Author Topic: Being sued by Calvary/GE Capital Paypal  (Read 3550 times)

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Bruno the JDB Killer

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #15 on: August 04, 2017 05:52:06 PM »

If your motion is denied, it's grounds for an interlocutory appeal. The SCOTUS and every circuit says you have a right to arbitration.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #16 on: August 04, 2017 05:56:26 PM »
Funny you should say this!  Before my case was called, the attorney asked if I was "sure" I knew what I was doing. Which I suspect was his way of throwing SHADE! When the judge asked for his answer to my motion and when he told her that he needed more time to review, she just rolled her yes and granted the 28 days. 
« Last Edit: August 04, 2017 06:12:23 PM by YYaWannaNO »

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #17 on: August 08, 2017 12:43:19 AM »
Whoa! I've come home to a bit of a <REMOVED> moment!  I got a letter from a collection agency by the name of Convergent and they are trying to sue me for the SAME Paypal account that Cavalry is suing me for?? :(  With a few differences -

Calvary is suing for approx $1000, Convergent is asking for approx $800.  Cavalry claims the original creditor is GE Capital.  Convergent is saying Comenity Capital bank!  How can are two agencies trying to collect on ONE account??



Admin Note:   Vulgar reference removed.   :tos:
« Last Edit: August 08, 2017 01:05:58 AM by Admin0248 »

fisthardcheese

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #18 on: August 08, 2017 11:21:18 AM »
Whoa! I've come home to a bit of a <REMOVED> moment!  I got a letter from a collection agency by the name of Convergent and they are trying to sue me for the SAME Paypal account that Cavalry is suing me for?? :(  With a few differences -

Calvary is suing for approx $1000, Convergent is asking for approx $800.  Cavalry claims the original creditor is GE Capital.  Convergent is saying Comenity Capital bank!  How can are two agencies trying to collect on ONE account??


Can you prove they are both talking about the exact same account?
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

influx773

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #19 on: August 08, 2017 11:35:50 AM »
Whoa! I've come home to a bit of a <REMOVED> moment!  I got a letter from a collection agency by the name of Convergent and they are trying to sue me for the SAME Paypal account that Cavalry is suing me for?? :(  With a few differences -

Calvary is suing for approx $1000, Convergent is asking for approx $800.  Cavalry claims the original creditor is GE Capital.  Convergent is saying Comenity Capital bank!  How can are two agencies trying to collect on ONE account??



Admin Note:   Vulgar reference removed.   :tos:

  .....talking about "bottom feeders".............

  you  need to ask for "leave of court"  ,probably could motion for it also ,not sure

 my  opposing atty  asked for it(that's not right) making me underestimate time schedule(which just now gave me idea)
                                                     mistrial?
  I'm guessing trying to rush defendant through fast is one of their "winning" strategy's against pro se parties.
« Last Edit: August 08, 2017 11:39:54 AM by influx773 »

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #20 on: August 08, 2017 02:05:31 PM »
Can you prove they are both talking about the exact same account?

Apologies!  Convergent isn't "suing" me.  They just sent a letter stating that I owe this amount and they are willing to settle for 50%.  As for proof?  I only have one Paypal Smart connect account on my credit report and this is not the one.  In fact Convergent isn't even on my credit report. I know must people say the first thing your you should do is ask for validation, but I'm wondering if I can just flat out dispute this

fisthardcheese

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #21 on: August 08, 2017 05:16:52 PM »
Apologies!  Convergent isn't "suing" me.  They just sent a letter stating that I owe this amount and they are willing to settle for 50%.  As for proof?  I only have one Paypal Smart connect account on my credit report and this is not the one.  In fact Convergent isn't even on my credit report. I know must people say the first thing your you should do is ask for validation, but I'm wondering if I can just flat out dispute this

Convergent is likely just collecting for paypal, which is why I asked if you can prove its the same account.  Did the letter contain an account number or anything?
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #22 on: August 08, 2017 06:13:36 PM »
Convergent is likely just collecting for paypal, which is why I asked if you can prove its the same account.  Did the letter contain an account number or anything?

No account number.  Just an amount and that the original creditor is Comenity Bank.  I'm just going to send the a letter asking them to validate this debt.  I'm trying to remove off of my credit report, not add more!  :)

Bruno the JDB Killer

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #23 on: August 09, 2017 01:08:00 PM »
It sounds like an office mistake; I believe Comenity took over after GE got out of the picture.

