Another LVNV Funding, LLC matter

[alwayswinning36]

 I was sued, by LVNV. I filed my general denial answer and also a motion to compel arbitration. I emailed the answer and motion to them after making sure I had dropped the certified mail service in the mail. The petition that was filed by their attorney stated they accept service by email. I still sent both to them by mail also, certified with return receipt requested. Of course their attorney emailed me almost immediately citing the "small claims exception". I did note however that on my consumer report LVNV is reporting a "one month term", I assume for repayment of the debt? When I presented that to the attorney for LVNV, the person who was sending me emails about it stated that was "okay". However, an attorney I spoke to said it is a misrepresentation of the debt. It is only reported as such on one report, the other two reports just show it as a collection account with no status history reported. I assume the report with the status history is the only one they really "update". In any case it sure seems deceptive showing "one month term" omitting the first couple months of status reporting and then reporting charge off until the cows come home. Showing any "term" would imply an agreement was made, when there in fact was not and has not been one made or entered into with that collector. I suppose that was the opinion of the attorney I spoke to.

How do these credit card companies or their debt collection counterparts get by saying the card agreement at the time of charge off is the agreement applicable? There is wording in there that says "if any changes are made that adversely affect your rights under the agreement you will be notified in writing". When I stated to their attorney that 2017 wasn't the applicable agreement he didn't seem to care about the language I just quoted from the agreement that would have been in effect when the card agreement was entered. I never received anything to any end notifying me of any adverse effect on my rights. And defaulting on a debt doesn't change your rights or responsibilities.

In any case, if they don't wish to arbitrate and pony up their thousands of dollars to do so I am going to counterclaim. Their attorney I guess thinks I am stupid and wants me to send a "draft" of the counterclaim before filing it in court. TDCA, TDTPA, FDCPA, DTPA all seem to be potential avenues to twist their arm or wrist and make them want to just dismiss. Nice thing is once the counterclaims are filed won't be a thing getting dismissed without agreeing to it being dismissed, such as "with prejudice", etc. They can't even try to dismiss it now as it stands just with the motion to compel being filed as it is. Not until that is ruled on.

If you are being sued by LVNV you should look for anything to counterclaim. You need to remember the biggest thing they are counting on is you not doing anything, and not even answering the suit so they can obtain that default judgment. Be part of the 2% they aren't expecting to deal with. The 2% that don't just ignore the matter and let them have their way. I will update as it unfolds.

[Clydesmom]

3 hours ago, alwayswinning36 said:

How do these credit card companies or their debt collection counterparts get by saying the card agreement at the time of charge off is the agreement applicable?

Because that is contract law and how it is done.  The card agreement in effect at the time of default/charge off is the one that applies not the one when you opened the account.  

3 hours ago, alwayswinning36 said:

When I stated to their attorney that 2017 wasn't the applicable agreement he didn't seem to care about the language I just quoted from the agreement that would have been in effect when the card agreement was entered.

Because he knows he is right and you are wrong.  All you did arguing this was confirm what you don't know about contract law and debt collection lawsuits.

3 hours ago, alwayswinning36 said:

I never received anything to any end notifying me of any adverse effect on my rights. And defaulting on a debt doesn't change your rights or responsibilities.

They don't have to prove you received anything that was sent prior to the suit being filed.  ONLY that they sent it.

3 hours ago, alwayswinning36 said:

Their attorney I guess thinks I am stupid and wants me to send a "draft" of the counterclaim before filing it in court.

Based on what you have already revealed that is a smart move on his part.  If he reads your counter claim and it is a "crayon petition" without merit you can expect they simply dig in and wait for you to lose on their claim and yours.  Worse by filing the counter claim if you lose they will have inflated legal fees and costs assessed to you as part of the verdict.  Another option they have is if you use Federal laws as part of the counter claim they can remove it to Federal Court where they will be 100% certain you are in way over your head.

3 hours ago, alwayswinning36 said:

Nice thing is once the counterclaims are filed won't be a thing getting dismissed without agreeing to it being dismissed, such as "with prejudice", etc.

They may not want to dismiss if they read what you intend to file and believe or know it to be baseless.

3 hours ago, alwayswinning36 said:

TDCA, TDTPA, FDCPA, DTPA all seem to be potential avenues to twist their arm or wrist and make them want to just dismiss.

That tactic worked a decade ago and post recession.  Not so much anymore.  The threat of counter claims has lost its leverage.  If you really believe you have actual violations you should have NO trouble getting a good consumer attorney to take the case on contingency.  If your plan is to keep throwing tactics at the case hoping something sticks and they walk away you are very likely in for a rude awakening.

[alwayswinning36]

2 hours ago, Clydesmom said:

Because that is contract law and how it is done.  The card agreement in effect at the time of default/charge off is the one that applies not the one when you opened the account.  

If this is so, then why is there language that says otherwise in that same agreement?

Because he knows he is right and you are wrong.  All you did arguing this was confirm what you don't know about contract law and debt collection lawsuits.

Not necessarily. Tell ya what. Why don't YOU send something like a petition for court, to the person you are suing before you ever file it. Let us all know how that works out for you in the long run.

