Target National Bank Visa - Credit Card Agreement

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RenHoek
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Target National Bank Visa - Credit Card Agreement

Postby RenHoek » Fri Oct 02, 2009 11:42 am

Hello,

Being sued by Target National Bank for a Target Visa default.

Have you ever been sued by a credit card company? They attach a copy of the Credit Card Agreement, unsigned, undated, and usually a pretty poor copy.

I've been reading and you can't really fight it on the basis of being unsigned. The judge will assume that this was an open account, you were using it, so you agree to the terms.

However, I would like to assert that Target is premature in bringing the suit since they didn't go to mandatory arbitration first.

The copy of the Credit Card Agreement they supplied does not have the arbitration clause in there. [size=100]Don't most cards include it?[/size]

Does anyone have a Target Visa card, and have kept a copy of the Credit Card Agreement? (or can get a copy?) If you could scan a copy of it (and it includes the arb clause) it would really help my case. I have until Nov 1.

Thanks!


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Cucumber
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Postby Cucumber » Fri Oct 02, 2009 7:22 pm

I'm surprised they're suing you directly. Normally they just sell default accounts to debt collectors who then try to collect. Are you sure it's not a debt collector that's trying to sue you? Sounds like a scare tactic from an overaggressive zealous collection agency.
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DoingHomework
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Postby DoingHomework » Sat Oct 03, 2009 8:07 pm

Have you requested binding arbitration? I would think they would jump at it

RenHoek
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Postby RenHoek » Mon Oct 05, 2009 11:30 am

I have already been served with the lawsuit by the court....I assume it's too late to ask them for anything! :) I'm wondering if binding arbitration is still part of existing Credit Card Agreements, and if anyone who may have a Target Visa here can get a copy of their Credit Card Agreement for comparison.

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fffresh
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Postby fffresh » Wed Oct 07, 2009 3:37 pm

May I ask how much they are suing for and in which state? Depending on the amount and state I would assume this would be under the jurisdiction of small claims court. Binding arbitration is part of most cardholder agreements but I do not have the Target Visa so I am not entirely sure when it comes to that card.
I checked their official page and they do not have any cardmember agreement online from what I can see. I would contact them and request a copy of it immediately.

RenHoek
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Postby RenHoek » Fri Oct 09, 2009 6:25 am

Hi,

$6,000 outstanding, and this is in New Jersey. Yes, it's rare that they are suing me directly, but they are. They are using a New Jersey law firm, Lyons, Doughty and Veldhuis.

Target National Bank is a weird company. I remember calling them for customer service, and it was like you got someone at their desk in Minneapolis. If you called them after hours, you got a horrible connection to India. Once, I asked the Indian to waive a fee, and he said no. I asked him his name, and he said in a thick acccent "John Smith". I just laughed and laughed!

In the lawsuit, they attached a bad copy of the Credit Card Agreement. So, I have the copy that they supplied (without the arb agreement). I'm trying to get a copy that they give new customers, that maybe shows an arb agreement. I called them as a new customer, asking if I could get a copy before I apply. They said "No". This is the contract law in 2009. You can't even get a copy of the contract that you agree to before you agree to it.

I know I owe the money, but I am just trying to delay the inevitable by getting this case thrown out of state court if I can. That is why I am still looking for a copy of the Credit Card agreement for a Target National Bank Visa.

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Postby DoingHomework » Fri Oct 09, 2009 6:48 pm

I can't help you with the agreement.

But I am very confused by your approach. Usually the company wants binding arbitration because it is simpler, cheaper, and you would have fewer rights. It is also faster

It sounds like you want the arbitration for some reason. That might be your right but I'm not sure it is your best approach if your goal is to delay.

In court you have the right to discovery and other things that can create delays. It seems to me that if your goal is to delay then you want to go to court and you want to file lots of motions. I'm not sure how it works in NJ but in most states if they sue you now you will not have a court date for a couple of years for something like this.

If you went to arbitration you could probably get a conference next week.

The other thing to watch out for is that if you know you are going to lose and you to court you are very likely to have to pay court fees and attorneys fees that could easily double the amount you owe. Why not just get it over with and settle with them?

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You need to answer the lawsuit

Postby capoeta » Tue Mar 16, 2010 4:54 pm

Regardless of what your final plan is, Please answer the summons otherwise they will get a default judgment against you, which in turn is not at all desired. Your response will atleast grant you time to prepare your case or time to figure out what to do.

You have to follow NJ Rules of Civil Procedure.. search for the information in internet...

You must be beyond 180 days past the last statement which is when the debt is written off.. The law firm suing you specializes in debt collection. They may have purchased the debt from Target or only get paid when they win.

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Postby alsteig » Tue Jun 01, 2010 4:48 pm

It is not unusual that they are suing you directly. Call the issuer first and see what can be done. Generally they can't help if it has already gone to litigation. Call the law firm that is representing them and settle it. Generally they will settle for low payments rather than wage garnishment. This is not worth fighting you will lose every time. As far as arbitration goes, generally they like it because it is cheaper and faster also doesn't put "the big bad credit card companies" in a jury court against little old borrower that Jury's are sympathetic to. If you really want to fight I would start by requesting the CC agreement in full. I am guessing you have an income stream that is why they are spending the money to pursue this. Assuming you do nothing they will get a default judgment and garnish wages. Judgments don't help your credit either.

Tishylu
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Postby Tishylu » Wed Jun 02, 2010 11:35 am

Bad news about that binding arbitration thing...apparently it will go the way of the dinosaur. Just got a couple letters from B of A regarding both MasterCard and Visa cards I have. They are now discontinuing all binding arbitration. Period. Plus some other stuff I will be posting in a minute. It's getting ugly out there.



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