Linda7
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Hi Linda, what ever happened with this tread= http://www.creditinfocenter.com/community/topic/315329-arbitration-what-do-next/?hl=+jams +pressler
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They could pay at the last minute. Why not wait until the 30 days are past and then email your case manager to see if they paid?
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Linda, I hope you're doing well and I hope you can help me with my question. I just got a voicemail from JAMS asking me what's the amount in dispute, what amount should I tell them? is it the amount Discover is claiming? or should I come up witha differnte number? Thanks in advance.
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It was opened and defaulted the same year? What arbitration choice are you seeing?
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What year was the alleged account opened and what year was the default?
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Elected Arbitration - Sued Anyway - Filed MTD - Plaintiff Dismisses Case!
Linda7 replied to songdog's topic in Arbitration
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If the agreement states that either party may elect arbitration to resolve a dispute and the creditor once notified of the election of arbitration sues you in court, you have them on a nice violation - breach of contract, fdcpa and possible state violations which in some states actually treble the damages. That is why if your agreement says you are entitled to arbitration, it is good to elect it "early" before they sue so that you can use the strategy to rack up some violations against them.
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If you want arbitration, send Asset an election letter. I hope your agreement has JAMS. If it does, make sure to mention that you elect arbitration via JAMS. I'd like to know more about who the OC was and what year the alleged account was opened and what year was the default to determine what agreement might work best. Also the ballpark figure they are trying to collect. Here is a sample election letter - (Make sure to send CRRR) Your name Your address Their name Their address Date Re: Account #___________ Dear __________________, This letter is in response to your lette
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I would definitely "not" let this sit. Capital One took out arbitration in 2010. You did "not" use the card "after" they changed the agreement, therefore they cannot say that by "use" of the card you agreed to their amendment. When you were using the card it did have an arbitration provision and you defaulted "before" they took arbitration out. You need to make sure that JAMS understands this. Look through the statements they sent to you and use those to show that from their own paperwork they are showing a default in 2009 "before" they amended the agreement.
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Some changes I would make if it were me - The first part where it says you are asking for clarification on the arbitration venue - you "aren't" asking for that. Your arbitration venue of JAMS is not the issue. MOTION TO CLARIFY AND TO DISMISS COURT MEDIATION/ JUDICIAL ARBITRATION *I'm not sure about this title. Maybe the clerk could be of some assistance. If they won't help, I think I'd call it "Defendant's Motion to Clarify/Motion to Dismiss Court Mediation" NOW COMES Defendant, YYYYY and requests this Honorable Court to uphold the court order of Judge so and so which was granted
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I'm still having internet issues, so I can't type much as it will be going out. Read this - http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/21f7da820f98c859852572330056638e!OpenDocument&Highlight=0,* There should be some cites that you can use. Also note that it states about showing a valid agreement, etc., and you have met that standard.
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I would take that as their refusal and would also point that out to the judge. Still having internet problems. So, can't stay here long to read much or research. PM BV80 and ask if they know of any case law to cite. I know for a fact that there should be several.
