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Midland credit prelegal letters and arbitration


noluyozyah
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Hi everyone! 
I have Midland harassing me at this point about a synchrony bank credit card. They sent me 2 pre legal letters so far and honesty don’t know what to do. I read about arbitration but does it really work? The amount owed is around $14,000. How should i proceed? Should i send something about arbitration or should i wait to go to court? Also made the mistake where i did speak to them and they are manipulative, threatening, and use foul language - wrote down everything just in case i need it. 

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17 minutes ago, noluyozyah said:

 

Hi everyone! 
I have Midland harassing me at this point about a synchrony bank credit card. They sent me 2 pre legal letters so far and honesty don’t know what to do. I read about arbitration but does it really work? The amount owed is around $14,000. How should i proceed? Should i send something about arbitration or should i wait to go to court? Also made the mistake where i did speak to them and they are manipulative, threatening, and use foul language - wrote down everything just in case i need it. 

If they used such language, it was probably an FDCPA violation. 
 

What state are you in? What are the laws about recording phone calls?  
 

Arbitration often works.  For that large an amount it may or may not work.  That is why having FDCPA claims against them is good.  There have been times I have had FDCPA or similar state law claims and have been able to either get the other side to run away from arbitration or use the combination of arbitration and counter claims to get a mutual walk away. 

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Here's a link to a list of credit card agreements for Synchrony so you can read the arbitration provision:

https://www.consumerfinance.gov/credit-cards/agreements/issuer/synchrony-bank/

 

I'd also recommending reading Fisthardcheese's thread, Arbitration Overview and Strategy.  You can find this here:

 

I found this language in the Synchrony agreement for JC Penney cards:  If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.

If your agreement has this, Midland would be responsible for filing an arbitration demand.

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12 hours ago, BackFromTheDebt said:

If they used such language, it was probably an FDCPA violation. 
 

What state are you in? What are the laws about recording phone calls?  
 

Arbitration often works.  For that large an amount it may or may not work.  That is why having FDCPA claims against them is good.  There have been times I have had FDCPA or similar state law claims and have been able to either get the other side to run away from arbitration or use the combination of arbitration and counter claims to get a mutual walk away. 

State of NY. I didn’t record it but i did note down who i spoke to and what was said. They also answer the call (when i did pick up) without introducing themselves or stating where they are calling from, instead as soon as i or anyone that answers my phone picks up, they keep repeating the name and then ask why we seem frustrated? 

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11 hours ago, LaneBlane said:

Here's a link to a list of credit card agreements for Synchrony so you can read the arbitration provision:

https://www.consumerfinance.gov/credit-cards/agreements/issuer/synchrony-bank/

 

I'd also recommending reading Fisthardcheese's thread, Arbitration Overview and Strategy.  You can find this here:

 

I found this language in the Synchrony agreement for JC Penney cards:  If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.

If your agreement has this, Midland would be responsible for filing an arbitration demand.

 

It was a Gap credit card through synchrony bank. What does that mean? That i would have to pay the arbitration costs? The card was opened sometime in 2014/2015

 
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7 hours ago, noluyozyah said:

State of NY. I didn’t record it but i did note down who i spoke to and what was said. They also answer the call (when i did pick up) without introducing themselves or stating where they are calling from, instead as soon as i or anyone that answers my phone picks up, they keep repeating the name and then ask why we seem frustrated? 

In NY it is legal for you to record your own phone call. There are apps which make it easy to record a call.  It may be wise to record future calls.  
 

I don’t know if it is legal to use a call recorded without the other party’s knowledge in a court case for NY.  You need to check the laws.  Sometimes people here get around that by saying something in the beginning such as “this call may be recorded, right?”   
 

Since you have a record of the call, date and time, with whom you spoke and what they said, that is admissible evidence.  If used in court or arbitration it should be accompanied by an affidavit.  
 

The point of this is to make any potential arbitration as painful for them as possible.  Note that the SOL on FDCPA violations is one year.  Check your state laws.  For example, in my state the SOL for violations are two years, but that can be extended if used as counter claims.  
 

As for arbitration, you are only liable for up to the cost of your filing in most cases.  That is $200 or $250 depending on what type of arbitration you use.  I would recommend JAMS.  
 

At this point it would be wise to accumulate violations on their part.  

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4 hours ago, BackFromTheDebt said:

In NY it is legal for you to record your own phone call. There are apps which make it easy to record a call.  It may be wise to record future calls.  
 

I don’t know if it is legal to use a call recorded without the other party’s knowledge in a court case for NY.  You need to check the laws.  Sometimes people here get around that by saying something in the beginning such as “this call may be recorded, right?”   
 

Since you have a record of the call, date and time, with whom you spoke and what they said, that is admissible evidence.  If used in court or arbitration it should be accompanied by an affidavit.  
 

The point of this is to make any potential arbitration as painful for them as possible.  Note that the SOL on FDCPA violations is one year.  Check your state laws.  For example, in my state the SOL for violations are two years, but that can be extended if used as counter claims.  
 

As for arbitration, you are only liable for up to the cost of your filing in most cases.  That is $200 or $250 depending on what type of arbitration you use.  I would recommend JAMS.  
 

At this point it would be wise to accumulate violations on their part.  

Sorry I’m new to this, what does SOL mean? 

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2 hours ago, noluyozyah said:

Sorry I’m new to this, what does SOL mean? 

Statute of Limitations.

 

With the FDCPA, you have one year after the violation to sue them.  Not one year after it is discovered, but one year after the violation.  

That gives a bit of an edge to creditors.  They have 6 years from the date of first default to sue you, and if they violate your rights in the process, you only have one year to sue them.  So if they file suit in October 2022, you can't use the FDCPA violation as a counter claim.  

That is why state laws are important.  In my state, there is a 2-year SOL for violations, which cast a wider net than the FDCPA.  Also, if a consumer is sued, there is no limit on counterclaims for violations.  

At some point you may need to check your state laws.  If they sue you in the next few months, there is no issue.  If they haven't sued you soon, you may need to figure out your strategy.  

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