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pricelessinsc

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  1. Thank you!! I appreciate your feedback. Every post is helpful and calming, just knowing there are others! Have a safe weekend.
  2. That is awesome! I have filed my objection to the motion for summary judgement but I have no idea what will happen at this point. I don't want to be stuck paying them the full amount plus their attorney fees so I am wigging out a bit.
  3. Thank you for the information. How did you fair with Velocity? Will they accept a lower settlement amount?
  4. Thank you. I will file the objection today and mail out in the morning. I appreciate you sharing your personal situation. I hope for a similar outcome.
  5. No I am sorry for the confusion. Here is the email I received after filing with AAA. "Dear Parties: Claimant has filed with us a demand for arbitration. We note that the arbitration clause provides for arbitration by the American Arbitration Association (“AAA”). Prior to the filing of this arbitration, Velocity Investments, LLC failed to comply with the AAA’s policies regarding consumer claims. Accordingly, we must decline to administer this claim and any other claims between Velocity Investments, LLC and its consumers at this time. These policies can be found on our web site, www.adr.org, in the Consumer Due Process Protocol (“Protocol”) and the Consumer Arbitration Rules (“Consumer Rules”), including the Costs of Arbitration. Accordingly, we have administratively closed our file and will refund any payment received by the filing party. According to R-1(d) of the Consumer Rules, should the AAA decline to administer an arbitration, either party may choose to submit its dispute to the appropriate court for resolution. If you believe we have declined this matter in error, please email ConsumerFiling@adr.org. 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 3 months after the date of this letter. If Velocity Investments, LLC advises the AAA in the future of its intention to comply with the AAA’s Consumer Arbitration Rules and if applicable, resolves any outstanding payment obligations, the AAA may consider at its sole discretion, accepting newly filed consumer cases going forward. Therefore, if Velocity Investments, LLC wishes for the AAA to consider accepting consumer disputes going forward, Velocity Investments, LLC must, at a minimum, register its clause on the Consumer Clause Registry on our website, www.adr.org/clauseregistry. Upon completion of the registration process and confirmation from the AAA that Velocity Investments, LLC is now active on the Consumer Clause Registry, Velocity Investments, LLC is responsible for informing all parties that Claimant may re-file their claim."
  6. In my thoughts, they failed to maintain their relationship with AAA, failing to make arbitration available as a remedy for any complaints in the contract. Am I in error?
  7. I am still active with this case! The court has not taken any action at all. Not one thing. I have submitted motions for arbitration and for stay of discovery. On 8/16, I received a motion for summary judgement from Clarkson. Please tell me what is the "demand form". I sent the request for arbitration to AAA and received notice from them (they CC Clarkson and Hale) that their relationship with Velocity is no longer in effect so I cannot use them for arbitration. So it seems Velocity/Clarkson is in breach of required contract terms. I am just so defeated because I feel like the court is just ignoring until the Plaintiff requests the summary judgement.
  8. Thank you for all of your help. I did not submit a proposed order. I completed Section I and III only because I requested a hearing. MOTION HEARING REQUESTED (attach written motion and complete SECTIONS I and III). The option to submit a proposed order was in Section II. Thanks. Taking a look at the content.
  9. Update: It seems there has been NO help on this topic which is very disappointing. 4/15 filed with SC Clerk of Court, Common Pleas - 1) Answer, 2) Motion to dismiss/Compel private arbitration with AAA (paid $25 fee), 3) Affidavit of Fact that Promissory Note was a true and complete copy 4/15 mailed all of the above to opposing counsel. 5/1 received "Plaintiffs First Set of Interrogatories to Defendant" 5/17 filed with SC Clerk of Court, Common Pleas - Affidavit of Service of Answer/Motion (not yet visible in online Public Index) To date: 1. Public Index shows Motion received but no date for hearing (requested 15 min hearing with NO court reporter) 2. Public Index does NOT show Plaintiff's First Set of Interrogatories to Defendant Made several calls to Common Pleas over the past 2 weeks and they have not been returned. I am now calling daily for the following. 1. The Public Index shows the motion two times with 2 charges but only 1 document. The portal shows a balance due of $25. Is this an error? 2. Question: Was my motion complete (has it been accepted)? 3. Question: Do I have a court date assigned for the hearing (should I do anything to make that happen? when can I expect the date?)(Info: Courts in SC have resumed operations.) Here is my question if anyone can help? How should I answer the interrogatories? Should I answer each request as "Objection due to jurisdictional issue addressed in pending MTC" OR must I file an objection to the Interrogatories with the court saying that I previously filed an MTC asserting that 'This Court has no jurisdiction over this case, therefore, pursuant to SC Uniform Arbitration Act Title 15, Chapter 48, SECTION 15-48-80, "(a) The arbitrators may issue (cause to be issued) subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths." and ask that my MTC be granted and private arbitration with AAA is ordered.' (I read the below post) https://www.creditinfocenter.com/community/topic/331391-received-court-summons-from-velocity-investments-need-help/#comments Thanks, in advance, for any help. Also, I will continue to update here in case someone needs this info later (happy to answer any questions).
