Author Topic: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER  (Read 12513 times)

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Mischievous Smurfy

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Re: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER
« Reply #15 on: February 18, 2011 07:23:57 PM »
I am indigent with income well below poverty level - driving to county +60 mile rt and paying for CMRRR to these clowns actually hurt - along with hundreds of hours spent trying to defend myself.

Wait!!   do you mean they sued you in a county you don't live in?
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why are we requesting validation instead of disputing???  Why Why Why

UNKHEFF1

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Re: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER
« Reply #16 on: February 18, 2011 08:02:58 PM »
Yes - And I tried to get it dismissed to be sent to proper county and it was denied. - I think its in 1st or 2nd thread

transborder

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Re: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER
« Reply #17 on: February 18, 2011 10:08:20 PM »
That's a nice fat FDCPA violation against the attorneys...file a Federal case today!!!

Mischievous Smurfy

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Re: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER
« Reply #18 on: February 18, 2011 11:17:25 PM »
not to mention a grounds for appeal ... this court has no jurisdiction

Mind you I would be stumbling through it ... but I would file an appeal .. notice the judge that you have appealed his stupid ruling ...

he must be a narcissist who thinks he rules the world ...
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why are we requesting validation instead of disputing???  Why Why Why

UNKHEFF1

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Re: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER
« Reply #19 on: February 20, 2011 03:03:36 PM »
New info.

  I was reading the 2010 CITIBANK cardholder agreement.

 I noticed under Late Fee section that Citibank did not follow the agreement. It states
" The fee is based on your account balance as of the payment due date. The fee will be $15 on balances up to $100; or $25 on balances of $100 or more. However, for any additional past due payment during the next six billing periods after a past due payment the fee will be $15 on balances up to $100; $29 on balances of $100 to $250; or $35 on balances of $250 and over. The fee will not exceed the amount permitted by law."

 Well ain't this interesting!!!! - Jan06-Feb02,2010 statement
  Minimum payment due $86.57  New Balance $5,450.27
  Next page of billing statement shows under Purchases - Standard Purch  $5,484.97 at 7.74%

 That $5,484.97 is under Balance subject to interest charge! It's $34.70 higher than actual balance of account. -  Payment due date is 03/01/2010 - interest for the period is $32.57

 Next months statement Feb03-Mar02 2010 statement
Minimum payment due $213.07 New Balance $5,531.37
Last standard purchase made on account 02/12/2010 - netflix charge for $9.60
Late fee posted 03/02   $39.00
 Interest charged 03/02 $32.50

  there is a Notice of changes to your interest rate
it states " You have triggered the variable Penalty rate APR of %28.990%. This change will impact your account as follows:
 Transactions made on or after 03/23/2010" As of 05/05/2010, the Penalty APR will apply to these transactions. We may keep the APR at this level indefinitely.
 Transactions made before 03/23/2010: Current rates will continue to apply to these transactions. However, if you become more than 60 days late on your account, the Penalty APR will apply to these transactions as well." Can they legally do this on PAST transactions that were agree to at 7.74%?????
  They just breached their own contract by charging $39.00 late fee on first miss or late payment on account!.
  Plus their numbers don't jive at all
 On the Mar03-Apr02 2010 statement they created a new line item under purchases as Pur Pr 032310 and show balance as $5,549.00 at 7.74%
Apr 03 - May04 2010 statement the PurPr032310 balance is now $5,586.20 at 7.74%
It also shows that a Standard purchase of $39.13  at 7.74% was made but there was transaction for this! No date nothing I DID NOT HAVE ANY PURCHASES OR USE OF CARD SINCE 02/12/2010
May05-Jun02 2010 statement (LAST STATEMENT SENT - ONE USED AS EVIDENCE) now shows PurPr  032310 as $5,622.45 at 7.74%
It also shows that a standard purchase of $79.15 at 28.99% was made but there was no transaction made.
 HOW CAN PURCHASES PRIOR TO 032310 keep rising?
 Even if they count interest charges and late fees as standard purchases they still don't add up right at all.   They have serious flaws in these numbers.
 As I was never given a chance to validate this debt. What are my options with a pending Summary Judgment hanging over my head.  Trying to file a motion to dismiss and move it to arbitration on tuesday.
 
  I think my best bet is to file with Jams and countersue the OC and Attorneys representing them.  How do you make the Lawfirm a Respondant when filing a Claim with Jams????

UNKHEFF1

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Re: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER
« Reply #20 on: February 21, 2011 04:08:45 PM »
I will be filing motion to dismiss/stay pending private arbitration tomorrow. I have included a brief in support and a separate letter to OC and lawfirm informing them that I elect arbitration and that I will file with Jams since I will be filing claims against OC and Lawfirm (I will not include plaintiff's complaint for money - I will let them crossclaim is they pay the fees)
  In my letter I ask them for the $250 to initiate jams claim which their user agreement states that if issue is a debt collection that I would have to file.
  Should I add this to the brief in support or create a separate filing with judge.  My complaint here is that the user agreement is forcing the defendant (ME) to file a claim basically against myself. How do you use the prejudice issue with this?

 

UNKHEFF1

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Re: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER
« Reply #21 on: February 23, 2011 12:21:23 AM »
Well I filed my Motion to Dismiss/Stay pending arbitration today and sent out copies of everything including letter to lawfirm and Citibank electing Arbitration and informing them that I will initiate arbitration with JAMS and requested them to send me $250 to file the consumer claim with JAMS.

  I asked the court clerk if there has been a court date set for the Plaintiff's Motion for Summary Judgment.  She informed me that it is in the Judge's Chamber being reviewed as a non-oral hearing before being an entry to set a hearing date. ?????

