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Toast73

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  1. Did they pull without PP? Can you prove that you, or someone you authorized, genuinely did not apply for credit? If you answered yes to both, look up their credit card agreement and FITA with a juicy arbitration notice. Think they'll want to spend $4,000 to prove you applied for credit over a telephone or cable connection? Get it removed AND possibly get compensated for the score drop and your time.
  2. Just with my HSN account alone, I am going to request in discovery every page of my account history, every mailing they supposedly sent me regarding defaults, payments, and the likes. I am going to compel them to send me delivery confirmations, phone logs and EVERYTHING they have. Still looking to see if any ECOA violations would apply. Same with the Fair Credit Billing Act. Once discovery has been completed, I then hope the arbiter spends 30 hours combing through it all. (Yes, I know that statement is wishful thinking.) As they allege a debt is owed, I want to know how they arrived at the figure they did, which will require them to submit a good amount of stuff. And when they do, I will submit my answer in 14 point font, line by line, taking up 50 pages if needed.
  3. My point of contention would be if the 2008 version of the Capital One Card Holder Agreement had a survivability clause in there, and whether or not that survivability would supercede the removal of the survivability clause in 2009 when Capital One removed arbitration and survivability from the CHA. I'm reading up on the ECOA laws now.
  4. When did you open the Capital One account? As I just found out, Capital One stripped arbitration from their cardholder agreements in 2009. If you opened the account prior to 2009, you could have possibly leveraged the Survivability clause in that contract to enforce arbitration regardless if they stripped it out.
  5. I have a question for anyone that has knowledge. Can I arbitrate with a company who has no arbitration clause? Looks like Capital One took arbitration out of their own cardholder agreements, and those they back (Kohl's, in my case).
  6. Pay in full. Like, yesterday. They are forgiving once paid and some time has passed. I'm actually surprised they haven't mentioned the Optima program with you. If DOFD is 2013 as suggested, and SOL in Pritzkerville is 5 years, you cannot be garnished because you cannot be sued. You cannot receive a judgment because you cannot be sued. Yeah, the CA or JDB can make your life hell for two years, but beyond that, just wait it out. Chargeoffs hurt less over time. You WILL have to eventually pay Chase back to get in again, I'm pretty sure. This is new, clearly. Pay it off to lower overall utilization and let the sting wear off in time.
  7. Those who elect arbitration have enough evidence to establish a prima facie (on first impression) case that could survive reasonable doubt and win in court. Arbitration shouldn't be used to draw assumptions or to shoot rubber bands in hopes of hitting something. That could get expensive. The goal of arbitration, unless you believe monetary damage has been done to you, is to make creditors go away. Never to sell your charged off account or mention your name in passing again. If you personally have 10 pages or 1 million pages of evidence to prove discriminatory actions have been taken against you, by all means write a Notice of Intent. If the company feels you have a strong enough case, who knows what they may shove in your coffers to make you piss off. Once you file, in the discovery process, an arbiter could force the company in question to fork over an additional 1 million pages. Document-only cases are limited to 100 pages and 7 hours before it starts getting very, very expensive. You can request a room full of arbiters. You will probably only get one unless the merits of your cases demand additional hands, eyes and ears.
  8. Correct. As each account has an individual agreement, you pay one filing fee per arbitration. The bank cannot join multiple arbitration hearings, so they must pay each case separately. In my case, they could pay $12k to fight about $7,600. Some banks will pay your arbitration filing in full; I think I can ask Comenity and Verizon Wireless to pay mine. Some will make the arbiter decided if its prudent. You can ask for a waiver of filing fee, although I am unsure how that works (still studying). Cases with under 100 pages of evidence are document only. Sure, you can force the arbiter to work their tail off, but the document-only filings are flat-fee based ($1,400 per case, $1,500 per arbiter unless case hours start climbing). You can request a hearing, but as far as whether you get it or not will depend on your circumstances and, ultimately, the arbiter's decision. Anything over 7 hours and 100 documents, the pay is $300 per hour.
  9. Thank you for your assistance. I did not want to come across too "wordy", but I wasn't sure if I needed to list all grievances I had. Now that I have found Experian's arbitration rules and procedures, I believe I may also send their General Counsel notice as well.
