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olvrtw

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Everything posted by olvrtw

  1. The agreement is saying I can arbitrate non-individual basis claims against the consumer on an individual basis. Clydesmom tried to give an example of a non-individual basis claim against a consumer. He pretty much states that its a claim where the same corporation owns 3 different debts against the consumer, where those 3 debts where litigated in 1 case. So if that is what non-individual basis claims are, seperate accounts pretty much, the statement in the cardmember agreement allows me to arbitrate those claims seperately. and my case is exactly that, citi has 2 claims and I have the option to arbitrate them in seperate arbitration proceedings. You guys are just being jerks and misinforming people on what individual basis means. If it was the other way around where the banks wanted to arbitrate claims against them on an individual basis you would be all over it... But this contract is not in legalese, it is in plain english, fortunately I can read plain english and legalese perfectly fine...
  2. We have seen it in court not arbitration. Typically it involves junk debt buyers and their debt collection lawsuit mill attorney. A large JDB will own several defaulted accounts from 3 different creditors for consumer Jack Spratt. They sue on one of the accounts and when the records reveal the JDB owns 2 more ask the court to amend the complaint to include all 3 because while the original creditors were all different the assignee is the same entity and they can be put together. We have yet to see a court deny the request at least here on the boards. This pretty much proves my point. 3 different claims... You cant give an example of non-"individual basis" claims against a consumer. If you think individual basis has anything to do with class action, because 3 different people/businesses cannot own the same exact debt! So obviously individual basis means exactly what it does in a dictionary ONE BY ONE, not ONE ON ONE! Jesus!
  3. Their judgement will be worth less than my used toilet paper. I could care less.
  4. I think you are getting closer to understanding the sentence correctly. When you re-wrote the statement before (We will not join multiple claims we may have against you into a single arbitration action.") there is no options there, its just a blanket statement. But that is not what the statement is saying. It is actually giving me the option to seperate multiple claims from a single arbitration action, as it clearly states CLAIMS against you. So the sentence has nothing to do with claims against THEM!
  5. sorry if i am coming off as mean or arrogant. i'm of course upset because it doesn't make any sense to me or my wife... individual basis is defined as one by one, not one on one...
  6. 1st paragraph of arbitration limits, is about small claims, not about class action. 2nd paragraph is about claims against me, how is it possible to have class action claims against me? 3rd paragraph is about class action, against the bank. So you are telling me that all 3 paragraphs are about class action? How in the world could a party not part of this contract arbitrate a claim against me if they are not part of this contract? How can a term in a contract between Citi and me, be applied to someone not part of this contract? Ok 1 more thing, again : COMMA including Claims to collect a debt. So you are telling me that multiple people can have the same claim to collect a debt from me, and I would be able to arbitrate them on an individual basis? So, I owe Jack and Jill $1. I decide to arbitrate their claim on an individual basis. Their claim is I owe them $1. So, now that I decided to arbitrate, I owe Jack $1 and Jill $1. So effectively I owe them $2 now huh? How can a person owe multiple people the same money? Give me an example of non-"individual basis" claims against a consumer, or tell me exactly how you would phrase the paragraph if the meaning was supposed to be as I am thinking it should be (which is that each claim Citi has against me can be arbitrated seperately)?
  7. Its getting even harder for me to understand now. I am starting to think I may not be competent, and I likely have not been a competent party when I entered into this contract if I cannot understand that sentence. Im pretty sure a non-competent party cannot enter into a binding contract. Or am I wrong about that as well?
  8. That sentence is about claims against me. It has nothing to do with counterclaims. The paragraph is only about claims between the bank and me. The next paragraph discusses class action.
  9. Especially when it says, COMMA including Claims to collect a debt...
  10. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. So i am having an extremely hard time understanding this sentence. Are you telling me that multiple banks can file a claim against me? Or what exactly, because if you are saying "individual basis" means something other than individual basis (seperately), i dont know what you are saying... or how that sentence would make any logical or meaninful sense... why would it be in there?
