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Linda7 last won the day on December 18 2018

Linda7 had the most liked content!

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  1. Do you still post on the board?  If so, I have a question about arbitration.  

  2. Hello,

    I have been reading your post and I love the advice you give. Could I ask for your assistance please with a case in ga.? My wife is being sued by midland and I want to take the motion to stike approach. 

  3. Going to the bitter end with C1 in arbitration. Unbelievable

  4. 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?
  5. 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.

  6. It was opened and defaulted the same year? What arbitration choice are you seeing?
  7. What year was the alleged account opened and what year was the default?
  8. 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.
  9. 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 letter dated XXXX and received on XXXX, regarding the collection on the account number listed above. I dispute this alleged account and elect private contractual arbitration via JAMS to resolve the dispute. Regards, Your name typed *Depending on who the OC was - the above sample might change a tad.
  10. 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.
  11. 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 on such and such a date. 1. That on or about October 2, 2013, Plaintiff filed its Complaint against Defendant, Defendant being served on November 6, 2013. 2. Defendant in this matter filed a response, at the same time moved the court to compel private contractual binding, arbitration pursuant to the terms and conditions of the American Express Premium Rewards Gold Card Agreement and the Federal Arbitration Act,(9 U.S.C. §1-16(2006) which governs the arbitration provision. 3. Defendant's Motion to compel binding contractual arbitration was "granted" by the Honorable Judge XXXXX on 20 November, 2013 with the stipulation that Defendant was to initiate within thirty (30) days. Defendant followed the court order and initiated on 17 December, 2013 (see Exhibit "B", attached) which falls within the thirty (30) days allowed by the court. 4. Defendant initiated pursuant to the terms of the governing agreement and has paid their arbitration fees. (Exhibit) 5. Plaintiff, in total disregard of Judge so and so's order filed a motion for mediation with this court instead of following Defendant into arbitration. CONCLUSION **Changed a little bit, read carefully An agreement with an arbitration provision has been shown which binds both the Plaintiff and the Defendant. The Defendant compelled the Court for private/contractual arbitration pursuant to the rules of the governing agreement. The Court granted the Defendant's motion to compel arbitration with the stipulation that the Defendant would initiate within thirty (30) days. Defendant initiated as ordered within the thirty (30) days and has paid their part of the initiation fees. Plaintiff has still not paid their part of the arbitration initiation fees and is delaying the arbitration as ordered by the Court and instead has filed a motion for court mediation. This case between the Plaintiff and the Defendant was bound over to private arbitration and is no longer within the jurisdiction of this Court. However, the Plaintiff continues to litigate in Court by filing a motion for mediation. WHEREFORE, for the foregoing reasons, the Defendant respectfully requests this Court to dismiss the Plaintiff's court mediation and to compel the Plaintiff to follow the Defendant into arbitration as previously ordered by this Court. Respectfully submitted *I really don't think the part below is part of this argument. You have already won the MTC arbitration. You just need the judge to realize that he isn't following his own order and you need to clarify that you did follow the order. American Express Premium Rewards Gold Card Agreement arbitration provision states: "Any claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration provision. Claims shall be referred to either JAMS or the American Arbitration Association (AAA), as selected by the party electing to use arbitration. This Arbitration provision is made pursuant to transactions involving interstate commerce and shall be governed by the FAA. Arbitration hearings you attend shall take place in the federal judicial district of your residence." 5. “The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or any allegation of waiver, delay, or a like defense to arbitrability.” Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. at 1. 6. Defendant paid the JAMS consumer fee for arbitration to process. (see Exhibit "C", attached)
  12. 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.
  13. 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.
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