Leadhead

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Leadhead last won the day on March 12 2010

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  1. Hello, I was wondering if anyone has a copy of EX's terms & conditions, which includes an arbitration clause, from before April, 2016. I have an issue with them and I used to have their monitoring service back in mid-2014. Thanks
  2. But the claims I am alleging are federal in nature, so federal court is necessary.
  3. The OC hasn't given a reason;they've merely ignored my arbitration demand, which was sent CMRRR. JAMS sent me a letter that JAMS is closing the case, as the OC has failed to pay their necessary fees, pursuant to the OC's contract which states the will. Thus, I need to ask a federal court for an order to compel.
  4. I need to compel a CC company to arbitration, as we have a valid arbitration agreement in the card member agreement. However, the OC is refusing to do so. I've filed in JAMS, paid my fee and the OC is ignoring the demand. The issues involve TILA and FCRA matters, so it appears that I need to file what looks like a petition to compel arbitration in federal court, as federal would have subject matter jurisdiction over the claims. I'm familiar with the normal lawsuit procedure, file complaint, serve defendant, attend scheduling conference, discovery, etc. I've search quite a lot on the procedure involved but admit I'm a tad confused about what exactly encompasses a petition to compel arbitration. In other words, does anyone have a "guide" on exactly what needs to be done?
  5. There's likely merit to an FDCPA case against them, for threatening to put you in jail. I'd likely send them a letter stating I'll not file an FDCPA action against them in exchange for satisfaction of the judgment.
  6. I would also try approaching it from teh point of what the law says. Such as, is there a law, federal or state, that states that when you close a revolving account, does the current cardmember agreement at the time of closing apply?
  7. When you say they lost, what do you mean exactly? Dismissal by the court? With or without prejudice?
  8. If it were me, I'd file a lawsuit against them for impermissibly obtaining your consumer report. They claim they had a valid reason but I'd make them prove it and based on your posted docs, I'd be willing to be they can't evidence they had a PP.
  9. Perhaps if you tell us what you're trying to file, i.e. Motion for Summary Judgment, Motion to Dismiss, whatever, someone may have a template or an actual Motion & Brief for your situation.
  10. You say the suit was back in 2001? The SOL for an FDCPA action is one year.
  11. Did you receive any documentation from the court showing the case was dismissed?
  12. Well I sent Arrow an ITS and draft complaint. They offered $500 to settle. I didn't even counter. Go figure.
  13. Big apologies... I looked at the file and it was a DISPUTE letter, not a C&D. But even if it had been C&D, I maintain that they're still required to send the written notice since under 805© they can send a "final" communication. jezter6, I've done more with less
  14. Well, well, well...I called Arrow today and talked to a rep about not receiving the 5 day letter. She admitted they didn't send it because they received my faxed C&D-dispute letter. This could get interesting.