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Flathead55
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I have until Friday to accept PRA offer on an Synchrony  account they bought .  Can I tell them I want arbitration to keep them from filing lawsuit and maybe getting an offer of a 50 percent settlement? I am already in one lawsuit with them that I filed an MTC on but haven’t heard anything or been to court yet . I was wanting to avoid the stress of another lawsuit 

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I have 1 PRA TJMAX/Synchrony collection last payment on account was in March 2019. I don't know when they bought it. haven't talked to them so far best offer I gotten in mail is 60% of balance.  Just letting you know what they offered me without reaching out for any offer.  I gotten nothing like a pre-legal letter IDK if they send those out like MCM does, what makes you feel they are going to sue?   You got a tough call considering PRA has been going through with Arbitration.   I just hoping they let my account slide 10 more months and I have a solid SOL defense. So I gather your just trying to get another 10% off in settlement? 

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I was checking status of your other thread  MTC with PRA. I post the rule I found for motions in  Kentucky.  It appears PRA has 21 days to respond.  Failure to do so may be grounds to grant motion.  Did you prepare a proposed order with MTC?  I would file an order with court that states PRA failed to respond in the 21 days in accordance with LR 7.1 you request order be granted.   What do you think? 

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2 hours ago, Bulldoger said:

I have 1 PRA TJMAX/Synchrony collection last payment on account was in March 2019. I don't know when they bought it. haven't talked to them so far best offer I gotten in mail is 60% of balance.  Just letting you know what they offered me without reaching out for any offer.  I gotten nothing like a pre-legal letter IDK if they send those out like MCM does, what makes you feel they are going to sue?   You got a tough call considering PRA has been going through with Arbitration.   I just hoping they let my account slide 10 more months and I have a solid SOL defense. So I gather your just trying to get another 10% off in settlement? 

The offer is at 75 percent right now . I never got a pre-legal letter  with first lawsuit . They bought the accounts 6 months apart so I figured lawsuit would be next step if I didn’t accept this offer. I just don’t know how to negotiate a lower settlement 

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1 hour ago, Bulldoger said:

I was checking status of your other thread  MTC with PRA. I post the rule I found for motions in  Kentucky.  It appears PRA has 21 days to respond.  Failure to do so may be grounds to grant motion.  Did you prepare a proposed order with MTC?  I would file an order with court that states PRA failed to respond in the 21 days in accordance with LR 7.1 you request order be granted.   What do you think? 

The green card from certified mail was signed for may 6 and I haven’t heard anything yet ! I did have an order with MTC 

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29 minutes ago, Flathead55 said:

The green card from certified mail was signed for may 6 and I haven’t heard anything yet ! I did have an order with MTC 

Maybe if you call clerk let them time for PRA to response is has passed and you would like to have the motion granted for failure to respond. 

They maybe able to walk it over to judge to sign,  ask what you have to do as PRA is way passed the time limit to respond. 

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35 minutes ago, Flathead55 said:

The offer is at 75 percent right now . I never got a pre-legal letter  with first lawsuit . They bought the accounts 6 months apart so I figured lawsuit would be next step if I didn’t accept this offer. I just don’t know how to negotiate a lower settlement 

There was a post earlier today where a charge off was removed then lawsuit was filed. Same happen to me. Is the charge off you are in court with PRA off your credit report and the other's still on. Just a thought that if it's gone and the others are still there they are not planning to sue just yet.  

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4 hours ago, WhoCares1000 said:

You can request arbitration but PRA might ignore that request and file in court anyways forcing you to answer and file an MTC so I would wait to see if they do file.

One doesn’t request arbitration. 
One elects arbitration and demands arbitration 

In court, one moves for arbitration.  
 

 

In all my cases, I would send a letter saying I elected arbitration for all disputes. 
In those situations in which I was sued, I always had some counter claims.  One of the claims was that they sued even though I had elected arbitration.  I claimed that as an FDCPA violation. 
 

Sone people here will tell you, correctly, that there is no case law that suing after arbitration is elected is an FDCPA violation.  True. 
 

However, there is no case law that it is NOT an FDCPA violation.  
 

Electing arbitration with a letter before getting sued gave me some leverage in negotiations after filing in JAMS.  That was a long time ago and it may or may not work. The point is to make yourself a total PITA so they want to settle to get rid or you 

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21 minutes ago, BackFromTheDebt said:

Electing arbitration with a letter before getting sued gave me some leverage in negotiations after filing in JAMS.  That was a long time ago and it may or may not work. The point is to make yourself a total PITA so they want to settle to get rid or you 

Keeping in mind that PRA is the one JDB that has started agreeing to arb and followed at least one poster that we know of all the way through to the end.  

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24 minutes ago, BackFromTheDebt said:

However, there is no case law that it is NOT an FDCPA violation.  

True, but the consumer bears the burden of proving it’s a violation.  In addition, the FAA allows for a refusal to arbitrate.  

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57 minutes ago, Clydesmom said:

Keeping in mind that PRA is the one JDB that has started agreeing to arb and followed at least one poster that we know of all the way through to the end.  

True.  

At this point we don't know what the PRA strategy is.  They are clearly NOT like the PRA of olden days, which never followed into arbitration.  But, are they like Discover or AmEx, which ALWAYS go into arbitration, and often go to the bitter end?

