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About peanut835

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  1. Thanks again. I'm a little confused. What do you think about going at it like this? I use the 2003 agreement, if the JDB collector states that the agreement is outdated and they want to use a more recent one (assuming the judge sides with them), then I pull out the 2008 agreement which states to use NAF. However we know NAF is no longer an option and I can argue that in the past JAMS was used so it is definitely a viable substitute. That way it only makes sense to use JAMS instead of AAA. Thoughts?
  2. Account was opened in 2007 default was in 2008. Couldn't I argue that if they have the right to chose I do as well? In my original thread "Savior" posted "...... my 2006 agreement states that " If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure." Your 2008 agreement may have similar language. I elected arbitration with JAMS against BofA using the theory that if they can substitute, so could I. BofA dismissed the day before trial." What do you think should I use the 2008 agreement which specifies NAF and use the above theory. Or should I use the 2003 agreement which clearly states JAMS and have them state that it is outdated? Thanks FYI your thread on steps of arbitration is AMAZING!!!
  3. Can you just check my demand to file arbitration really quick please Was served summons, agreement states NAF but NAF can no longer handle consumer claims so demanding JAMS. Need fees advanced. peanut835 planters way Cavalry SPV I, LLC Hawthorne, NY August 16, 2012 Civil Action No. xxxxxxxxx NOTICE OF ARBITRATION ELECTION Pursuant to Bank of America credit agreement, I ELECT arbitration via “JAMS” to resolve all of our disputes. As per the agreement, "YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS.” The agreement further states, "If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure." As of July 24, 2009, the NAF voluntarily ceased to administer consumer arbitration disputes. Therefore, I elect “JAMS” to resolve all of our disputes. Pursuant to the agreement, I am also requesting an advancement of the fees. “At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration.” As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration. All phone calls are inconvenient, so all communications need to be by mail. __________________ peanut835 Certified Return Receipt #_________________________ (Agreement Attached) thanks
  4. Hello, here is my original post After some reading and some advice from some of the wonderful users I have determined to go into arbitration. (Feel free to read original post) My questions are how do I go about demanding arbitration? The law suit has been served however I still have 10-15 days to file my answers to the complaint. To demand arbitration, do I submit answers to my complaint, and put a clause somewhere on it stating that I elect arbitration? Or can I avoid my answers all together? Also which parties do I inform? -Court -Plaintiff's Lawyer -JDB Collecter -Original Creditor All of the above? Thank you all for your help thus far!
  5. So how do I demand to go into arbitration? I have some time before I am obliged to submit my response to the complaint but I want to take it into arbitration. Do I still need to submit my responses or can I just submit my demand for arb? Also how do I go about it? Which parties need to be informed? Lawyer, Court, BOA?
  6. Thanks a lot for your input. However MA S.O.L. is 6 years. It's Delaware's SOL that is 3 years. In MA where the "Agreement" was signed I am still within the SOL, hence why I was wondering if I could push it into ARB and have them determine that the choice of law would be Delaware. Simply, because in the "Agreement", B.O.A. clearly states that they use Delaware law to determine things such as credit lines and interest rates because B.O.A. is a Delaware based company as most banks are. Please advise. Cheers
  7. Haha thanks man. I have no idea what I need to do to proceed. I am brand new to this and have a few questions. 1.) Can I use the 2003 agreement even though my account was opened in '07 and closed in '08.? I would prefer JAMS 2.) If I do take this to arbitration, do I still need to submit answers to the complaints? 3.) What is the likelihood that JAMS will take the S.O.L. from Delaware vs Massachusetts into account when it comes to this particular case? What steps do I take? -Contact JAMS -Send letter to court -Send letter to lawyer
  8. Thanks for the quick reply(s) Kent & ColtFan Unfortunately I still can not post links but I do have the actual files for both the 2003 agreement and the 2008 agreement in PDF forms. Again please let me know if anyone needs them 2003 Arbitration Clause is as Follow Bank of America 2008 Arbitration Clause is as follows Sorry for the long posts guys. I just want to help you out as best I can so you can help me. Please let me know how you recommend I should proceed. Thanks again and let me know if you need any more information. Cheers