  10. Comenity requires a "notice of claim" be sent prior to arbitration, with a 30 day window to settle. Notice has to state the claim and relief sought. Here is what I have prepared. Is this correct format, or no? -------------------------- RE: Notice of Intent to Arbitrate / Settlement Offer HSN Account #578097XXXXXXXXXX This letter serves as formal notice of my intention to seek arbitration per the terms of my Comenity Bank/HSN account. This notice satisfies Section B., Notice and Cure, of the credit card agreement offered by Comenity Bank/HSN, which is enforceable by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”). I. Nature of Claim A. I have disputed, on several occasions, the amount of debt purportedly owed to Comenity Bank/HSN with all credit bureaus. As the amount owed, $5,141, is nearly five (5) times the credit line initially established by Comenity Bank/HSN of $1,050, there are clear and obvious errors that, despite my numerous requests that Comenity Bank/HSN cure their errors, continually get reported to my consumer reports as “verified” and “dispute resolved – consumer disagrees”. B. By virtue of the amount owed, Comenity Bank knowingly and willingly attempted to cause financial harm to me. More specifically, allowing my credit line to exceed nearly five (5) times the initial limit without showing cause as to why. C. Comenity Bank refuses to make contact with me due to a misguided assumption that I am represented by counsel. I do not have any active grievances with Comenity Bank that require the assistance of counsel. Absent this assumption, disputes could have potentially been cured prior to this dispute being escalated to arbitration. D. I am challenging the validity and fairness of one provision of Section E., Other Important Information, specifically, “Your rights under this Agreement can’t be transferred by you, by operation of law or otherwise, but your obligations will be binding upon your estate or personal representatives. We may transfer or assign your Account and/or this Agreement, or any of our rights under this Agreement, to another person or entity at any time without prior notice to you or your consent.”, as this suggests the estate that was established prior to entering a business relationship with Comenity Bank/HSN would be responsible for defaults, yet my estate cannot benefit from the ability to arbitrate on my behalf should I decease. E. Account Assure, which I was enrolled in according to a representative I spoke with in February 2017, should have cancelled this debt as my involuntary unemployment was a covered event under the program. I met the conditions required to qualify for debt cancellation under Account Assure, including sending proper notice. II. Relief Demanded I will seek the removal of this account from my credit files, more specifically my Equifax, Experian and Transunion consumer reports. I will seek full extinguishment of this debt, meaning it cannot be sold or assigned to any party for further collection. I will seek $4,500 in compensation, representative of the damage done to my credit report over the last three years where a 489% utilization has caused numerous denials of credit and damage to credit score where such utilization was cited. If the claim is not reasonably resolved within thirty (30) calendar days, I will also seek the reimbursement of AAA’s filing fee of $200 and payment in the amount of $30 per hour that I spend defending my claim via telephone, mail, email or any other means required. It is inconvenient for you to contact me any time by phone. Please direct all correspondence to me via first-class certified mail. Best Regards, Me
  11. I have spent hours reading through old posts on here regarding arbitration. Looks like with Comenity (HSN), I don't even bear the costs of filing (unless I am reading wrong): "8. Location and Costs of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to." According to what I am seeing on AAA website, $200. All arbs are "document only" unless the amount exceeds $25k unless either party or the arbiter requests otherwise. Telephonic hearings (what I would request) are $1900 + $2,500 (per arbiter) per day. It looks like arbitration would costs Comenity (or any bank, really) $3200 at minimum. Wonder if I should arbitrate a $411 debt with The Bank of Missouri/Total Visa?
  12. Thank you for this, @legaleagle2012 - is there a form, forum link or something so I can learn how to do this properly?
  13. I just did with Experian. As I am in "Special Handling", I have a direct fax to an actual American who is assigned to my file. I hope it gets deleted. Transunion, when my dispute completes, I will MOV by CMRRR. With everything iced, EQ has also removed all IIB accounts to date. Now, I start fighting the chargeoffs. PIF is really not an option, well, I suppose for utilization purposes I could.
  14. That's why I started my post with "I wonder". On another note, I am kinda salty that my EQ tanked 43 points when my BK and 1 chargeoff got removed.
  15. EQ I did online. Deleted BK and 1 chargeoff. Score tanked 43 points. EX I disputed via mail, via experian.com/upload and via fax. Won't budge despite everything being iced. TU I disputed online. Haven't decided what they are doing yet (have until 11/3). Whether doing it CMRRR or online, if they are going to find a way to verify via PACER or LN, they're going to do it.

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