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I plan to work on this and present it in an orderly fashion

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goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



538 Magic Points

 
Posted on Tue Nov 27, 2007 1:47 am  

Talked to the attorney that is serving as chairman today. He said that I will have a chance to provide my evidence to them. These three attorneys will serve as judge and jury. He said that they will make sure that I am not railroaded and that the burden of proof is on them to prove that not only do I owe the money but that I owe it to them.

I will have to work on this over the next few weeks, he said the date would be well after the holidays and gave me some guidance on where to find public law on how to present evidence. Any guidance that anyone has would be greatly appreciated. I plan to work on this and present it in an orderly fashion. He said that I will have a chance to cross examine and that this is no negotiation, it is either win or lose.
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Goodnatured,
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Laura

Laura

Joined: 21 Jun 2007
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Posts: 1327



36461 Magic Points

 
Posted on Tue Nov 27, 2007 4:29 am  

Hi Good,

Atleast you have some time now. I am not experienced in this but can say that keep your facts straight so that you are not confused when cross examined.
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Regards,
Laura.
Dadummy



Joined: 15 Nov 2007
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Posts: 547



219 Magic Points

 
Posted on Tue Nov 27, 2007 11:12 pm  

Good you need to make sure that everything is organized, sounds like they are gonna let you at least speak your peace, this is great, what you wanted anyway. goodluck and keep us updated.
SunDevilsFan



Joined: 09 Nov 2007
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Posts: 171
Location: Sunny Arizona


6578 Magic Points

 
Posted on Mon Dec 31, 2007 3:13 am  

Wondering if there is any new information about the arbitration....
anthony

anthony

Joined: 31 Jul 2006
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Posts: 516



13609 Magic Points

 
Posted on Mon Dec 31, 2007 5:44 am  

Hi Good,

How is your preparation going on? You must be preparing for the hearing. Have you learned the trick to present evidences?
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Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



538 Magic Points

 
Posted on Mon Dec 31, 2007 11:49 am  

No anthony, unfortunately I have not had time to do any of this, I just got done with all the holiday crap, truthfully all that stuff is so exhausting. I wish I could just find the rules of evidence online somewhere, but it is looking like I am going to have to make the trip to the courthouse. I have time, have not got the hearing notice in the mail yet, when I do I will have to take a day off and go to the courthouse and dedicate a day to that. Maybe after the new years.

Do you have any leads on what rules of evidence are? I would appreciate any help you can give.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa
SunDevilsFan



Joined: 09 Nov 2007
SunDevilsFan's page
Posts: 171
Location: Sunny Arizona


6578 Magic Points

 
Posted on Mon Dec 31, 2007 1:31 pm  

Have you contacted NACA yet? Have tried getting a lawyer that is affordable.?


Not trying to be mean or rude, but its going to take more than just a day to prepare for something like this. I have already been through something like this already..
Laura

Laura

Joined: 21 Jun 2007
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36461 Magic Points

 
Posted on Wed Jan 02, 2008 6:40 am  

Hey Good,

Are you looking for this? Hope this helps http://www.law.cornell.edu/uniform/evidence.html
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Regards,
Laura.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

 
Posted on Thu Jan 03, 2008 4:44 am  

thank you Laura, I will venture into that link first thing in the morning, getting late now but wanted to update you guys.

I was talking to an unemployment referee today who by the way was a corporate lawyer in his past life and I through the evidence question at him. He generously replied.

1. he said that they have to prove I owe the debt to them, if they do, then they win, however they must show the true ownership or transfer of the debt. They must show in the original contract that this option to transfer the debt was actually there. They must also show that they properly secured the debt and that they are not just saying they bought it, back to prove it/

2. I have to show the many times that I have tried to get this information from them. I have several letters sent via certified mail and return reciept requested that they have signed for time and time again and never provided me with the information.

3. He said also to be prepared to pay, have estimated what I can pay a month, just in case I lose.

4. He said I should try to get my hands on a copy of the original agreement, does any one know how I can get these documents? I don't think that providian would provide me this documentation, so I need to come up with it on my own. I know I don't have it in my possession. any ideas would be appreciated.
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Goodnatured,
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for all the ways I make $$ online
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erb1953



Joined: 31 Dec 2007
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Posts: 547



-100 Magic Points

 
Posted on Sat Jan 05, 2008 1:29 pm  

This sounds like you have been through alot with this company, what a pain in the rear huh, I really hope that you win this arbitration, I don't know you but you seem like a good person and I don't like to see or hear about good people getting screwed around.

I seen a news story on television about them raising the credit card rates, I seen some older people who are on the fixed incomes talking about how they can not afford those rates but need the cards. I think there needs to be something, a law or a clause that they can not raise it unless you have done something negative on your account.
debtstinker



Joined: 03 Nov 2007
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Posts: 272



3 Magic Points

 
Posted on Sat Jan 05, 2008 2:19 pm  

oh my gosh erb, i didn't hear they were raising rates!! one of these days there will be a revolution of our poorer and vulnerable folks. this credit system we have is not working. it helps us out for a while but then we're seemingly punished for needing credit with the high apr and now it looks like they're raising rates. i distinctly remember a time when we had no money to our names, i mean it! we desparately needed to travel one weekend to see my parents but had no money. i had to write a check then my mom gave me money to put into our account so the check wouldn't bounce. i didn't have credit then now i'm wondering if i wasn't fortunate Wink
Good, how are yolu doing with your arbitration? i hope that all goes well. I agree with erb, i believe you are a very good person and strong and determined. i know you'll be ok, it's just a pain in the arse eh?
Dadummy



Joined: 15 Nov 2007
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Posts: 547



219 Magic Points

Subject: arbtration
 
Posted on Mon Jan 07, 2008 5:55 pm  

goodnatured hope you get results that are good guess it depends on everyones mood on that day. good luck hopefully youll get POSITIVE RESULT
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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Posts: 1883



1916 Magic Points

Subject: hearing
 
Posted on Mon Jan 07, 2008 8:46 pm  

Hey, Goodnatured?........is the company who I think it is??
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

 
Posted on Tue Jan 08, 2008 1:15 am  

No, this is CACH, an old credit card sometime ago with providian, they filed this suit just prior to the statute of limitations running out, this caused a freeze on the statute of limitations. I think I have a really good chance of beating these guys though.

There is a new guy at work who used to be a corporate attorney, he gave me some really good advice on what consitutes ownership of the debt and what I should be prepared for if I lose. He did say go for it, that I have a really good chance at beating them. I am going to give it my best shot. I have dug up alot of information on the rules of evidence. If they don't have anymore than they have sent to me then they are sunk. I have not heard anything yet about the arbitration date, probably will soon though, the attorney that is the chair of the committee said that I will get a list of availability dates in the mail. Still have not received them. I will update the forum as soon as I hear.

By the way, it is good to see you back sdchargers, missed you. I still haven't heard anything from the company that you think it is yet, I am sure I will soon.
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Goodnatured,
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



130 Magic Points

 
Posted on Tue Feb 26, 2008 8:36 pm  

Wondering if you ever found a way to get a copy of the original agreement on your case. I know in your creit report they list the date of last payment and the original creditor on there. You also have to make sure they didn't renew the debt. I just got a new phone number and the person whose number this use to be had debt. They still call here after me telling them it isn't her number anymore. Also dealt with collections myself before and relize this is no fun. Let me know how things work out for you. Rolling Eyes

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