  9. Hi guys, so I opened a CC when I was 18 (2008) for some reason they gave me a huge limit I was careless and now I am being sued. I did a lot of research in the forum and think I still might have a chance, but this is where I ask you guys who have way more experience in this then I do. I noticed that I should have sent a "DV letter" to the lawyer however I never received anything before the summons, I def. would have sent it and sent the case right into arbitration but now I have 20 days to respond to the complaint and provide my answers and it's too late to ask for a "DV Letter" I know that in MA the SOL is 6 years and I also know that Bank of America is a DE based company and the SOL in that state is 3 years. I was doing some reading and I think I can fight this case through arbitration, under the grounds that adopting DE law is more suited for this particular case because the credit line, interest rate, calculated under Delaware law. PLEASE correct me if I am wrong. My main question is... Since I have already been issued a summons, hand delivered to my house, and the law suit has technically been filed (or so I think it has) Is there any way I can put the case on hold and go right into arbitration? The case is brand new and I only received the summons yesterday. I did a lot of searching and came across a few copies of BOA's credit card agreements (if any of you need these agreements please let me know!!) -2003: JAMS -2006: NAF -2008: NAF I also know that NAF no longer handles credit care arbitration cases and they are usually more inclined to take sides with the plaintiff. So obviously I would try to go through JAMS. ****Question Template**** 1. Who is the named plaintiff in the suit? -Cavalry SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A, 2. What is the name of the law firm handling the suit? -The Law Offices of Goldberg & Oriel (Framingham, MA) 3. How much are you being sued for? -Total $8,706.94 - Principle $4,664.16 + Int. $4,042.78 -Statutory Interest - (12% per annum from May 23, 2012 on or before which date demanded for payment was duly made) -costs and attorney’s fees 4. Who is the original creditor? (if not the Plaintiff) -Bank of America / FIA Card Services 5. How do you know you are being sued? (You were served, right?) -Received summons 6. How were you served? (Mail, In person, Notice on door) -Mail 7. Was the service legal as required by your state? -Yes, was dropped off at my home 8. What was your correspondence (if any) with the people suing you before you think you were being sued? -Was aware of the debt, was not aware of the law suit/summons 9. What state and county do you live in? -Massachusetts, Essex County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -On or about November 29, 2008 Bank of America charged-off the balance due under the Agreement. 11. What is the SOL on the debt? -Massachusetts - 6 years -Delaware - 3 years 12.What is the status of your case? Suit served? Motions filed? -Received summons yesterday (Aug. 1, 2012)…Suit served? 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) -No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. -No, I had no idea I was being summoned 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? -20 Days (August 21, 2012) INTRODUCTORY STATEMENT The Plaintiff seeks certain damages from the Defendant for Breach of Cardholder Agreement. THE PARTIES 1. The Plaintiff, CAVALRY SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A., is a limited liability company duly organized by law having a usual place of business in Hawthorne, NY. 2. The Defandant, “Peanut835”, is an individual having a usual place of residence at “name of street” “name of city”, Essex County, MA COUNT I (For Breach of Cardholder Agreement) 3. The Plaintiff re-avers, re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1-2 above with the same full force and effect as if expressly set forth herein. 4. On or about June 25, 2007, the Defendant entered into, executed and delivered to Bank of America / FIA Card Services, N.A. (“BOA”) a Cardholder agreement (“Agreement”) wherein BOA provided the Defendant with a credit card account (numbered XXXX-XXXX-XXXX-XXXX) and wherein the Defendant agreed to pay BOA and/or its assigns all balances due thereunder. 5. Thereafter, the Defendant defaulted on the agreement by failing, refusing or neglecting to fully pay all balances as and when due thereafter. 6. On or about November 29, 2008, BOA charged-off the balance due under the Agreement. 7. On or about October 25, 2011, BOA assigned all of its right, title and interest in and to the Agreement to the Plaintiff. 8. Thereafter, the Defendant failed, refused or neglected to pay the Plaintiff pursuant to the Agreement despite the Plaintiff’s demands for payment. 9. The principal balance due under the “Agreement” is $4,664,16 and interest has accrued thereon pursuant to the terms of the Agreement in the sum of $4,04278 10. The Defendant thus owes the Plaintiff the total sum of $8,706.94 plus statutory interest thereon at a rate of 12% per annum from May 23, 2012 on or before which date demand for payment was duly made, costs and attorney’s fees. WHEREFORE, the plaintiff demands Judgment against the Defendant in the total sum of $8,706.94 plus statutory interest thereon at a rate of 12% per annum from May 23, 2012, on or before which date demand for payment was duly made, costs and attorney’s fees and the entry of such further relief as this Honorable Court should deem just and proper. 16. What evidence did they send with the summons? -Complaint Letter -“Statement of damages” listing: -Contract claim -Plaintiff and defendant name / address -amount of contract claim Thanks in advanced to all who contribute...I will be checking this thread frequently and will respond in a fairly quick time so all your questions/comments will be answered and appreciated