Midland case. I have my motion to dismiss submitted but nothing has happened yet. Like the PRA case, its a Synchrony account, so while the arb clause is strong to force the JDB to pay all fees, it also is pretty clear about the party who is seeking claims should be filing for arbitration. Should I just file anyway?

Also what do I submit to the court showing i filed for arbitration? Is it a motion to dismiss or just a document submitted as evidence I complied?

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You already filed a motion to dismiss. The court declined to dismiss, but issued a stay. So I wouldn't file another one. Just provide evidence you have initiated the arbitration.

After that, the next move is up to the court. They might dismiss, but that is doubtful.  They will probably just continue with the stay.

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On 6/29/2020 at 7:05 PM, nobk4me said:

Just wait until the court acts.  It will eventually.  They are probably waiting for the plaintiff to respond.  If they don't, that works in your favor, as you should win the motion by default.  But don't be surprised if the court bends over backwards to accommodate them.  They might hold a motion hearing.  Don't try to push the court to do anything.  Judges don't like that.

You weren't joking about them bending over backwards for them. At the end of the day today, the Magistrate's proposed decision for the Midland case was uploaded. Its basically the same thing as the PRA case. 

They even CC'ed the attorney for the PRA case NOT the Midland case.

I'm so aggravated. I want to object but it costs $50 to file the objection. I want to point out the the plaintiff did literally nothing to prosecute the case except file. I want to point out the section of the clause that states "...it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding."

They are essentially denying my motion without even a peep from the plaintiff. 

I suppose, they are still likely to vanish in arbitration but it just doesnt feel like justice was served.

Am I wrong for thinking this? Should I just let it go and move on to arbitration?

Magistrate's decision Midland_Redacted.pdf

Edited by MikeS
Forgot to add file

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45 minutes ago, MikeS said:

You weren't joking about them bending over backwards for them. At the end of the day today, the Magistrate's proposed decision for the Midland case was uploaded. Its basically the same thing as the PRA case. 

They even CC'ed the attorney for the PRA case NOT the Midland case.

I'm so aggravated. I want to object but it costs $50 to file the objection. I want to point out the the plaintiff did literally nothing to prosecute the case except file. I want to point out the section of the clause that states "...it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding."

They are essentially denying my motion without even a peep from the plaintiff. 

I suppose, they are still likely to vanish in arbitration but it just doesnt feel like justice was served.

Am I wrong for thinking this? Should I just let it go and move on to arbitration?

Magistrate's decision Midland_Redacted.pdf 155.65 kB · 1 download

Based on the language of the Federal Arbitration Act, the judge was correct to stay the proceedings.  That Act states that lawsuits should be stayed pending arbitration.   He did not bend over backwards for the plaintiff.    
 

9 U.S.C. §3

If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.

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11 minutes ago, BV80 said:

Based on the language of the Federal Arbitration Act, the judge was correct to stay the proceedings.  That Act states that lawsuits should be stayed pending arbitration.   He did not bend over backwards for the plaintiff.    
 

9 U.S.C. §3

If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.

I get it. Its just frustrating that Plaintiff has done nothing since March. Just proves that they file these things hoping people do nothing then review later and file for summary judgement. I'm wondering if they'll actually send the proposed decision to the correct attorney though since it shows the attorney for PRA cc'ed on this Midland suit. I guess they'll know something once they get the JAMS demand and bill.

I still dont understand what it is I'm supposed to send the court to prove I have commenced arbitration. Does JAMS send me a bunch of stuff once they have assigned a case manager?

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Technically, IMO, if the defendant files a motion to dismiss and the plaintiff fails to respond, which was the case here, the motion should have been granted.  But you got a stay, which is a victory. File the arb with JAMS.

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On 6/29/2020 at 4:20 PM, MikeS said:

Since this account is also Synchrony bank I can file for arbitration now and force the hand of the JDB but was hoping i would just get the dismissal on the motion.

I would NEVER file an arbitration case until a Judge grants my MTC.  Only in the rare case of not yet being sued and having a Credit One or CitiBank card agreement would I ever say arb should come first.

On 7/1/2020 at 6:50 PM, MikeS said:

I'm so aggravated. I want to object but it costs $50 to file the objection.

I think you have the complete wrong idea of how things work.  You are winning but you are frustrated?  I don't get it.

On 7/1/2020 at 7:49 PM, MikeS said:

I still dont understand what it is I'm supposed to send the court to prove I have commenced arbitration. Does JAMS send me a bunch of stuff once they have assigned a case manager?

Yes.  You need to read up on threads about the arbitration process.  I have explained it on these boards countless times over 5 years.  Once you get the commencement papers from JAMS, file a NOTICE with the court showing that you have complied with the court's order and commenced arbitration with a copy of the JAMS letters as your proof. 

On 7/1/2020 at 7:49 PM, MikeS said:

I'm wondering if they'll actually send the proposed decision to the correct attorney though since it shows the attorney for PRA cc'ed on this Midland suit. I guess they'll know something once they get the JAMS demand and bill.

The attorneys very likely get electronic notifications on their cases anyway, so I'm sure they know about it.

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On 7/5/2020 at 9:32 AM, fisthardcheese said:
On 7/1/2020 at 6:50 PM, MikeS said:

I'm so aggravated. I want to object but it costs $50 to file the objection.

I think you have the complete wrong idea of how things work.  You are winning but you are frustrated?  I don't get it.

You are right. I shouldnt be frustrated. I suspect for the dollar amount of the debt they would have to be crazy to actually follow through on arbitration. I just expected what what @nobk4me said where since the plaintiff didnt respond, my motion should have been accepted. I'll just wait for the stay to be applied and then file for arb.

On 7/5/2020 at 9:32 AM, fisthardcheese said:
On 7/1/2020 at 7:49 PM, MikeS said:

I still dont understand what it is I'm supposed to send the court to prove I have commenced arbitration. Does JAMS send me a bunch of stuff once they have assigned a case manager?

Yes.  You need to read up on threads about the arbitration process.  I have explained it on these boards countless times over 5 years.  Once you get the commencement papers from JAMS, file a NOTICE with the court showing that you have complied with the court's order and commenced arbitration with a copy of the JAMS letters as your proof. 

I very much appreciate all the help. Most of my reading thus far has been on the court process since that is where my 2 cases currently reside. I do need to continue reading on the arb process now since that is where they are both headed. Thank you again for all of the help thus far.

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Not that I was expecting it this soon, but the last account I have out there which is a citi bank card owned by Cavalry SPV sent me a letter from a law firm that they placed the debt with.

The letter was the standard: "This debt, owned by Cavalry.......has been placed with our office for collection........ Unless you notify this office within 30 days.......we will assume the debt is valid......"

I'm guessing after that 30 days is up they'll be free to sue so i probably want to, based on reading other threads here, quickly file the demand for arb. The citi card contract only gives me AAA as a choice.

Should I attempt to make any contact with the law office first or just go straight to filing arb and then go from there since I'm potentially working with limited time?

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