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Harry Seaward

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Harry Seaward last won the day on July 25

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About Harry Seaward

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  1. With the upcoming changes, can we please bring back the ability to export/download private messages? Also, when using the board from my phone, the location information for individual posters does not display. Can we please have this added back? Thanks!
  2. Agreed. This is a very simple matter at this point. Plaintiff tried to get a jump on the timing (or they forgot to remove their calendar tickler). The MSJ is premature and inappropriate at this time.
  3. It doesn't really matter much what you call it. Chances are whatever you file will be treated by the court as a response to the MSJ. The important thing is that you do file something in response to the MSJ that addresses the court's lack of jurisdiction at this stage.
  4. The stay is automatic per the statute: A.R.S. 12-1502(D) "Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay."
  5. Confusion with who? Was there conversation between you and Opposing? Was the judge present? Bottom line is opposing knows you are supposed to have 45 days to respond to the MSJ, so they are getting it filled now assuming you aren't going to follow through with arb. Provided you have an active case in arb, your opposition to MSJ is basically a single issue - the court has no jurisdiction because it has ordered the parties into arbitration. This exact issue was successfully appealed a few years ago. I'll post a link to the case when i get back home. Edit: Here's the appellate courts ruling: http://www.courtminutes.maricopa.gov/viewerME.asp?fn=Lower Court/092018/m8444523.pdf
  6. I edited my post as you were replying to clarify the 'fee', since there was a little more to it that just money.
  7. Their letter to me said AAA are not administrating any claims involving this bank, because this bank has outstanding fees, and had not registered its arbitraion clause on the Consumer Clause registry. This sounds to me like they either never actually registered with AAA, or AAA requires regular updating of the agreements that includes a fee to AAA. The bank has no claims against me, so this isn't the typical sued-for-a-debt arbitration case that comes through here. IIRC, the AAA letter in those cases says that AAA will still take the case if the consumer gets a court order. That language is not present in the letter they sent me.
  8. Good tip. It may also be addressed in Restatement, so I'll look into that as well.
  9. I didn't. It wasn't a requirement of the agreement. The entire provision is about using AAA for arbitration. If AAA won't hear the case, the arb provision is meaningless.
  10. @fisthardcheese @BV80 I have a bank that I have claims against, and they have an arbitration clause in their agreement. I filed my claims with AAA, as provided in the arb provision, and got a letter from AAA stating that this bank has not paid their annual fees to AAA, and AAA is therefore not administering any claims related to this bank. (We've seen a similar thing when JDBs have an outstanding bill they haven't paid.) So my position is that the entire arb provision in the card agreement is bogus. If I'm correct, that could mean they have no protection against class action lawsuits. This particular agreement has a class action waiver, but it's contained within the arb provision. So I have two questions. First, is there a law/act/etc that governs the truth of the conditions stated in credit card agreements? And second is two part. A.) is it really that simple that a credit card company can include a "you waive your right to class action" in a credit card agreement, and B.) is the fact that this waiver is wedged into the bogus arbitration provision of any consequence in this situation? There is a severability clause, but my argument is that the Arb provision should be read as a whole, and the class action waiver is tied to the arb provision. (I've looked through the Fair Credit Billing Act and Truth In Lending Act, and neither seem to address credit card agreements, or generally deceptive statements made to account holders. Because the claims are only mine and have nothing to do with credit reporting, the FCRA is not applicable.)
  11. I pulled up the thread you linked to and just saw the $1k. The only case I know of where a JDB didn't walk away was the one from 2 or 3 years ago with the obnoxious lawyer that apparently went rogue and wasted a s-ton of her client's money. As for the rest, they have been debts as high as $30k; several of those I was pretty sure would go all the way and none did. I really doubt they will see it through on $10k. The fact of the matter is you really don't have any options other than to offer a settlement. I personally wouldn't do that until I see them pay the $2,500 arbitrator deposit. The caveat with that is they will be that much more invested by that point. The odds are on your side, so if it were me, I'd keep it going.
  12. Stay the course. It's not uncommon for them to pay the initial $1,500 because they get a good chunk of that back if the case settles before arbitrator spends any time on it. They will also have to pay another $2,500 or something for the arbitrator retainer. They will walk away before dropping that kind of money on trying to collect a $1,000 debt.
  13. Just an FYI, the mediator is going to hear the plaintiff's story and ask you how much you can pay today. They are not there to settle the case on the merits, or figure out all of the little nuances of debt collection violations. Plaintiff's lawyer, and quite possibly the mediator, will also tell you how expensive and time consuming arbitration is going to be for you. They will probably tell you mediation is the same as arbitration. While in theory, it may be, in practice it's anything but. They will try to scare you into settling, which is exactly what they get paid to do. Politely decline and insist on the arbitration "from your card agreement". I haven't really followed any court cases for a long time, but there was a spell where some courts were denying our MTCs. It was successfully appealed at least once(<----- click that link to read the appeal ruling), so worst case, as Goody said, you may have to appeal to get your MTC granted. It's better to have a court order (i.e. granted MTC) when you start arbitration. AAA/JAMS have been known to refuse to take debt collection cases with certain JDBs without a court order.
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