Re: [creditwrench newsletter] Re: [CREDITWRENCH TV] Capital One law su its

[barne...@juno.com]

Thank you for your quick response in regard to my credit card closure.

My last question for my issue is that, If I have a copy of my agreement with my credit union/credit card agreement, how will I have a case against a debt collector if this case is sent to arbitration?

Byron

____________________________________________________________
Criminal Lawyers - Click here.
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[Creditwrench]

Arbitration is extremely difficult to combat. The only way you can do
it is send the attorney a demand for validation of the debt upon first
notice that they want to arbitrate. Of course, they will probably
ignore that and then as soon as they move forward to arbitration sue
the lawyer in federal court for illegal continued collection activity.
If you don't get that demand for validation out within the first 30
days after the attorney's first contact with you then you won't have a
cause of action and the arbitration will go forward, be granted and
then sent to your local court to have it reduced to a judgment.

On Jun 22, 2:00 am, "barneyla...@juno.com" <barneyla...@juno.com>
wrote:

> Criminal Lawyers - Click here.http://thirdpartyoffers.juno.com/TGL2141/fc/BLSrjpTOVoJoG7csX8LfLn0vQ...

[Byron Penoyer]

last question.....what documents should I accept for validation of the debt?

[Creditwrench]

On Jun 22, 10:33 pm, Byron Penoyer <barneyla...@gmail.com> wrote:
> last question.....what documents should I accept for validation of the debt?
>

> On Mon, Jun 22, 2009 at 4:53 PM, Creditwrench <creditwre...@gmail.com>wrote:
>
>
>
> > Arbitration is extremely difficult to combat. The only way you can do
> > it is send the attorney a demand for validation of the debt upon first
> > notice that they want to arbitrate. Of course, they will probably
> > ignore that and then as soon as they move forward to arbitration sue
> > the lawyer in federal court for illegal continued collection activity.
> > If you don't get that demand for validation out within the first 30
> > days after the attorney's first contact with you then you won't have a
> > cause of action and the arbitration will go forward, be granted and
> > then sent to your local court to have it reduced to a judgment.
>
> > On Jun 22, 2:00 am, "barneyla...@juno.com" <barneyla...@juno.com>
> > wrote:
> > > Thank you for your quick response in regard to my credit card closure.
>
> > > My last question for my issue is that, If I have a copy of my agreement
> > with my credit union/credit card agreement, how will I have a case against a
> > debt collector if this case is sent to arbitration?
>
> > > Byron

Your agreement is with the credit card company who is the original
creditor and therefore will not give you a cause of action against the
original creditor since FDCOA states that original creditors are not
liable under FDCPA. They might be liable under your state law however.
Another problem might arise if you attempt to use the credit card
agreement as your cause of action and that is whether or not the debt
collector bought the debt and if so did the terms and conditions of
the card agreement transfer to the purchaser at the time of the sale.
It would require a judicial decision to determine that matter.
Attempting to use the card agreement as giving a cause of action would
be a slippery slope at best.