So here is an update. I called the attorney in state. He said he is not able to negotiate, and gives me the number for the collection center. So I call-and I'm pretty sure that the collector was brand new--very unlike any collector I've spoken to before in that this person was hesitant, almost like they were being fed responses. Really odd. Anyway, the upshot of this is that they said I owe almost $1k more than listed on the application for award judgement due to interest. I asked what the interest rate was and she said she was not allowed to reveal that. SO--I was only offered $200 less than what the Judgement is asking for. She also said it was all up to the lawyer in NM. So I called the lawyer again and was not put through to him. So really got nowhere today--just played the circle jerk. I think I'll try for another "collector" tomorrow. I'm hoping this is step one in negotiation--and they will comeback with another offer. I think I will also try to figure out how to respond/ answer the court papers as, at this point it looks as if I will be going to court.
So, if they can't tell you the interest rate, tell them you'll see them in court, and that the calculation of the balance will be part of your discovery.
Keep in mind that they might not be above screwing around wasting time with you "negotiating" when they are really timing you out for a default judgment.
Yes --good point Bob. I still have 15 days to answer-- and I do plan to answer since settlement doesn't seem to be happening. I'm compiling my answer from this and other web sites. Would it be appropriate to post my answer here for review and critique? There is an interesting case that has occured recently and I wonder if they would be appropriate to site in my Affirmative Defenses? Ross vs. Bank of America decided April 2008 and is specific to arbitration --http://online.wsj.com/public/resources/documents/ross.pdf?mod=WSJBlog (I should ask if I site statute when making my affirmative statements? Do I?) I understand that the US Supreme Court just last week heard arguments on Mandatory arbitration--anyone following that?
Here is one story I found about the late May 2008 Supreme Court decision--although it doesn't address credit card companies, it does address mandatory arbitration. Sounds like the US Supreme court has handed it back to the states to decide if they will allow mandatory arbitration. Justices turn down T-Mobile appeal over contracts By CHRISTOPHER S. RUGABER â?? May 27, 2008 WASHINGTON (AP) â?? The Supreme Court handed a defeat to T-Mobile USA Inc. Tuesday, rejecting the company's appeal in three cases involving the legal remedies available in millions of cell phone contracts. The issue in the three cases is the same: whether state laws that limit the ability of companies to prohibit consumers from banding together to pursue class action lawsuits are preempted by federal law. T-Mobile included a prohibition on class actions in a part of its contracts that also required consumers to resolve any complaints through arbitration. The company's lawyers argued in court papers that federal law, which generally requires that arbitration clauses be enforced, overrules those state laws that limit the ability of companies to ban class actions. Under contract laws in many states, class-action bans are considered inherently unfair and courts, including those in California, where the dispute originated, can choose to not enforce them. Companies generally support arbitration because they consider it a faster and cheaper way to resolve disputes than litigation. Clauses requiring arbitration are included in millions of consumer contracts issued by credit card, cell phone and cable companies, among others. A federal appeals court ruled in one of the cases, T-Mobile v. Laster, last October that courts can refuse to enforce arbitration clauses if they include bans on class actions. The Supreme Court's decision, without comment, lets that decision stand and allows the case to proceed to further litigation. Consumer groups argue that class action bans are unfair, because in legal disputes over small amounts of money, individuals may not have the incentive to file suits. Banning class actions, as a result, could essentially allow companies to avoid liability for practices that cost large numbers of people small amounts of money, according to court papers filed in the case by the consumer group Public Citizen. The T-Mobile v. Laster case began when a woman named Jennifer Laster sued the company after buying a phone and signing up for wireless service in San Diego in 2005. She alleged that T-Mobile engaged in unfair and deceptive business practices by promising free and significantly discounted phones, while charging sales taxes based on the full price of the phone. The company responded that they were required to charge sales taxes on the full retail price under California law. T-Mobile is owned by German telecommunications company Deutsche Telekom AG. Two companion cases, T-Mobile v. Ford, 07-1103, and T-Mobile v. Gatton, 07-1036, were also turned down by the court.
Woofer--you are most likely correct--I doubt that I would win a dis. of judgement, however, as they are not negotiating--only down a few hundred $--I'm really at a loss as to what else to do except the court route. I believe you are right when you say that you should have settled long ago, and I too would LOVE to settle--but---so far I can not meet what they are demanding.