The point of it is to try to minimize the chances of them going into arbitration, and maximize the chances of settlement if they do go into arbitration.  

 

52 minutes ago, BV80 said:

True, but the consumer bears the burden of proving it’s a violation.  In addition, the FAA allows for a refusal to arbitrate.  

Excellent point.

The idea is to have another weapon in the quest for a settlement if they do follow into arbitration.  

I've faced down some of the companies which ALWAYS go into arbitration, and have a reputation for going to the bitter end.  What saved me was having lots of counter claims.  Against one company, I had a monster counter claim, which pretty much destroyed their credibility.  That led to a very favorable outcome.  With another company, I had quite a few things, some big and some small.  Having a questionable, but not outrageous, possible FDCPA violation was one more arrow in my quiver.  In that case, I think it was the combination of a lot of things that got them to drop the case.  I also went after their accounting with a vengeance.  I had a possible SOL defense.  I had some other possible FDCPA violations. And, I had them threatening to sue if I didn't initiate in arbitration.  

 

My point is, I try to have as many weapons against the other side as possible.  The debt collectors are more careful about violations these days, which makes things more difficult for the debtor.  But, every weapon helps.  Some help a little, some help a lot.  

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4 hours ago, BackFromTheDebt said:

However, there is no case law that it is NOT an FDCPA violation.  

Actually, there is case law.

The FDCPA is not an enforcement mechanism for matters governed elsewhere by state and federal law. But that is what Bentrud is attempting to do here; he seeks to transform the FDCPA into an enforcement mechanism for the arbitration provision in his credit card agreement.  Bentrud v. Bowman, Heintz, Boscia & Vician, P.C., 794 F.3d 871, 875 (7th Cir. 2015).

 

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31 minutes ago, BV80 said:

Actually, there is case law.

The FDCPA is not an enforcement mechanism for matters governed elsewhere by state and federal law. But that is what Bentrud is attempting to do here; he seeks to transform the FDCPA into an enforcement mechanism for the arbitration provision in his credit card agreement.  Bentrud v. Bowman, Heintz, Boscia & Vician, P.C., 794 F.3d 871, 875 (7th Cir. 2015).

 

Thanks 

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17 hours ago, Bulldoger said:

I was checking status of your other thread  MTC with PRA. I post the rule I found for motions in  Kentucky.  It appears PRA has 21 days to respond.  Failure to do so may be grounds to grant motion.  Did you prepare a proposed order with MTC?  I would file an order with court that states PRA failed to respond in the 21 days in accordance with LR 7.1 you request order be granted.   What do you think? 

Guess you have to wait this out also. 

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13 hours ago, BackFromTheDebt said:

One doesn’t request arbitration. 
One elects arbitration and demands arbitration 

In court, one moves for arbitration.  
 

 

In all my cases, I would send a letter saying I elected arbitration for all disputes. 
In those situations in which I was sued, I always had some counter claims.  One of the claims was that they sued even though I had elected arbitration.  I claimed that as an FDCPA violation. 
 

Sone people here will tell you, correctly, that there is no case law that suing after arbitration is elected is an FDCPA violation.  True. 
 

However, there is no case law that it is NOT an FDCPA violation.  
 

Electing arbitration with a letter before getting sued gave me some leverage in negotiations after filing in JAMS.  That was a long time ago and it may or may not work. The point is to make yourself a total PITA so they want to settle to get rid or you 

@BackFromTheDebt do I just send a letter electing arbitration first or after I file with JAMS and also do I put consumer dispute since no case has been filed in court yet on this one 

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10 hours ago, BackFromTheDebt said:

I wouldn’t file in JAMS right now.  Just send a letter.  See if there is a response. 

@BackFromTheDebt

Dear Portfolio Recovery Assciates, LLC 

Regarding the account referenced above 

Pursuant to the cardholder agreement, I ELECT arbitration via JAMS to resolve our disputes. 

Will this do or do I need to add anything 

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18 minutes ago, BackFromTheDebt said:

I think that’s good enough, but I don’t know what venues are in the contract.  I always left out the venue name.  The point is to make sure you want arbitration.  I have no idea how they will react or even if they will react. 

@BackFromTheDebtdo I send it CRRR this is synchrony agreement

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On 6/14/2021 at 7:31 PM, Bulldoger said:

I have 1 PRA TJMAX/Synchrony collection last payment on account was in March 2019.......  I just hoping they let my account slide 10 more months and I have a solid SOL defense. So I gather your just trying to get another 10% off in settlement? 

How? How do you have a solid SOL defense in 10 months, if the last payment was March of 2019?

 

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7 hours ago, alwayswinning36 said:

How? How do you have a solid SOL defense in 10 months, if the last payment was March of 2019?

 

If the SOL in VA is years, it is up in March or April, 2022.

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10 hours ago, alwayswinning36 said:

How? How do you have a solid SOL defense in 10 months, if the last payment was March of 2019?

 

 

49 minutes ago, alwayswinning36 said:

Everywhere I am reading says the SOL in VA on credit card debt is 5 years. I was just wondering.

Virginia Code Title 8.01. Civil Remedies and Procedure § 8.01-246. Personal actions based on contracts

4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

Since I didn't sign the CC agreement it's 3 years. 

the law was change in 2013 they added the first bolded part to make it clear if the bank, JDB, didn't

have a signed contract it's three years. CC are considered "Open Contracts"  three years. 

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