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legaleagle2012

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  1. Yes you can. That's one of the good things about arb. FILE before they sue. Altho with Midland, you won't have to worry about any arb taking place. They will refuse as usual; they will be starting out about 4,000 in the red if they arbitrate. Would you do that? After they refuse, you can make lots of trouble for them.
  2. Midland folds like a cheap umbrella when faced with arbitration, and they pay out like a broken slot machine.
  3. You can get anything you want done by filing for arbitration with Midland. C1 did the EXACT same thing with me ..... ran a zero balance up to $800 in a few months with fees, penalties for not paying the fees, and interest on everything. They then sold it to Midland, who I made very sorry they bought my account. Cost them north of four figures to get rid of me. You MUST file for arb BEFORE they sue. The contract forbids arb in small claims. And yes, the agreement states you must close the account in writing. You can use the angle that their fees violate the TILA statute. Doesn't matter what you use, tho, they won't arbitrate. Initial fees for them are 5K and non-recoverable.
  4. don't these merchants agree to abide by certain terms with the banks and credit card companies they do business with that clearly outline the dispute resolution process? You won't be able to use this argument if this ever gets to court because you are not a party to the agreement between the bank and the merchant. As others have said, it is unlikely they could prevail if they sued.
  5. Personally, I would avoid Chase, Cap One, Target, and any other card that does not have an arbitration clause. God forbid something bad happens and you can't pay these criminals; you lose the biggest wrench in the tool box, especially if an account gets sold to a junk debt buyer, none of whom will arbitrate unless the amount is at least mid five figures. What do you care whose name is on the card? The terms are pretty much the same one to the other; use the card, pay us. It's like dealing with Big Paulie in Goodfellas. Bad week? We don't care. Pay us. RIP Paul Sorvino.
  6. Oh, you can bet they have a long list of fees, etc that will eat up any money left over. Who is the creditor? Does the contract have private arbitration? OP needs some leverage.
  7. Making a settlement deal with the creditor that includes removal of the tradeline would be nice. Unlikely, but nice.
  8. If they own the debt they own the agreement enforcing it. They also own the arbitration clause. They cannot pick and choose what parts of the governing agreement they want to follow. They are either incompetent or ignorant, or both. Time to give them one of those hundred mile an hour brushback pitches.
  9. They appear to have been taken over by some company called Westlake, but the agreement is what it is. This is from 2017, check to see if it still applies. I would use it; maybe paying 5-6K in startup fees will change their mind. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW LEGAL CLAIMS YOU BRING AGAINST BLISPAY INC. OR FIRST ELECTRONIC BANK OR THAT BLISPAY INC. OR FIRST ELECTRONIC BANK BRING AGAINST YOU ARE RESOLVED. If you have a dispute regarding your Blispay Visa Card, we encourage you to first contact Blispay at arbitration@blispay.com or 877-907-7475 to try resolving your problem directly with Blispay
  10. Well, he didn't say one way or the other. Could be the standard lien that stays in place until the loan is paid off. He didn't tell us if it was paid off either, so it's SWAG time until he comes back and gives up the info. Considering he posted in May, I doubt he will.
  11. That works; that way you avoid the judge in the flannel shirt that stares at you with his one good eye and says, "Ayup, Cutie; you are in trouble now. Pet my dog, and cousin Buford will take you to the Clerk's office." LOL I live in good old New England, I know about these things. I've been to Maine, and went to Vermont regularly for about fifteen years. Don't go there.
  12. Yes, the 7 years is the same. However, if this is a five year old debt in a state with a 6 year SOL, they can still sue you. I'd be more concerned with that.
  13. Read section 611 of the FCRA. You find your DOF from your records, not theirs. Since you don't even know what it is, you can't claim that as a reason for removal. Even if DOFD was wrong, all they are obligated to do under the statute is correct it. MONEY is the best route to removal, especially if the SOL has passed. They can't successfully sue; and in a lot of states suing on a time barred account is an FDCPA violation. Cash they can't get otherwise is an incentive to delete. Don't file a baseless arbitration claim, that can backfire on you. They can tax you for the cost of the arb fees.
  14. There had to be a court case associated with these liens, look it up. If it's this old it prob won't be on line; you may have to go to the courthouse and research it. Then when you find the case, file a motion with the court to have it removed for whatever reason yourcourt rules allow. If the motion is granted, take a copy of the judge's order to the town hall where the lien is filed and give it to the clerk.
  15. You need to firmly establish the DOFD. Nothing worse than poking the bear only to find out your SOL expires next month. It sounds like they have expired, but make sure. A CA typo can ruin your day. Also be aware that arbitration forums are not obligated to apply the state's SOL. It is not court. Removal isn't as easy as people think; you have to have a valid reason that fits the FCRA; "You're hurting my score" ain't it.
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