When I wrote you about settling, the best way to do such is to speak to the CA in charge, who is hired by the JDB, and we have deducted, correct, that this is not the OC that is suing BUT a third party, right? In every case you would speak to the CA (myself I would FAX so I have everything in hard copy) and negotiate the settlement. Call up again and ask to speak to the lawyer in charge. If he balks ask to speak tohis supervisor if there is one. I really find it very odd that they do not want to negotiate a settlement with you. AS for the CA, if you HAD to speak to them, I would have ask to speak to a manager. I still though would try to settle for a chunk of change NOW. If you can't negotiate then you have no where to go but court,and maybe you will get lucky. How long has it been since the arbitration award was issued? Some states yo have only 20 days to answer and make a motion, other states are longer. People think they can go the Federal route (45 days) but IMO this is not going to get you anywhere either,except perhaps buy more time, incur more money, and wind up paying more. You say you have gotten help fro the other board, well I hope they will be there to guide you thru the quagmire. I sincerely hope you can do something and I have been wrong all along about this. People also get confused about State and Federal and what can or cannot be done and time frames. The only time you are going to win with NAF is when you pay the participatory hearing cost and you hire a great lawyer(of course all this is BEFORE an award has been issued) Once issued, IMOAE even the great lawyer does not want to deal with the case. Woofer
I do not think this is a JDB, rather OC. I have not sent a letter to a lawyer or collection agency, only phone calls. I still have tme to answer since the papers were not actually served until last week. I had received notification that a an application of an award of judgement had been applied for, service really just happened. I have 20 days from time of service. I am within time frame to answer. My answer & affirmative responses are ready (pretty much) to be filed. I'm taking a breath and trying to figure out how to settle. If I were i a position to settle for what they want--I would, without hesitation. NAF is nasty business. I can only settle for what I can get together which is about $1700--maybeeeeeeeee $2K. Believe me when I say that I do not want to tackle this pro-se. Not many options open to me at this point.Anyone see any options open?
When this first started I told you if it was an OC you are not going to get much off to settle, but that YOU SHOULD SETTLE as they are going to get the judgement. As if you go to court, and lose you will have to pay the plaintiffs attorney fees as well as court costs. OC's most always have their ducks in a row, and this is why they are not going to settle so easily as a JDB, as they know they are going to win the case and get a judgement easily. Wait a sec.... When did you get the notice of award from NAF? THIS IS THE DATE THAT MATTERS! This is where everyone gets confused. While YES you do have time to answer, UNLESS you did not go over the time line to make a motion,(here it is 30 days) in STATE law on arbitration, then any and all of your answers are going to be moot, although yo maybe able to sneak into FEDERAL (45 days)and do something, although I doubt it. Arbitration laws are a quagmire and believe me the lawyer knows what he is to do to get that award. [/quote] You may be able to get them to work out a deal where you pay more, and have more time to pay the debt off. I forget exactly what it is called, but it is a judgement that will be enforced should you not pay up. Better than having the judgement executed right away, IMO Woofer.
You may be able to get them to work out a deal where you pay more, and have more time to pay the debt off. I forget exactly what it is called, but it is a judgement that will be enforced should you not pay up. Better than having the judgement executed right away, IMO What kind of paper do I ask for on this-that is what ind of agreement? Woofer.[/QUOTE]
Sorry about that , my answers are tangled up in quote. "When this first started I told you if it was an OC you are not going to get much off to settle, but that YOU SHOULD SETTLE as they are going to get the judgement. As if you go to court, and lose you will have to pay the plaintiffs attorney fees as well as court costs. OC's most always have their ducks in a row, and this is why they are not going to settle so easily as a JDB, as they know they are going to win the case and get a judgement easily. Wait a sec.... When did you get the notice of award from NAF? THIS IS THE DATE THAT MATTERS!" ANS: The date was back in Feb. "This is where everyone gets confused. While YES you do have time to answer, UNLESS you did not go over the time line to make a motion,(here it is 30 days) in STATE law on arbitration, then any and all of your answers are going to be moot, although yo maybe able to sneak into FEDERAL (45 days)and do something, although I doubt it. Arbitration laws are a quagmire and believe me the lawyer knows what he is to do to get that award." ANS:I am speaking about a formal Answer in response to BOA/Atty which addresses the application for award of judgement. I was served with papers last week for this although I received notification of this a week prior. "You may be able to get them to work out a deal where you pay more, and have more time to pay the debt off. I forget exactly what it is called, but it is a judgement that will be enforced should you not pay up. Better than having the judgement executed right away, IMO" ANS: What kind of paper do I ask for on this?
