trueq Posted November 14, 2009 Report Share Posted November 14, 2009 (edited) Upon popular requestApril 2008 Cap1 suesApril 2008 Answer and counterclaimMay 2008 MTD to dismiss for failure to state a claim. DENIED. Court clerk asks when Cap1 will be filing for SJ!October 2008 Exercise arbitration clause via letterDecember 2008 MTD on Venue grounds because of arbitration clause exerciseJan 2009 Court denies MTD on Venue grounds, but Court orders arbitration, but does not address initiation issue.June 2009 Court orders administrative dismissal for lack of prosecutionJune 2009 Cap1 files for SJ to prevent administrative dismissal. I decide to initiate JAMS after judge indicates he will not force Cap1 to initate in this case. (In essence saying I have to initate if I want arbitration.)June 2009 Initiate with JAMS. Fill out paperwork, file complaint, but do not send $250 consumer fee. Choose JAMS Las Vegas office for location. List my top 3 arbitrator requests. (Consumer is free to choose any JAMS office!)JAMS confirms and I send confirmation paperwork to court.SJ removed from calender. Court permanently stays the case.August 2009 JAMS bills for $250. Local Cap1 legal counsel is fired. Cap1 in-house counsel is handling. Cap1 pays their $150 of initial case mangement feeSeptember 2009 I send in State fee waiver forms for JAMS to get $250 waived. Cap1 and I have several discussions for settlement. No agreement.October 2009 JAMS sends its own California form for fee waiver. JAMS grants fee waiver and commences arbitration on 10/30. Sent a list of 5 arbitrators, each party is asked to strike 2. 2 of my 3 original requested arbitrators are on the list. I strike 2 I don't want. I get my first choice of arbitrator.November 2009. Cap1 hires legal counsel form AL. In theory, under JAMS rules CAP1 answer and counterclaim time expired today. Commencemeent was "adjusted" to 11/13. I objected and it will be issue for arbitrator. Cap1 must pay "retainer fee" for $500/hour arbitrator before preliminary case conference can proceed.Its still unclear whether JAMS will allow Cap1 to counterclaim for underlying alleged debt. Their answer was due today. However, JAMS rules take a "presumption of denial" on silence or tardy answer, so no default arbitration awards are issued. This is very different than court. (courts rack up ignorant defendants in droves....)However, it seems Cap1 will get 14 more days to answer.By 12/1, I will know status of what JAMS will allow on Cap1 counterclaim...if Cap1 does counter. It really does not make me any difference. I want an all out war, and I will grind it forever!Cap1 has already burned more than the underlying claim in attorney's fees alone. This has got to be the dumbest bank on the planet! No wonder they need a government bailout with my tax money! Edited November 14, 2009 by trueq Link to comment Share on other sites More sharing options...
TheBeeGuy Posted November 14, 2009 Report Share Posted November 14, 2009 I'm curious. What was the amount they claimed was owed in their complaint?I've got several CO CC debts that I will probably end up getting sued on. One is over $10k but most are (currently) under $2,500. Link to comment Share on other sites More sharing options...
trueq Posted November 14, 2009 Author Report Share Posted November 14, 2009 $3000 on the other Cap one case. i talked with an attorney on just analyzing the attorney "time" I have cost Cap1 so far. He estimates $15,000, conservatively.i'm "OK" with whatever happens in JAMS. Cap1 sued me without complying with the "notice of right to cure default" required 15 days before suitin my state. Cap1 needs to produce that to advance their claim, they don't have it. Some of my claim against them has to do with advancing a barred lawsuit againt me. Link to comment Share on other sites More sharing options...
pulpfiction Posted November 14, 2009 Report Share Posted November 14, 2009 $3000 on the other Cap one case. i talked with an attorney on just analyzing the attorney "time" I have cost Cap1 so far. He estimates $15,000, conservatively.i'm "OK" with whatever happens in JAMS. Cap1 sued me without complying with the "notice of right to cure default" required 15 days before suitin my state. Cap1 needs to produce that to advance their claim, they don't have it. Some of my claim against them has to do with advancing a barred lawsuit againt me.So they've spent 2.5x the debt to attempt to collect? What exactly are they attempting to prove?Perhaps they're treating your case as a testing ground for other consumers who are fighting back by using Cap One's arb clause against them. Link to comment Share on other sites More sharing options...
trueq Posted November 14, 2009 Author Report Share Posted November 14, 2009 that does not realize the resources they expend punishing consumers.It is funny...we really have not even "started" on this yet. Link to comment Share on other sites More sharing options...
DFS Posted November 14, 2009 Report Share Posted November 14, 2009 not set a precedence by letting you win. They may also want to figure out a strategy for the rest of us following in your tracks.Or, being a large organization they just can't stand to let the little guy win. Link to comment Share on other sites More sharing options...
