Verification of Debt and the originals

[linden79]

The chase account I had was charged off, now they have hired an attorney and a suit has insued. Chase claims arbitration award and has gone before the court here in texas to have award enforced. I dont remember signing an agreement to arbitration. I do remember responding to documents requesting a response, and it seemed like my response was not even acknowledged. Anyway, back to suit... I filed an affirmative defense showing (registered mail) that chase failed to verify debt and informed chase they were collaterally estopped from taking any further action, civil and otherwise. Looks like mr attorney went to judge ordering mediation between parties. No word when mediation suppose to take place, still waiting for mediator.

Big question: I remember reading somewhere that I should be able to request all documents and receipts that I signed from chase making me liable, I believe there is a rule somewhere that states the originals must be supplied. any insight? My position is that coming up with the originals is impossible and based on this I should be able to walk away..

ANYONE?

Dwight

[Optimus_SubPrime]

Someone else may follow up with more info for you, but if Chase was your original creditor, they are not bound by the FDCPA and not required to validate. Your CC terms and conditions likely contained a clause stating that by use of your card you agreed to binding arbitration. There is some dispute as to whether these clauses have legal teeth, but I'm not the one to ask about that.

[nascar]

Your CC terms and conditions likely contained a clause stating that by use of your card you agreed to binding arbitration.

I haven't spent much time on the arbitration stuff, but I'm seeing contracts now with a 60 day opt out clause that if not used would certainly, IMO, lock you into binding arb. Now, older contracts may not have had that; I don't know. If not, I would think you could be attack them as adhesion contracts and possibly have the arb clause voided that way. But, like I said, I haven't looked at that much.