Linda7

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Everything posted by Linda7

  1. 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?
  2. It was opened and defaulted the same year? What arbitration choice are you seeing?
  3. What year was the alleged account opened and what year was the default?
  4. 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.
  5. 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
  6. 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.
  7. 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
  8. 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.
  9. 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.
  10. What year was the alleged account opened and what year was the default?
  11. I will try and look up the agreements, but I'll make this post before the internet goes out again. If it were me, I would have said "more" in regard to the agreements than you have listed above. In particular since you are up against a JDB, I would have shown from the agreement "who" falls under the arbitration provision. It is not only for the original creditor, but for their successors, etc. The judge needs to see that. And of course I would show from the agreement any part of "what" claims are covered, etc. The judge can then see (and highlight on the agreements that part where it
  12. At a quick glance, I don't even see a date (2013) on what you showed (this is good). I would use the 2013 agreement and see if it will fly. Being you are up against a JDB, they might not even know that there is a difference in the agreements. When you send things, be sure and send to "both" the JDB "and" their attorney (CRRR).
  13. My internet keeps going out, so excuse the times I'm not replying. Also in my post above, the *c is displaying as a copyright symbol. I've tried to correct it, but the editor will not let me. In your MTC did you use the language of the FAA and the AT&T vs Concepcion case? Also, I'm a little confused as it seems that you answered two claims by filing one MTC arbitration? Are you being sued by the same plaintiff on both cases?
  14. If it were me, I'd drive home the following points. The Kansas uniform arbitration act - 5-401.Validity of arbitration agreement. (a) A written agreement to submit any existing controversy to arbitration is valid, enforceable and irrevocable except upon such grounds as exist at law or in equity for the revocation of any contract. ( Except as provided in subsection ©, a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable except upon such grounds as exist at law or in equity for the revocation o
  15. What is the ballpark amount they are trying to collect? If it were me I'd elect arbitration via JAMS "now" by sending the election notice to both Asset and their attorney. On the Dell agreement here - https://dl.dropboxusercontent.com/u/98854297/Dell%20Preferred%20WebBank%20no%20date%20%28JAMS%29.pdf it says that your cost would only be $125 with Asset bearing all the other costs. After the election notice was sent, I would then answer the summons and use the defense of the election of arbitration within your answer. I would also file a MTC arbitration with the court at the same time.
  16. Be sure and look for state violations as the FDCPA does "not" apply to OC's. Often times a state consumer law will mimic the FDCPA and at times will treble the damages. State violations can apply to the OC. Also remember, the attorney can be held to the FDCPA - "Originally the FDCPA did not apply to attorneys. However, the FDCPA was amended in 1986 and the exclusion for attorneys was removed. Today an attorney is a Debt Collector subject to the FDCPA if the attorney regularly tries to obtain payments of consumer debts due to another, even if the method of collection is primarily through
  17. I've had a few friends in NY go through arbitration. They elected arbitration by sending a notice to the creditor "and" their attorney who had brought the suit. Then they filed an answer along with their MTC arbitration. Read through the thread - Strategy and Steps of Arbitration as there are samples in that thread.
  18. Paula, be sure to read this thread at debtorboards - http://www.debtorboards.com/index.php?topic=25640.0 There are several members there that have gone up against the same OC with JAMS and were successful. After you read through the thread, I'd post in the arbitration forum and let them know where you are with your case and get their input as well. You might also send some pms to those that you see have posted in that thread and get their input into how to negotiate with this particular OC. You have them right where you want them!
  19. Read post #11 of this thread and you will find the answers to your questions. If you still have questions, post back and let us know.
  20. You are absolutely correct on this! I only read the last post. If the suit had already been filed with the court then tolling would have started. OP, not knowing your court's rules - please repost and let us know. If the suit was filed the SOL could not have been reached at this time. This would mean that the SOL time clock stopped when the suit was filed. You would not have gained any time toward the SOL defense during this time. Let's pretend your SOL is 4 years and it was 3 1/2 years when the suit was filed. No matter that several months have passed, you're stuck at 3 1/2 years. It
  21. xavi72 said that the SOL has been reached and "before" the lawsuit was filed. Great job!
  22. The JDB is not responsible for the listing from the original creditor. As for the JAMS fee, who was the original creditor and what year agreement did you use when you initiated JAMS?
  23. And another sample - Here's a template below - be careful though as the words quoted I believe are from a Chase agreement and the creditor was Main Street Acquisitions. Read it through and you'll get the gist of it. Your NameYour Address Their NameTheir Address Attorney's NameAttorney's address Re: Case/claim number Date Dear Main Street Acquisitions and the law firm of __________________________, This letter is in regard to the court case referenced above. Pursuant to the terms of the agreement, I elected arbitration via JAMS and filed a motion to compel arbitration through the court whic
  24. Below is a "sample" letter that can be sent to the creditor and their attorney "after" your MTC arbitration has been granted. They know at that time that they have been ordered into arbitration and letters like below are often welcomed as it gives them the opportunity to get out of arbitration and "not" pay the high fees associated with it. The sample below is using Midland as the creditor and a Chase agreement. Be careful and adjust to your own case and agreement. Your Name/Address Midland's Name/Address Their attorney's Name/Address Re: Case/claim #_______________________ Date _