  11. So the arbitrator was selected and we had the preliminary hearing. During the hearing the lawyer for Citi talked about filing an amendment and if they did that we may need to adjust the schedule to allow for more time to deal with the amendment. After the hearing the Citi lawyer emails everyone and pretty much says the Arbitrator agreed to allow the amendment. (I responded and objected because that never happened, we only agreed to adjust the schedule if we had to deal with an amendment.) The arbitrator replied that he will agree to see the amendment and decide on it when he gets it. So Citi sent their amendment with an additional claim, another card that is totally seperate. I objected of course and the arbitrator did not side with me. My objection is because the card agreement states (see bold section below): Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts, or corporate affiliates are here considered as one person. The arbitrator states that individual basis means: ""individual basis" in the Card Agreement means a one-on-one dispute between a cardholder and Citibank - as opposed to a class action dispute in which the cardholder is one of many class action members. It does not mean that each dispute between the single cardholder and Citibank must be individually disputed in court or arbitration." Am I the dumb one or is this arbitrator wrong?
  12. what? lol, seriously? They paid the $300 filing fee, $2500 arbitrator fee, $1400 case fee, on a $3400 debt? So $4200 < $3400. Lawyers must be math geniuses. What happened with the case?
  13. Oyy you're being hard on me. I wasn't really planning on trying too hard this go, I really want to just get to the appeal stage so they will finally not pay and the case gets completely dismissed... If they actually do pay for the appeal, then heck they deserve to win, heh. But honestly, my baby is teething now, my toddler is a handful, I have health issues and life is short... There is not much on these forums or other ones on how to actually defend your case in arbitration, nor any counterclaims, etc... The only person I have read about is where he claimed damages for the data breach...
  14. I counterclaimed everything I put in the post above yours. I just put TBD in the claim $ amount though... I should probably also add that I would like an arbitrator who was previously aware of "Pro se pleadings are to be liberally construed. See Martin v. Overton"...
  15. Well looks like citi paid their deposit. Now they got another bill of $1400. Shame, that they are going to pay more to go through arbitration than the debt is worth. I filed counterclaims, but I could use assistance with how to file motions and other stuff to defend my claims. Citi blocked my online account access while my cards were still active. I did call them but they demanded full payment on my accounts to get access back, the csr was very rude and pretty much refused to do anything for me. I also stopped getting paper statements as soon as I was late the first month. Also they called my cell phone at all hours of the day/night and they were relentless, my phone pretty much became useless, cancelled that number like a year later. They call all my family members, and even distant family members and tell them I owe Citi money, the family members tell them not to call and they call again anyway. They had multiple data breaches while my accounts were open, my personal information had been compromised, and because they stopped sending me statements I do not know what the charges were and how the balances became as high as they are now.
  16. well, I just recently received letters that seem like the cases are going through. I am supposed to file an answer by tomorrow (I'm sorry, I do things at the last minute all the time). Citi is also supposed to pay their $2500 arbitrator compensation per case by tomorrow, lol. Maybe they thought $500 is all it took to do arbitration, lol. I emailed AAA asking what is going on and what exactly are the new "adequate and broadly acceptable due process protocols specific to these cases" that they are continuing with them... It seems like there may be a bit of bias off the bat as AAA is disregarding its own policy for the business at the start of the case already, heh...
  17. Yea well, I did not opt out and they put it into their contract on their own. I didn't force them to put that provision in there... Its in a way similar to a non disclosure agreement or a release of liability agreement...
  18. Isn't that the whole point of the arbitration provision. To deny consumers a public forum from hearing their claims. So any wrongdoing on their part will never be public record...
  19. Well I did email the lawyer and let him know that I know that the claim was denied, and I made a settlement offer. I made a settlement offer before as well and they never replied. I will give them a call after new years, its a busy time now...
