Anonymous Posted November 11, 2002 Report Share Posted November 11, 2002 I have a rather large charge off that has been sold. I believe that my cardholder agreement had an arbitration clause in it. Does this mean that the new owner of the debt is unable to actually "sue" me? What about arbitration? All the arbitration agreements I have read state the "creditor" and never mention assignee's, etc..? Any opinions, or thoughts? Link to comment Share on other sites More sharing options...
admin Posted November 11, 2002 Report Share Posted November 11, 2002 Has someone tried to come after you for this yet? Link to comment Share on other sites More sharing options...
calawyer Posted November 11, 2002 Report Share Posted November 11, 2002 All arbitration agreements are diffeent. Read your agreement carefully. Often the agreement says "if you sue us, you have to arbitrate. If we sue you we can sue in court". Of course, that language would be too simple for a boilerplate agreement, but you get the point. Link to comment Share on other sites More sharing options...
calawyer Posted November 11, 2002 Report Share Posted November 11, 2002 All arbitration agreements are diffeent. Read your agreement carefully. Often the agreement says "if you sue us, you have to arbitrate. If we sue you we can sue in court". Of course, that language would be too simple for a boilerplate agreement, but you get the point. Link to comment Share on other sites More sharing options...
Anonymous Posted November 12, 2002 Author Report Share Posted November 12, 2002 Thanks everyone. No, they haven't tried to come after me yet. I only know that it has been sold because it suddenly showed up on my CR with a notation stating that it was a "Factoring Account". I did some research on the company who purchased the debt and found out that they are quite shady. Actually, the whole thing is a little weird. The new owner of the debt re-aged the account, and tacked on a whole bunch of charges and reported it to both Trans-Union, and Equifax a couple of months ago. About 2 weeks ago I received results from Equifax about some other disputes I had pending (which were removed) and neither account was listed on he updated report that they sent. I also pulled my Trans-Union report last week, and both accounts are gone from there as well, both the OC and new owner. The OC is still showing on my Experian report, but the owner isn't. I am expecting it to show back up down the road with inflated charges, etc., and I will deal with it then. I was just curious about the arbitration agreement. Link to comment Share on other sites More sharing options...
Recommended Posts