Actually, that sounds like an FDCPA violation by giving you the name of the wrong creditor. It's pretty much a slam dunk; how much you'd get is another story. You can get up to 1K for an FDCPA violation, plus attorney's fees. You may also have a state consumer law violation. Go see a consumer attorney. You might get the debt cancelled and some pocket money on top of it.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #24 on: August 11, 2017 07:25:34 PM »
So as suspected, Cavalry is asking to dismiss my motion since this is a "civil action based on either tort of contract for money not in excess of $10,000"  They also stated that "We don't have any authentication for this document (GE Capital Credit Card agreement) and there is no verification for the Court of the Plaintiff that this is indeed the terms of the agreement and that these terms do apply to the account"

Any suggestion on how I can respond?  Per the agreement - We will not *require* you to arbitrate any small claims court. 

CleaningUp

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #25 on: August 11, 2017 07:33:47 PM »
Did you submit an affidavit stating that what you were offering was the REAL contract?

Seems as though a reading of the Rules of Evidence is in order.

If they were challenging me on a copy of a CC agreement obtained from the catalog maintained by the Consumer Finance Protection Board, I would be responding that government documents are self-authenticating.



YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #26 on: August 11, 2017 07:48:35 PM »
Did you submit an affidavit stating that what you were offering was the REAL contract?

Seems as though a reading of the Rules of Evidence is in order.

If they were challenging me on a copy of a CC agreement obtained from the catalog maintained by the Consumer Finance Protection Board, I would be responding that government documents are self-authenticating.

Yes, per the approved court form that I used

http://www.illinoiscourts.gov/Forms/approved/procedures/Motion_Suite_Approved.pdf

I used the CC agreement from the year the debt was defaulted on so I'm not understanding what they want from me. 


YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #27 on: September 27, 2017 08:36:55 PM »
Hello again!  I'm in the process of putting together an argument defending my MTC.  Cavalry's arguments states that GE Capital's credit card agreement that was attached to my motion can not be properly authenticated.  My response to this is as follows -

"In response to the Plaintiff’s claim that the attached document (Exhibit A) is not properly authenticated – The defendant has previously averred through a sworn affidavit (See attached Exhibit B) that this is a true and correct copy of the agreement that governs this account. The defendant reaffirms this position."

Hopefully this will be good enough.  Your thoughts?

The second argument was that since I'm being sued for less than $10,000, arbitration can not be enforced -

"We will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as It remains an individual case in that court..."

So per GECB's cc agreement, arbitration isn't "required", they consider my argument "invalid" :(  How can I word my argument that even though arbitration isn't required, I am still entitled to arbitration.  Or do I even have a leg to stand on?

Jane007

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #28 on: September 27, 2017 10:01:04 PM »
The second argument was that since I'm being sued for less than $10,000, arbitration can not be enforced -

"We will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as It remains an individual case in that court..."

So per GECB's cc agreement, arbitration isn't "required", they consider my argument "invalid" :(  How can I word my argument that even though arbitration isn't required, I am still entitled to arbitration.  Or do I even have a leg to stand on?

We = them
you = you

The exception is to their right to require you to arbitrate (pursuant to the prior general language in the clause).

It is not an exception to your right to require them to arbitrate.

The language is asymmetrical and lacks reciprocity.

This language would have force if they were seeking arbitration of a small claims case and you opposed based on this language.  The facts here are the other way around.  They ("we") are not requiring you to arbitrate a small claims case.  But you may still require them to arbitrate such a case, because the language offers no exception to your right to do so - pursuant to the prior general language in the clause.

See also here and here.

However, if you search the forum for the text of the language, you'll find others who take the opposite position.  Whether or not a judge will be able to parse the applicability of this language is another matter too.
« Last Edit: September 27, 2017 10:32:21 PM by Jane007 »

YYaWannaNO

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Re: Being sued by Calvary/GE Capital Paypal
« Reply #29 on: September 28, 2017 04:03:54 PM »
Thanks, those links helped.  I was able to add to my argument, hopefully it's successful, but I may need to start working on a plan B (crosses fingers)  Can someone take a look at my additions?


Lastly, in response to the Plaintiff’s argument that the Defendant’s argument to compel arbitration fails because these terms specifically exclude small claims (see paragraph 2 of the first section of the terms presented)

“We will not require you to arbitration (any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court of (2) a case we file to collect money you owe us…”  Defendant’s argument is in fact valid based on the following Federal Arbitration Act cases –

"Any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability." Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 24-25, 103 S. Ct. 927, 74 L. Ed. 2d 765 (1983).



"Courts are to examine the language of the contract in light of the strong federal policy in favor of arbitration. Likewise, any ambiguities in the contract or doubts as to the parties' intentions should be resolved in favor of arbitration." Stout, supra at 714.