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rabnpmb

LVNV & Midland--Credit One

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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.

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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'?

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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.

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they aint going to show

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.

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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.

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You can put any reason you like, and use any agreement you like, since they are going to send you an email telling you they won't arbitrate for Midland. I would sue Midland after that for an FDCPA violation, using deceptive means to collect a debt. They knew that contract clause wasn't valid when they sued you, but did it anyway. Plaintiffs cannot profit from their own bad acts.

 

What if your account is out of statue of limitations would any of this work in your favor?

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Midland will delete if you settle with them. They told me it was their policy to do so. I had 3 accounts with them and my wife had 2, once we settled they removed them all within 2 weeks. I even have their letter that says its their policy.

 

Yeah, that's new and the CRA's won't like it

 

 

I received a similar letter once its paid it will be deleted but I am also out of SOL..

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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.

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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.

Edited by rabnpmb

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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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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?

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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?

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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

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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

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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?

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They’re stalling likely. Lawyers are quite good at running up the bill. Especially with larger clients.

 

 

Sent from my iPhone using Tapatalk

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They’re stalling likely. Lawyers are quite good at running up the bill. Especially with larger clients.

Sent from my iPhone using Tapatalk

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.

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Midland has some lawyers they just pay a flat annual fee to handle a certain number of cases. It doesn't cost them any extra to stall or play games. The bottom line is they will eventually have to pay the fees, something like 2800 to start. How that makes any financial sense is beyond me.

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