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About algae

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  1. We have received two letters from a Collection Agency "hired by" the OC after JAMS Arb had commenced. This same CA appears on our credit report as having made an inquiry a month after Arb commenced as well. Is this a violation against the OC that can be "claimed" in Arb? Algae
  2. Yes, if it has a survivability clause. This strategy worked for me against Cap 1, and got me out of court & in to arbitration. algae
  3. deadbeat, I'm in a similar situation as you were with Cap 1. I also have two accounts, although they actually DID pay their $550 and initiate JAMS on the lessor one. As a result, I'm a little nervous that they'll certainly do the same for the larger one. How did your story end? Algae
  4. Cap 1 accepted my JAMS Demand as well. In fact, they accepted it even though the account went into default after they had removed the arb clause. I just used an older copy with the survival clause included. algae
  5. Linda7, Thank you SO much for your time and detailed explanation of the arbitration process. I need some help with my JAMS Formal Complaint. The details of our case follow. We were sued by Cap 1 (Hannah & Assoc). We prepared our answer, elected to compel arbitration, and went to court. At roll call, the Hannah attorney said they would "stay" their legal action and recognize our election of arbitration. We initiated arbitration, even payed our $250, and sent registered copies to everyone involved. We subsequently received notice that Cap 1 had elected a different law firm to represent them (PM me for name, if needed), and were notified by JAMS that Cap 1 had (presumably) paid their $550, and that arbitration had been initiated. Of course we were out of town when they initiated, and now have to prepare and mail out our Formal Complaint ASAP! (Lesson to lurkers: start preparing our Formal Complaint as soon as you elect arbitration! I wasn't in a hurry, because I honestly thought they would never initiate with such a small balance...and was wrong.) We're sorting through the strike list right now, but would really love to see someone's sample Formal Complaint. Any chance you (or someone) could either forward to me, or post, their Formal Complaint for us to reference? Thanks, Algae
  6. inthesticks, No, the card was not used during 2010. Thanks for that bit of info...every bit helps!
  7. Thanks chiquita55...I'll continue reading the forum tonight and tomorrow, but I'm thinking the best option may be to file a combined "Pre-Answer Motion to Dismiss and Compel Binding Private Arbitration" with the older Capital One Cardholder Agreement's survival clause, the FAA, AT&T vs Concepcion, and my JAMS application (which I guess I'll make tomorrow) as attachments. Does that sound like a reasonable plan?
  8. First, thanks so much to all of the contributors to this forum...what a wealth of knowledge! Now, on to my dilemma. My wife has been sued by Capital One, and here are the facts so far: - Initial letter received from OC's attorney (Hanna and Associates in Georgia) Aug 2010 - DV letter sent promptly election of arbitration made at that time (didn't discover that option until this week...on this forum) - Acknowledgement of DV letter received from attorney later in same month (Aug 2010). - Served Nov 2011 with Statement of Claim indicating Capital One Bank as Plaintiff (using Hanna & Associates' address). Capital One 2010 Customer Agreement attached...the one without arbitration. - Alleged debt appears on all three credit reports: Date Opened - Mar '09, Last Payment - Aug '10, and Charge Off - Apr '11 While reading this forum to prepare a Motion to Dismiss, I discovered the Arbitration option. But, I'm now confused as to whether I should file a MTC Arbitration (JAMS) based on the 2008 Cardholder Agreement (that included JAMS option) or file a MTD. Some say that since the account was not charged off until Apr '11 that the new agreement is in effect, and arbitration is off the table. Others state that since the card was issued in Mar '09, the old agreement applies and has some sort of "survivability clause". I have to answer by this Friday. I've been reading (this forum) for two days straight now, and am still not sure which way to go. What if I file MTC for Arbitration and am later denied by the court? Won't it then be too late to file a MTD? And I've also read that I shouldn't file both, because filing a MTD will negate the request for arbitration (by indicating that I "want to" litigate the dispute). So much to little time! Thanks in advance for your help. Algae
  9. I desperately need a copy of the 2009 Capital One Cardholder Agreement. This is driven by the fact that my wife is being sued by Capital One (Hanna & Associates) in GA...regarding a card that was opened in March of 2009. I believe the 2008 agreement will obviously not apply, and they've attached a copy of the 2010 agreement to their Statement of Claim...which does not include Arbitration/JAMS. I need the 2009 agreement to include with my MTC Arbitration, which I must file this week. New to this and learning fast! Thanks in advance - Algae
  10. Thanks for this thread...and thanks to Admin for making it a Sticky. My wife was served by Hanna representing Midland in Georgia, and we've answered the complaint...but, it sounds like we've got a lot more work ahead of us. Algae
  11. My wife just received (last week) a claim from Hanna on behalf of Midland Funding as well. This IS our first rodeo. Thanks for the info...any update? algae