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LVNV & Midland--Credit One


rabnpmb
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yikes, this got ugly.

 

I was suggested that I seek arbitration with my collection with midland too, but I thought the advice was half-baked and theoretical. No advice to offer here but keep everyone posted. good luck

Thanks. Maybe I'll send them a $500 check and tell them to go away.

 

Maybe LegalEagle can chime in here.

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Me too. I'm at a loss right now. I'm still hoping that fees weren't paid, yet AAA went and scheduled preliminary hearing anyway in hopes of getting paid (fat chance, right??)

Can’t you ask if they were paid?

 

 

Sent from my iPhone using Tapatalk

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Me too. I'm at a loss right now. I'm still hoping that fees weren't paid, yet AAA went and scheduled preliminary hearing anyway in hopes of getting paid (fat chance, right??)

Can’t you ask if they were paid?

 

 

Sent from my iPhone using Tapatalk

 

I did email the administrator last night after his email with the preliminary hearing time and phone number to ask if there were any fees or costs 'I' needed to provide prior to next Friday...I did that to see if I could get a response back saying if everything was taken care of or not. Haven't heard anything back yet. Sigh!

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Your fees are capped at $200 period. It's right in the consumer rules. You need to find out if Midland paid their fees or not. Sometimes they'll send in a couple hundred just to bluff. I have never heard of them conducting a full scale arbitration over a small debt. It makes no financial sense to lose 40-50K chasing a few hundred.

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Here is what I am worried about, especially B) and c) of the card agreement:

 

Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, except that (a) the arbitrator shall apply any applicable law in determining whether a party should recover any or all expenses from another party, (B) the arbitrator shall require you to pay us collection costs and attorneys’ fees, including our in-house attorneys’ costs, that we incur as a result of your default, as set forth in the Card Agreement and © the arbitrator may assess attorneys’ fees and costs against a
party upon a showing by the other party that the first party’s claim(s) or conduct was frivolous or pursued in bad faith or solely for purpose of multiplying the arbitration
proceedings unreasonably or vexatiously.

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When arbitration is chosen both parties agree to the terms of the arb forum. AAA caps you at $200. I have never heard of anyone being dinged for any more than that.

Thanks, LE. I just hope I'm not the first to be dinged. I really was hoping they would go away during the initial filing. Gonna be an interesting call on Friday, that's for sure.

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The fact your on a public forum and that Midland lurks here

 

probably. does . not. help.

 

Yeah, they lurk

 

and sometimes they fold up and it all fades away

 

other times they don't .

 

I would guess filing Arb as a credit repair strategy is something Midland doesn't want to start Trending

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The fact your on a public forum and that Midland lurks here

 

probably. does . not. help.

 

Yeah, they lurk

 

and sometimes they fold up and it all fades away

 

other times they don't .

 

I would guess filing Arb as a credit repair strategy is something Midland doesn't want to start Trending

Crap!

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  • 1 year later...
  • 2 years later...

Because I ran into this and was interested as well, for any passers-by, I wanted to link to the post where the OP noted:

 

Quote

Well, following the long, drawn-out Midland/Cred1 AAA arbitration (I 'won' as it was dropped by Midland prior to in-person hearing)

 

No reason to really update/bump this beyond this conclusion but I wanted to add it in case others find it via search as did I...

 

Cheers.

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