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Being sued by Jefferson Capital assignee of Synchrony Bank(Walmart)/Capital One


Bamaga
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Hello being sued by Jefferson Capital Systems,LLC  an assignee of Syncrony Bank/Capital One for a walmart card I defaulted on in 2020.

It is under $1500 Emanuel County Ga. Magistrate Court and is being handled by Roosen, Varchetti and Oliver.

I have reached for help before and this board have received some great help. I have not filed an answer.  I do not have the original Walmart Credit card user agreement so I am asking if any one knows the arbitration clause or had any luck defending themselves using arbitration against Jefferson Capital or any one else on Walmart Card.

I am sadly not in a position where i can afford to pay this. Any advice appreciated.

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52 minutes ago, Bamaga said:

Hello being sued by Jefferson Capital Systems,LLC  an assignee of Synchrony Bank/Capital One for a walmart card I defaulted on in 2020.

It is under $1500 Emanuel County Ga. Magistrate Court and is being handled by Roosen, Varchetti and Oliver.

I have reached for help before and this board have received some great help. I have not filed an answer.  I do not have the original Walmart Credit card user agreement so I am asking if any one knows the arbitration clause or had any luck defending themselves using arbitration against Jefferson Capital or any one else on Walmart Card.

I am sadly not in a position where i can afford to pay this. Any advice appreciated.

Synchrony Bank Walmart changed to Capital One Walmart  in  October 14, 2019.  I help people successfully used the  Synchrony Bank Walmart agreement provided they didn't charge after items after 10/13/2019.  Check statement if amy provided for last payment or charge was it before 10/14/2019.

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12 hours ago, Bulldoger said:

Synchrony Bank Walmart changed to Capital One Walmart  in  October 14, 2019.  I help people successfully used the  Synchrony Bank Walmart agreement provided they didn't charge after items after 10/13/2019.  Check statement if amy provided for last payment or charge was it before 10/14/2019.

Thank you for response. I am right on that cutoff line.  I see the Nov.14,2019 Statement and I charged nothing the month before and this is when I started missing payments. It does show A payment credited during the billing cycle ending October 17 2019. I am not sure exact day they received payment. I am sure there were not charges after 10/14/2019.

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5 hours ago, Bamaga said:

Thank you for response. I am right on that cutoff line.  I see the Nov.14,2019 Statement and I charged nothing the month before and this is when I started missing payments. It does show A payment credited during the billing cycle ending October 17 2019. I am not sure exact day they received payment. I am sure there were not charges after 10/14/2019.

 

Capital-one sent out statements for September-October but didn't own the debt till after the 14th, Look at the Sep-Oct statement with November Due date. If it has all )s and states Your account is Restricted and past due your golden.  

Did you activate the new Capital-one Credit Card? Did they send one?  If you didn't then your good shape to used Arbitration Clause of Synchrony Bank. If it were me I would file a MTC and any charges happen to falla after the date  Argue you never agreed to Capital one and you used the Synchrony Bank card never activated or agreed to a Capital-one card. 

 

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1 hour ago, Bulldoger said:

 

Capital-one sent out statements for September-October but didn't own the debt till after the 14th, Look at the Sep-Oct statement with November Due date. If it has all )s and states Your account is Restricted and past due your golden.  

Did you activate the new Capital-one Credit Card? Did they send one?  If you didn't then your good shape to used Arbitration Clause of Synchrony Bank. If it were me I would file a MTC and any charges happen to falla after the date  Argue you never agreed to Capital one and you used the Synchrony Bank card never activated or agreed to a Capital-one card. 

 

Here is my November statement (from activity Sept 26-Oct 17) This is actually part of paperwork they sent me when I got served. I was never able to make this payment or after so I would not have used a new card even if they sent one.

image_50350849.JPG

image_50342401.JPG

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Yes, In that statement FRom Sep 16, 2019 to Oct 13th Synchrony Bank Walmart agreement in effect. Was any payment or purchase posted after October 13th.  If not then you can surely used the Synchrony Bank Walmart agreement to File an MTC, I have the governing agreement if needed. 

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Are they represented by Scott & Associates?  I had mine and my Wife's Walmart card issued by Synchrony transferred to Cap One right at the default time Oct 2019.  Jefferson Capital bought it and Scott & Associates represented both accounts and filed suit.  I MTC arb on both using the Synchrony agreement and they folded immediately, it never got to a Judge.  

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14 hours ago, Bulldoger said:

Yes, In that statement From Sep 16, 2019 to Oct 13th Synchrony Bank Walmart agreement in effect. Was any payment or purchase posted after October 13th.  If not then you can surely used the Synchrony Bank Walmart agreement to File an MTC, I have the governing agreement if needed. 

I did not make any charges, I did not make a payment on the November 14 statement or any after that. My November 14th shows i made a payment before it printed. I do not know the day but that payment could have been after October 13th since billing cycle went thru October 17th. I am going to dig to see if i have statement that shows exact day. I usually pay the day before due so i bet it was October 15th or 16th sadly.

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I would go forward with MTC.  You can always have the argument that you paid only charges made with Sync. card you never were under the Cap_one card and/or agreement.   If anything it only extends the SOL and does not change the underlining contract.   