  20. Its not my fault either. But 1stStep is right. If they do try to litigate the claim in court again they will violate the Cardholder Agreement. They did put these 2 lines in their Arbitration provision: If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Arbitration shall be conducted by the American Arbitration Association (“AAA”) according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed (“AAA Rules”), except where those rules conflict with this arbitration provision. So even though AAA rules say they can go back to court, they actually cant because of the BOLD section in their arbitration provision. If it was the other way around, and I tried to take them back to court, they would fight tooth and nail, and any sane judge would side with them. But I know for a fact that there are a whole lot of non sane judges out there... Keep in mind, even though the Arbitration provision is an option, the Arbitration provision does not state anywhere that if elected Arbitration must be initiated or completed or anything. I dont know all the other Federal or State rules, but I still have not found anything anywhere that says that if elected Arbitration must be initiated or completed... I do know that everyone including judges and lawyers believe that the Motion to compel arbitration is a way to force the other party to do Arbitration. But it is being misused when it forces a Defendant to file a claim against himself on behalf of the Plaintiff, and end up paying a $200 filing fee, whereas if the business filed there is no fee. But the fee is not even the point, there is nothing that states who must file the arbitration claim, and thinking logically why would anyone file a claim against themselves?
  21. Yea I know. I was just hoping to leave that in the dark unless that was clear to the lawyer or judge... Would be nice to use the fact that AAA has denied them the case based on public discourse and their case experience...
  22. My objective is to allow time for negotiating a better settlement or hopefully they would just drop it due to the high cost of arbitration...
  23. I filed the motion to compel along with the election to arbitrate within my Answer. Citi filed a Motion for Stay to start arbitration. Their motion was granted, mine was marked off by the Judge. Last week I got citi's AAA demand for arbitration papers. Today I received a letter from AAA: Dear Parties: This will acknowledge receipt of a demand for consumer arbitration filed by the business pursuant to an arbitration clause in a customer agreement. Based on public discourse and evaluation of our case experience, the American Arbitration Association ("AAA") has determined not to accept new consumer debt arbitration filings filed by the business. This policy will be in effect until such time as the AAA determines that adequate and broadly acceptable due process protocols specific to these cases are in place. It is our intention to engage in earnest dialogue with a diversity of interest groups on what constitutes a proper protocol framework for these matters. For more detailed information about the AAA's position on debt collection arbitration please visit our website at www.adr.org. Accordingly, we have administratively closed our file. Pursuant to R-1(d) of the Consumer Arbitration Rules, should the AAA decline to administer an arbitration, either party may choose to submit its dispute to the appropriate court for resolution. Any payments sent by the filing party will be refunded under separate cover. Pursuant to the AAA's current policy, in the normal course of our administration, the AAA may maintain certain electronic case documents in our electronic records system. Such electronic documents may not constitute a complete case file. Other than certain types of electronic case documents that the AAA maintains indefinitely, electronic case documents will be destroyed 18 months after the date of this letter. The AAA remains available to assist the parties in the use of voluntary dispute resolution mechanisms, both binding and non-binding. We encourage the parties to review these options on our website, www.adr.org, and please email ConsumerFiling@adr.org if you wish to take advantage of these services or if you have any questions about our poliocies. Sincerely, ... Now what do I do? It looks like it will be pretty obvious that Citi will try to take this back to court, even though our cardmember agreement specifically states: If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim... Should I file a motion to dismiss based on the fact that AAA in its decline letter places blame on the business for declining the arbitration?
  24. Luckily x-rays and cat scans did not find a clot, but I was misdiagnosed the first time I had it, so it is still a little worrisome. Anyways, I did not get a chance to write up the reply until today. I also got a letter yesterday and have a short calendar date for my motion to compel and their objection. Is it too late to have the judge see my reply to their objection? I would put it in anyway, and if they do by some idiotic miracle grant amex their objection I guess I would have to ask the judge to reconsider, since the amex lawyer was just making stuff up.... Also, I don't really know where or how to find any state specific case law for this, so I was just going to point out what the contract actually says, and maybe point out that on the jams demand for arbitration form it states that you can submit a motion to compel and the application is only for a claimant, in which amex would be the claimant since they are suing me...
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