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rabnpmb

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Everything posted by rabnpmb

  1. Here is Midlands' atty website. YIKES?? http://www.frankelrubin.com/creditors-collection-litigation/
  2. but you don't understand. they can choose not to pursue arbitration, but still leave the account on your CRs. they are not going to remove it unless you win and/or you negotiate to have the account removed. Gotcha! Stuff like this really helps me out. I appreciate it
  3. From AAA administrator: We have just received a notice of appearance for Midland Funding. As they are now represented by an attorney, we assume they will be participating in the arbitration. We will send you the attorney information shortly for your record. So, sounds like Midland is going through arb for $850, while AAA is charging them $1500/day, plus my $200 filing fee, AND now atty fees? Does this sound right? Getting nervous here. EDIT: New email from AAA to that Midland atty. Apparently fees haven't been paid (yet): Ms. Battas, This will confirm we have received your notice of appearance for Mr. Mayer Klein. He has been added to the case as counsel for Midland Funding. At this point in the case we are in the confirmation period for the arbitrator. Once he is confirmed, we will begin scheduling the preliminary hearing conference call. However there is outstanding fees still owed by Midland Funding that must be paid prior to the preliminary hearing. Please let AAA know if you require an invoice statement in order to facilitate prompt payment of the outstanding fees.
  4. Just got this today. Anyone knows what it means? ENTRY OF APPEARANCE AND REQUEST FOR EXTENSION COME NOW Frankel, Rubin, Klein, Dubin, Siegel & Payne, P.C., and Mayer S. Klein, and enter their appearance as counsel on behalf of Defendant, Midland Funding, LLC. Defendant requests an extension of (7) seven days to file its responsive pleading. Respectfully submitted, FRANKEL, RUBIN, KLEIN, DUBIN, SIEGEL & PAYNE, P.C.
  5. Good luck. These guys are bottom-feeders as far as I'm concerned
  6. I'll keep this thread up-to-date. See my other thread regarding my Midland arb, which is in-progress although I bet they don't do anything
  7. Still learning so excuse my ignorance. So, if I file via JAMS (or AAA), this will 'force' LVNV to arbitrate this (or not, their choice) but if they don't and ends up in court, I can mention to the judge that under the rights of the agreement, I wanted to pursue this through arbitration and they elected not to. Won't the judge look down on LVNV on this since I did try to resolve this via the arbitration route? Again, excuse my ignorance. I think LegalEagle has mentioned something like this but maybe I'm reading it wrong? I'm saying they can choose not to pursue collection any longer rather than go into arbitration. That is the route I wouldn't mind them going...to remove it from all my CRs. I'm not interested in a long 'fight' in Federal court to win some $$ although if that is what I need to do, then I will.
  8. It is not true. There is absolutely NO case law out there supporting that them filing a lawsuit after you send a letter electing arbitration is a violation of the FDCPA or illegal in any state. Try 1692 E, taking a legally prohibited action. The contract clearly states that once arb is elected, court is off the table. "The quoted language conveys to the consumer that Great Lakes was authorized to make the decision to institute the legal action that could lead to the supplementary proceedings described... In fact, CRSI retained the authority to decide whether legal proceedings of any kind would be instituted, and the likelihood of such proceedings on a claim for $483.43 was almost nonexistent." The Court, Bentley v. Great Lakes Collection Bureau, Court of Appeals, 2nd Circuit 1993.This applies to arbitration as well. Cashed a nice check on that one. LE, so you have actually filed for arbitration, and they either didn't arbitrate and/or violated some other legal standing? I'm not that brave to take something like that on as I would have to more than likely pony up the $$$ for a consumer lawyer but if LVNV (and Midland in my current arb case) elect to 'wipe' these collections from my CRs and to never sell and/or report them again, then I would be happy.
  9. Still learning so excuse my ignorance. So, if I file via JAMS (or AAA), this will 'force' LVNV to arbitrate this (or not, their choice) but if they don't and ends up in court, I can mention to the judge that under the rights of the agreement, I wanted to pursue this through arbitration and they elected not to. Won't the judge look down on LVNV on this since I did try to resolve this via the arbitration route? Again, excuse my ignorance. I think LegalEagle has mentioned something like this but maybe I'm reading it wrong?
  10. It is not true. There is absolutely NO case law out there supporting that them filing a lawsuit after you send a letter electing arbitration is a violation of the FDCPA or illegal in any state. And THAT is why I am doing some research on this. Not sure if things are fact or not. Thanks for the heads-up
  11. Good, because arb would cost LVNV more than they could hope to recover. Do you think LVNV/atty would mail me asking to drop arb if they delete TL & not sell the debt? I'm not looking to gain any $$, just want them to disappear.