They don't have to prove you received anything that was sent prior to the suit being filed.  ONLY that they sent it.

Again, good luck proving they sent the notice that the card agreement terms had changed, and affected my rights under the agreement. Read the entire thing before you quote, maybe?

Based on what you have already revealed that is a smart move on his part.  If he reads your counter claim and it is a "crayon petition" without merit you can expect they simply dig in and wait for you to lose on their claim and yours.  Worse by filing the counter claim if you lose they will have inflated legal fees and costs assessed to you as part of the verdict.  Another option they have is if you use Federal laws as part of the counter claim they can remove it to Federal Court where they will be 100% certain you are in way over your head.

Not really. According to the arbitration agreement they can only sue for claims, or do anything with claims that stay in small claims. So why would they try to remove it to federal court? Either way it only costs them more money. Far more than they allege is owed. If the claim doesn't stay in small claims then they have to arbitrate per this hailed card agreement. It isn't a one sided thing.

They may not want to dismiss if they read what you intend to file and believe or know it to be baseless.

It's not a baseless claim. As stated earlier, you send something you plan to file but haven't. Let that party receiving it state you served them before it was ever filed, on your own accord. See how far it gets you.

That tactic worked a decade ago and post recession.  Not so much anymore.  The threat of counter claims has lost its leverage.  If you really believe you have actual violations you should have NO trouble getting a good consumer attorney to take the case on contingency.  If your plan is to keep throwing tactics at the case hoping something sticks and they walk away you are very likely in for a rude awakening.

You sound like someone who might have lost a few cases yourself. I get advice from attorneys.

 

[Clydesmom]

34 minutes ago, alwayswinning36 said:

So why would they try to remove it to federal court?

Because it costs YOU more money and the Federal courts grant no leeway to pro-se litigants. They know you have NO knowledge of the Federal system and cannot afford to hire a lawyer to defend your case there.  They also know no reputable attorney will take over the case after you filed pro-se and it got removed to Federal Court.  They will not clean up the mess you made.

36 minutes ago, alwayswinning36 said:

It's not a baseless claim.

Based on all the ranting you have done I am comfortable with my assessment your claims are baseless but you are going to ride this dying horse to the end no matter what.

36 minutes ago, alwayswinning36 said:

You sound like someone who might have lost a few cases yourself.

You are DEAD WRONG.  I successfully sued a collection agency for violations in a Dallas County Court PRO-SE and WON. Never consulted an attorney.  When you can say that get back to me.

We are done here.

[alwayswinning36]

21 hours ago, Clydesmom said:

 

Because it costs YOU more money and the Federal courts grant no leeway to pro-se litigants. They know you have NO knowledge of the Federal system and cannot afford to hire a lawyer to defend your case there.  They also know no reputable attorney will take over the case after you filed pro-se and it got removed to Federal Court.  They will not clean up the mess you made.

Based on all the ranting you have done I am comfortable with my assessment your claims are baseless but you are going to ride this dying horse to the end no matter what.

You are DEAD WRONG.  I successfully sued a collection agency for violations in a Dallas County Court PRO-SE and WON. Never consulted an attorney.  When you can say that get back to me.

We are done 

 LVNV non-suited. So again, you're wrong and should stick to being Mom to someone named Clyde. You sued a collection agency for violations? Wow. You deserve a cookie. I do know you are one person I wouldnt consult about anything. Besides how to be salty. 

 

You like apples? Yeah? Again, apparently claims I made weren't baseless as they nonsuited and dismissed it themselves. How ya like them apples?

[alwayswinning36]

You clearly dont know a thing about arbitration. They cant remove it to federal court. Per the card agreement you so claim is iron clad. The ONLY exception to the arbitration was their excuse of small claims. If it stayed in that court. So might at least try to help someone by reading the card agreement before you go making your retard assessments. And you wanna have a pissing match? Suits ive filed i never had to even go to court besides to file the suit and then to file nonsuit after the person I was suing settled. I've gotten diminished value from a wrecked vehicle ($2200), higher value than an insurance company stated for a totaled vehicle ($2400), unpaid or unlawfully withheld wages from my pay by an employer ($4,000 ultimately when they only even owed me like $800, that's the beauty of threatening class action) all of which again I never had to step foot in a court room. So when YOU can say THAT, you didn't even have to step foot in a court room, then YOU come talk to ME. Not to mention countless things removed from my credit reports without the use or need of a lawyer or court. More compelling you make your argument, more likely you are to win. Ive also gotten cash from erros on my credit report that costed me actual damages (i.e inflated home rental deposit due to error), TCPA claims paid, etc. I once had a broken lease on my credit. The collector sent me some bs copy of a lease cropping out where the initials and signatures would be. Something seemed amiss on the copy they sent tho. I kept making copies darkening the contrast every time and eventually you could see, about 25 copies and darkening later "sample do not use" watermarked on the "lease". Your head would spin if i told you how much I received out of that little jewel there. They practically threw money at me. You have a habit of belitting people. You may think you are helping, and may not be aware of what you say or do. But thats not an excuse either.