  10. Docs electronically filed 3/2/21 1) Summons (30 days after service to submit answer) 2) Complaint 3) Affidavit of Account (Velocity compliance officer certifying their documents show I owe this debt) Served 3/18/21 Prosper balance: $7839.42 Court of Common Pleas South Carolina I am moderately familiar with court documents and feel I can create and file required documents. I have reviewed this thread and made notes about my case. I plan to file 3 documents: 1) Answer - including "In your answer, after you deny all allegations in the complaint, you should create a new section with the following title: “Affirmative Defense”. Under this heading you will state “Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”." 2) Motion to dismiss/Compel private arbitration with JAMS or AAA 3) Affidavit of Fact - "an affidavit that testifies that the included Card Agreement you are submitting is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise"." I have a few questions which probably mean I am overthinking this entire process. 1. Should I use JAMS or AAA and why? Time is not an issue for me. I have plenty of time but also able to settle for about $3000 out of pocket. I want to make sure that at the completion of arbitration, I am not hit with the arbitration fees. 2. Does anyone here have experience dealing with this in SC? 3. What should be an expected settlement? Prosper 2018 Promissory Note re: Arbitration 18. Arbitration. RESOLUTION OF DISPUTES: I HAVE READ THIS PROVISION CAREFULLY, AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION, AS PROVIDED IN PARAGRAPH (i) BELOW. (a) In this Resolution of Disputes provision: (i) “I,” “me” and “my” mean the promisor under this Note, as well as any person claiming through such promisor; (ii) “You” and “your” mean WebBank, any person servicing this Note for WebBank, any subsequent holders of this Note or any interest in this Note, any person servicing this Note for such subsequent holder of this note, and each of their respective parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as the officers, directors, and employees of each of them; and (iii) “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Note or the relationship between you and me (including claims arising prior to or after the date of the Note, and claims that are currently the subject of purported class action litigation in which I am not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Note or the validity or enforceability of this Section. (b) Any Claim shall be resolved, upon the election of either you or me, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed (“Rules”). Any arbitration under this arbitration agreement will take place on an individual basis; class arbitrations and class actions are not permitted. If I file a claim, I may choose the administrator; if you file a claim, you may choose the administrator, but you agree to change to the other permitted administrator at my request (assuming that the other administrator is available). I can obtain the Rules and other information about initiating arbitration by contacting the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; or by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614, (949) 224-1810, www.jamsadr.com. Your address for serving any arbitration demand or claim is WebBank, c/o Prosper Marketplace, Inc., 221 Main Street, Third Floor, San Francisco, CA 94105, Attention: Legal Department. (c) Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years’ experience. You agree not to invoke your right to elect arbitration of an individual Claim filed by me in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court. (d) You will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000, and you will consider my request to pay any additional arbitration costs. If an arbitrator issues an award in your favor, I will not be required to reimburse you for any fees you have previously paid to the administrator or for which you are responsible. If I receive an award from the arbitrator, you will reimburse me for any fees paid by me to the administrator or arbitrator. Each party shall bear its own attorney’s, expert’s and witness fees, which shall not be considered costs of arbitration; however, if a statute gives me the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration. (e) Any in-person arbitration hearing will be held in the city with the federal district court closest to my residence, or in such other location as you and we may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding except that: (1) any party may exercise any appeal right under the FAA; and (2) any party may appeal any award relating to a claim for more than $100,000 to a three I will create all 3 documents and post them here before submitting to the courts next week. Thank you all for your help!!!
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