TheBeeGuy Posted November 14, 2009 Report Share Posted November 14, 2009 Cap1 sued me without complying with the "notice of right to cure default" required 15 days before suitin my state.Is this part of their card holder agreement or is this something every CC issuer has to comply with (FACTA, FCBA, etc)?Edit: I just got the "my state" part. Anyone know if such a requirement exists in AZ? I've never heard of it before. Link to comment Share on other sites More sharing options...
MG05 Posted November 14, 2009 Report Share Posted November 14, 2009 (edited) Capital One does try and punish you no matter what ... re-age your credit report every month to make the charge off seem like it just occurred ... not listing the date of first default and to add injury to insult showing a balance on your credit report that is thousands of dollars more than what they are suing you for in local court! They really are scum sons of a beeotchs! Can anyone explain how, they can sue someone for contractual interest rates of 26% when no place in the agreement does that option even exist? If you spend enough time reading the “customer agreement” you realize just how they have screwed you. They leave so many points vague in the agreement so that they can screw you and take as much in fees an interest as they can. I Pray every night that Trueq and so many others on this site just stick it up Capital One’s butt! Good luck Trueq I know you will fight them to the end!"What is in your wallet"? A Notice to Compel Arbitration!! Edited November 14, 2009 by MG05 Link to comment Share on other sites More sharing options...
DFS Posted November 14, 2009 Report Share Posted November 14, 2009 Since the contracts are so "one sided" and "sticks it to you" has anyone out there challenged the contracts as being contracts of adhesion? Link to comment Share on other sites More sharing options...
david9041 Posted November 14, 2009 Report Share Posted November 14, 2009 Trueq , its working , today I got their motion to stay on case number 3 . One to go , just thinking how much Cap1 is going to spend for 4 arbitration cases makes me smile . Link to comment Share on other sites More sharing options...
trueq Posted November 14, 2009 Author Report Share Posted November 14, 2009 You keep JAMS from consolidating the cases (I'm assuming you will be getting a fee waiver).Vary the complaints against Cap1 up a little bit. Link to comment Share on other sites More sharing options...
DFS Posted November 14, 2009 Report Share Posted November 14, 2009 one account with both spouses on one but just one spouse on the other keep them from consolidating them? Link to comment Share on other sites More sharing options...
trueq Posted November 14, 2009 Author Report Share Posted November 14, 2009 Just make sure you insist on no consolidation. Link to comment Share on other sites More sharing options...
DFS Posted November 15, 2009 Report Share Posted November 15, 2009 "The arbitration of any claim must proceed on an individual basis . . . Unless all parties consent, neither you nor we may join, consolidate, or otherwise bring Claims related to two or more accounts, individuals or account holders in the same arbitration."I think this means we can say no to consolidating claims! Link to comment Share on other sites More sharing options...
MG05 Posted November 15, 2009 Report Share Posted November 15, 2009 When they had the deck stacked in NAF they could get a 2 for 1 and bang both parties with the same claim and double awards! Scum of the earth ... What is in your wallet! LMAO Link to comment Share on other sites More sharing options...
trueq Posted November 15, 2009 Author Report Share Posted November 15, 2009 but I think the JAMS minimum standards of consumer fairness forces Cap1 to waive that part. HOWEVER, you do not have to waive that part of the clause. Link to comment Share on other sites More sharing options...
david9041 Posted November 15, 2009 Report Share Posted November 15, 2009 "The arbitration of any claim must proceed on an individual basis . . . Unless all parties consent, neither you nor we may join, consolidate, or otherwise bring Claims related to two or more accounts, individuals or account holders in the same arbitration."I think this means we can say no to consolidating claims!Your right , its in my agreement , the agreement is so small I can hardly read it . I will feed one through every two weeks or so .MG05 , you are the one I talked to on the Phone correct ? Link to comment Share on other sites More sharing options...
kat1979 Posted November 15, 2009 Report Share Posted November 15, 2009 trueq, Who did you send the Arbitration letter to? The lawyer for OC, the OC or the court?Do you have a link to an example of the arbitration letter and/or Cap 1 card agreement?Thanks for the information on arbitration. Link to comment Share on other sites More sharing options...
trueq Posted November 15, 2009 Author Report Share Posted November 15, 2009 Link to my letter.http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=297310&highlight=Rubin&page=2I suggest reading further down this thread as well on how to "gum up the works" during this period.Careful!Debt attorney's will either act with indifference or monstrous venom!Be prepared to demand your right to arbitrate! I've had attorneys DENY the arbitration clause even when it was in front of the judge.Debt attorney's can be lying vermin! Link to comment Share on other sites More sharing options...
kat1979 Posted November 15, 2009 Report Share Posted November 15, 2009 Thanks for the quick response, I appreciate it. Link to comment Share on other sites More sharing options...
Recommended Posts