  12. Also, I read that if I send a letter to them with my intent on filing for arbitration, that they then can't file a lawsuit against me. Not sure if that is true or not, but will be getting my ducks in a row to get filing out by end of the week. Once I get LVNV off my back, then it is just a waiting game for my charge-offs to drop off my CRs (2-3 year timeframe).
  13. I don't think Midland, on my current arb case, will do anything, just as most of the board members here thought. So, my guess is LVNV won't either, and I hear that JAMS is more expensive for the 'creditors' to arbitrate with. Still learning, though.
  14. I knew it would come sooner or later, but the atty representing LVNV/Credit1 sent me a letter, AND user agreement. It is for $2526. In the user agreement, it does list AAA or JAMS for arb. Since I'm in the middle of AAA arb with Midland, I may send these goofballs a letter on my intent to go the arb route, with either AAA or JAMS, AND will insist they pay for my filing fee (I did that with AAA, and AAA told Midland that they are responsible for my filing fee). Thoughts out there?
  15. Hope this goes easy with Midland. I'll take any lessons learned and apply them to LVNV next. They are at about $2600 or so.
  16. It's just 'funny' that AAA is moving forward with assigning an arbitrator, etc if they haven't received any fees. Like LegalEagle has mentioned, if they don't arb, I WILL get a lawyer and file Fed suit, and to have them pay my atty fees along with any monetary awards.
  17. This is gonna be interesting, for sure, if Midland participates. I'm not sure the total fees they have to pay, including my $200, but they sure won't make any 'profit' from my $800+ debt.
  18. LE, any advice on what AAA sent me, and does it seem like Midland is planning on participating or is AAA just moving ahead regardless if Midland does 'show up'?
  19. Anyone? Would AAA still try to move forward (assigning arbitrator, etc) even if Midland has yet to reply? From AAA's email to me on Marc 27, the still haven't received any correspondence from Midland, and today was the due date. I'd take them to Federal court if I have to, but funds to get a lawyer for that isn't something i can do at this poimt.
  20. Got an email from AAA today, and I don't know what this means. Looks like a 'Judge' has been assigned but that may be part of the process. Does this mean Midland has paid for all fees and this is going through (my debt with Midland is $800): Dear Parties: Per the applicable Consumer Arbitration Rules, the American Arbitration Association (AAA) has made an administrative appointment of Hon. Gary Oxenhandler to serve as arbitrator. Enclosed please find the Notice of Appointment, which includes the Arbitrator's Oath and Disclosure Guidelines, the Notice of Compensation Arrangements for consumer cases as well as the arbitrator' resume. Please advise the AAA of any factual objections to the appointment of the arbitrator within five (5) business days of the date of this letter. Copies of the objection are to be provided to all parties. However, the arbitrator shall not be copied on any correspondence regarding objections to their service. If any objections are received, the other party will be given an opp ortunity to respond before the AAA makes a determination, in accordance with the Rules, regarding the arbitrator' s continued service. As requested by the arbitrator, and specified in the Consumer Arbitration Rules, the parties and their representatives must provide information to the AAA of any circumstances likely to raise justifiable doubt as to whether the arbitrator can remain impartial or independent. Further, such obligation to provide disclosure information remains in effect throughout the arbitration. Once the arbitrator's appointment is confirmed, the AAA will coordinate the scheduling of the preliminary hearing conference call. Please contact me with any questions or concerns.
  21. I emailed the AAA contact person regarding what happens if the other party (Midland) doesn't respond and what my other choices are, and I received this: We have not received any correspondence from Respondent on this case. That is not unusual at this stage of the arbitration. We can move forward with the case even if respondent does not participate. However there are fees involved as we progress through the process that may place the case on hold until the fees are paid. We are in the process of administratively appointing an arbitrator. Once we receive their completed documentation we will send them to the parties for review. AAA really seems to be quite nice and helpful for me. I am hoping Midland does something to screw things up. I just want that collection activity removed. Will continue to watch this closely.
  22. OK. I always appreciate your advice so will sit still. At least they can't sue me without looking like an salamander and getting slapped.
  23. Just throwing this out there: is it 'wise' to email the other party (the Midland contact person was included in the initial email from AAA) and let him know that you will drop arb and potential litigation if they remove collection efforts, and no IRS form? Not saying that I would do that, but just thinking of options. Of course, if that isn't wise, then that will be a big NOPE from me and will wait.
  24. Thanks. I'll do some research on it, but hope that Midland just folds and goes away without me having to do anything. Thanks
  25. But won't a consumer atty usually want some big upfront fee? Would be nice, though, and I guess I would have to go that route if needed. I just want it off my CRs

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