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1 hour ago, Bulldoger said:

I would go forward with MTC.  You can always have the argument that you paid only charges made with Sync. card you never were under the Cap_one card and/or agreement.   If anything it only extends the SOL and does not change the underlining contract.   

Usually, either agreeing to a change in the contract or else using the card for a purchase constitutes an acceptance of the contract.  You could argue that by not using the card after the transition you did not accept the change therefore the old contract applies. 
 

I once did things the opposite way — I had one card where the arbitration agreement changed for the better after default.  In that case I sent a letter, CMRRR, stating that I accepted all changes in the contract.  
 

 

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2 hours ago, Bulldoger said:

I would go forward with MTC.  You can always have the argument that you paid only charges made with Sync. card you never were under the Cap_one card and/or agreement.   If anything it only extends the SOL and does not change the underlining contract.   

Thank you for the advice and input. I greatly appreciate the time. Do you have a link to the the entire Sync user agreement?

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19 minutes ago, BackFromTheDebt said:

Usually, either agreeing to a change in the contract or else using the card for a purchase constitutes an acceptance of the contract.  You could argue that by not using the card after the transition you did not accept the change therefore the old contract applies. 
 

I once did things the opposite way — I had one card where the arbitration agreement changed for the better after default.  In that case I sent a letter, CMRRR, stating that I accepted all changes in the contract.  
 

 

Thank you very much for the input.  I will use your point about not using card because i did not accept.

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  • 2 weeks later...
On 2/20/2024 at 5:54 PM, BackFromTheDebt said:

Usually, either agreeing to a change in the contract or else using the card for a purchase constitutes an acceptance of the contract.  You could argue that by not using the card after the transition you did not accept the change therefore the old contract applies. 
 

I once did things the opposite way — I had one card where the arbitration agreement changed for the better after default.  In that case I sent a letter, CMRRR, stating that I accepted all changes in the contract.  
 

 

On answer form here does it really matter reason why? at top I could check "defendant is not indebted to plaintiff in any amount" or better to check at bottom "none of the above" and write "private contractual arbitration". It probably does not matter but thought i would ask opinion.

image_6487327.JPG

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It matters this is your answer: 

Check both as form says "check those that apply to case" not check best that applies. . That way you covered if MTC not awarded. 

Write in full argument: I was never under the capital-one contract, never signed or used the capital-one walmart card. I am electing to exercising the binding contractual arbitration clause as specified under the only underlying contract of this debt (SYNCHRONY BANK FR833282333 WALMART CREDIT CARD).  

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On 2/29/2024 at 2:12 PM, Bulldoger said:

It matters this is your answer: 

Check both as form says "check those that apply to case" not check best that applies. . That way you covered if MTC not awarded. 

Write in full argument: I was never under the capital-one contract, never signed or used the capital-one walmart card. I am electing to exercising the binding contractual arbitration clause as specified under the only underlying contract of this debt (SYNCHRONY BANK FR833282333 WALMART CREDIT CARD).  

Let me add to this:

 

In addition to denying the debt, you are invoking the affirmative defense of improper venue due to the arbitration agreement. Make sure you put that.  The rest of what was suggested is your rationale for the right to invoke the clause. 

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  • 4 weeks later...
On 2/19/2024 at 5:10 PM, Bulldoger said:

Yes, In that statement FRom Sep 16, 2019 to Oct 13th Synchrony Bank Walmart agreement in effect. Was any payment or purchase posted after October 13th.  If not then you can surely used the Synchrony Bank Walmart agreement to File an MTC, I have the governing agreement if needed. 

HI I finally found my last payment was October 8th 2019 and I believe nothing  happened after that. I was wondering if there was anything i could take with me to prove that the change happened October 13th.

I have hearing tomorrow. I pretty much will argue the fact that i did not agree to the new agreement and to my knowledge never signed, or used the card or made a payment after October 8th. I really have no more words to say verbally other than to keep repeating that and hope it works,

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Change happen October 11, 2019 so your still find. 

Print out this URL   https://www.nerdwallet.com/article/credit-cards/capital-one-walmart-credit-card-what-to-know#:~:text=On Oct.,com and Walmart app purchases. 

here is a top part of statement of mine:   There are more links on the webpage above whatever you take to use make three copies one for plaintiff and for file/judge and one for you. 

 

walmartchange.thumb.jpg.527aecc3cfc2d1d6797a0968c21d0a5e.jpg

 

 

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The other party did not show to the hearing! 

Thanks so much everybody especially Bulldoger and BackFromTheDeb. Strangers helping strangers for no reason at all. It gives me hope. My family appreciates your efforts more than you know.

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55 minutes ago, Bamaga said:

The other party did not show to the hearing! 

Thanks so much everybody especially Bulldoger and BackFromTheDeb. Strangers helping strangers for no reason at all. It gives me hope. My family appreciates your efforts more than you know.

Tell me you let the Judge dismiss the case? 

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5 minutes ago, Bulldoger said:

Statues of limitations is 6 years in GA so they can refile up to November 8 this year but JDB seldom do. Keep you MTC handy just in case they do. 

I will do. thank you!

 

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