 I asked clerk if I could schedule a hearing or how I could get a hearing date set on the docket for this court for my Motion to Dismiss/Stay. She said I need to get a lawyer, that she could not tell me how to do anything.

  I basically read the local rules of court and it does not clearly explain the process needed to take to do a proposed entry or judgment entry to schedule a hearing date.  ANYONE - any help would be appreciated.

Mischievous Smurfy

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Re: Citibank - Javitch,Block,&Rathbone - Motion for Summary Judgment INSTANTER
« Reply #22 on: February 23, 2011 01:16:18 AM »
bearing in mind I would be stumbling my way through just as you are ...

I would file a motion to schedult a hearing for both the MTD/MSJ.  I would specifically state that the MTD should be heard first due to the fact that it addresses the courts jurisdiction in the matter.
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why are we requesting validation instead of disputing???  Why Why Why

UNKHEFF1

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Just received mail from court -
  journal entry 2/22/11 - Plaintiff's motion for leave to file motion for summary judgment INSTANTER....court finds the motion to be well taken and therefore ordered,adjudged,and decreed that plaintiff will be and hereby is granted leave to file its motion for summary judgment instanter and that the same be and hereby is deemed filed as of the date hereof. IT IS SO ORDERED.
  dated  02/22/2011

 Second letter is an ORDER

 On this _____blank day of _____, 2011 this cause came to be heard upon the plaintiffs motion for extension of time to file plainitff's response to defendant's motion to dismiss. The court being fully advised in the premises hereby grants said motion.
  It is therefore ordered,adjudged, and decreed that plaintiff shall have through march 18th,2001 within which to file plainitff's response to defendants motion to dismiss.

  dated 03/07/2001


  Can anyone help with this? - I have not sent any objection yet to motion for leave to file motion for summary judgment.   Is there normally  a deadline to do this???  Could not find any info on state civil rules procedures (ohio)

  It looks like they are going to fight me electing arbitration. I should get an answer next week.  How long would I get to rebutt their rebuttal?

  Only billing statements as evidence....no contract - no dunning letter - no demand for full payment before lawsuit.  Do I need to dispute evidence as HERESAY (citicorp card services CCSI)
  Last 2 monthly statement have standard purchases that I did not make - No chance to dispute or request validation of debt.

  Should I send in Objection to summary judgment or just wait for their response to my dismissal or stay request ?

cgoodwin

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Believe it or not, unkheff1, you are doing good.

A motion for leave to file motion for summary judgment is required in Ohio before they can file a MSJ.  No need to object to it, it is almost always granted. This just gives them permission to file the MSJ, it does not grant it.

Since you have the MTC arbitration pending, by rights they should hear that motion before the MSJ. Seems like your judge may be playing loose with the rules (denied the dismissal for wrong venue), so I would file an objection to the motion for summary judgment.  In the objection, I would argue the unresolved issues are, they are still improperly sending notices and court documents to the wrong address, prejudicing your ability to defend yourself, discovery is still not complete, they have not provided the items you have requested to defend your claim, and there is still a motion to compel arbitration yet to be decided.

Structure it as you do the other motions where you are asking the court to deny the MSJ and include a brief in support.  Those issues should be enough to stop a SJ.  The arbitration issue prevented one for me in Ohio.

So yes absolutely object to the MSJ when it is file, but don’t worry about the motion for leave

And it looks like the court is giving them more time to reply to your motion.  If you need more time, you can ask the court also by motion.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

UNKHEFF1

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Just received mail from CA with their response to my dismissal/stay arbirtration

 Had to get info over phone because once again they sent mail to family member in another county and can not make to 60 mile trip today.

  They are saying that the agreement I attached is the wrong one (2010 citibank diamond preferred card) and that I had a citicard agreement.....which they still have not provided even after discovery request for documents.  I had a citibank diamond preferred card as per the monthly statements they produced as evidence of account. - They also say that their may have been an arbitration agreement in my agreement but that they would be willing to initiate with AAA

 They are saying that they will initiate arbitration with AAA and that if for any reason that arbitration can not be done that they request the litigation to continue forward. (read on here that AAA is not accepting debt collection from OC's....has this changed?)

 I think there are a few more violations in this letter to add to the total of this case.  I just want to scream so loud that I would bust a few blood vessels.

 I do not want to arbitrate with AAA - If I have to I would even pay the $250 to JAMS..

What would happen if I initiate an Arbitration with Jams with all of their violations and they inititate arbitration with AAA - Would I have to deal with both!


What a bunch of turkey nut !

Any suggestions or PM's welcome

 

silverzgirl

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Initiate and use the 2010 agreement with JAMS. Does not matter how old your account is, only what you agree to.

JAMS will take it, then Citi and Co. will be in a bit of a pickle.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

2000Sabre

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I am conversing through private email with another member of this forum.  He has spoken with AAA and JAMS.  AAA will take CC arbitration cases if they are initiated by the consumer.  They won't take them if they are initiated by the OC.  You may have to initiate the case and get the OC to reimburse you for the fee.

silverzgirl

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If you initiate with JAMS, they are stuck in JAMS and will counterclaim. They really cannot turn around and initiate in AAA.

Stop overanalyzing the what-ifs and use what the contract tells you. If it says JAMS, run with it.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

cbarnett97

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If you initiate with JAMS, they are stuck in JAMS and will counterclaim. They really cannot turn around and initiate in AAA.

Stop overanalyzing the what-ifs and use what the contract tells you. If it says JAMS, run with it.
if you initiate w/Jams you can show the judge that arb has commenced and if the other side does not think that JAMS is right well they can go ahead and pay the JAMS fees to have a hearing about it. and if JAMS rules against you then you can go ahead an initiate with AAA and then the other side can go ahead and pay AAA fees then.

Also check your court rules because if they try to put forth another contract than what you have you should be able to make sure it is not admitted because it was not provided in discovery