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Everything posted by rabnpmb

  1. Looks like they are going for arb. Got an email with preliminary hearing via phone set for next Friday. Crap!
  2. I don't know. I've heard nothing from administrator or anyone else. My guess (& just only a guess) is that no $$ has been paid by Midland so administrator is 'waiting'. I say that only because last week when administrator emailed everyone that they denied Midlands request to close without a formal hearing, he sent out the other email about 5 minutes later regarding schedule. There wouldn't be enough time between those 2 emails for Midland to send in the fee. Again, just a guess. I 'hope' Midland refuses to pay the AAA fee and closes this, so I can turn around and sue in Federal court
  3. Update: Midland atty put himself on schedule for preliminary call. Still don't know if anything has been paid as arb administrator hasn't emailed with a confirmation on preliminary call. Can arb set up schedule without feed paid, or arb merely getting things organized for possible call? No one from Midland put themselves on schedule. Stay tuned. Hope they are trying to bluff/scare me
  4. I'm filing arbitration with JAMS against LVNV. Hope they just cave.
  5. Got 2 emails today from Arb Admin. Defendant (Midland) was over-ruled to have this dismissed, and then the other email was to schedule preliminary phone call with the initial Arb judge (they also objected to him). Anyway, on the schedule, I put down my availability on the weeks the Admin sent us. Everyone can see the calendar so the Arb judge, Midland, and atty can see my availability, and I will be able to see Midland/atty once (IF??) they put their availability in. Arb Admin says to have scheduling done by Apr 24. Initial phone call will be used to set up the actual meeting in the city I designated in my complaint. I don't believe they have paid fees, but my guess is that Admin is pressing them to get it paid and scheduled by Apr 24. To be continued.....
  6. I hope they don't Not sure what is next but I'll update as soon as I know.
  7. Not received anything since I sent my answer to their dismissal. I'll update when they do.
  8. Thanks. That is what I thought. I think it is like a 'scare' for me to drop it
  9. 1. Midland denies any liability towards Petitioner, including, but not limited to, the allegations contained within Petitioner’s demand for arbitration. 2. Midland timely replied to Petitioner’s alleged consumer validation requests by mailing the Insufficient Dispute Information, as well as the relevant media, which demonstrated Petitioner’s use of the subject credit card. 3. In response to Petitioner’s validation request, Midland mailed the validation documents to the address which Petitioner utilized within his request. 4. Petitioner maintained the subject account with the original creditor and never lodged any dispute regarding the subject credit card prior to receiving notices from Midland or its agents concerning the account.
  10. Need advice. I did answer & said I request full hearing with arbitration judge & that AAA Admin NOT dismiss without that hearing. Thoughts? Did I goof up?
  11. Also, how would I respond? Deny their answer and push forward? Would it be 'at petitioners cost' (me)?
  12. Just got this from Midland. This is just the bottom part. What does it mean?: WHEREFORE, Defendant Midland Funding, LLC, having fully answered Petitioner’s demand for arbitration, respectfully prays that this Arbitration dismiss with prejudice Petitioner’s 4842-4583-3058, v. 1 claims at Petitioner’s costs; and for such other and further relief as this Arbitration may deem just and proper in the premises.
  13. LegalEagle, I thought about sending this to the LVNV atty. Thoughts? Or, just file? Dear Mr. Darth Vader, I am in receipt of your letter dated March 29, 2018 for a debt collection in the amount of $2526.18. As per the CreditOne agreement, which you provided with your letter, I am entitled, and will file, for arbitration to resolve this matter. As you are aware, LVNV must abide by any and all agreements within the above mentioned CreditOne agreement, which includes my option of arbitration. Per the policy of both AAA and JAMS, once I file for arbitration, I will send you a copy (certified mail/return receipt) for your records. I will also ask AAA or JAMS (my choice) to require LVNV to pay my initial filing fee. As I prepare for arbitration, please note that any communications to me from your organization or client (LVNV) may be used in the arbitration process. Other than the arbitration copy that you will receive from me within the next 5-10 days, I will not contact you unless directed by AAA/JAMS or the assigned arbitration judge.
  14. Thanks. Going out in the mail tomorrow. BTW, Midland has until end of day to file their objection regarding the assigned Arb judge. What happens if they don't?
  15. LegalEagle, do you recommend filing JAMS arb against LVNV even though I have an AAA arb against Midland right now (although I do believe Midland is stalling)?
  16. Haven't heard anything back from Midland/atty or AAA. The last thing from AAA was this regarding Midlands' objection to the assigned arbitrator: Comments are to be received by the American Arbitration Association (AAA) on or before April 11, 2018. Attys say Midland opposes the assigned arbitrator; do they have to give a reason on or before Apr 11? If they don't give a reason, what will AAA 'probably' do? As far as I know, they haven't paid anything yet, either. Thoughts?
  17. LE, would it be advisable to go ahead and file JAMS against LVNV even though I'm in the middle of Midland arb w/ AAA? BTW, I heard nothing from either Midland/atty or AAA.
  18. You think they will drop this, or just stall and AAA finally gives up due to lack of payment?
  19. That may be good for those attys, but you'd think Midland would tell them to settle this arb case quickly, esp at such a low $$ amount they are after. I would bet Midland has paid the attys double of what I owe them.
  20. Correct me if I am wrong, but Midland can't object or file any objection without paying their fees? So, if they haven't paid yet, then they can't object to having this assigned arbitrator? Someone enlighten me?
  21. Here is what I said: I do not have any objections to using the assigned Arbitrator, the Honorable Gary XXXXX. Unless the Respondent has a conflict of interest with the Honorable Gary XXXXX, I would prefer to move forward with this case. They replied: Midland Funding does object to using the assigned Arbitrator, Judge Oxenhandler. A pleading has been filed with AAA to that effect. These lawyers are gonna suck Midland dry worse than what I owed them...go figure
  22. WTH is wrong with these people? Just got this email: OBJECTION TO APPOINTMENT OF ARBITRATOR COMES NOW MIDLAND FUNDING, LLC and objects to the appointment of the Arbitrator, Honorable Gary
  23. BTW, how long does Midland have to pay the fees before AAA 'closes' this? Do they have like 10 days, or 60 days? Think they will drag it on until the very last day?
  24. I mean, even if they 'won' the arbitration, wouldn't they be in the negative on any earnings? It is $850 that I 'supposedly' owe Midland, but AAA is $1500/day, plus my $200 filing fee, and NOW atty fees?
  25. I hope LegalEagle chimes in as I'd love to know what he thinks about this development. Maybe they are 'scaring' me to drop arbitration?

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