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Do I settle with arbitration? How? What does it mean?


frantic
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I am truly frantic...Arbitration for BOA has contacted me but I have not gotten anything written saying that they are the arbitrators..just phone calls..Then today I get a call from someone telling me I need to respond today and referenced a docket #. I want to handle this without going to court but they are scaring me and giving me limited time. I don't want to give them my account #'s as they keep asking for a check to hold the $1300 they say I am behind and then want me to make $100 monthly payments. Does this sound legit? What now?

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Have you been sued or served?

If not, this is not court style arbitration (alternative dispute resolution.)

I had Dickinson Financial call me 2 weeks ago an claim they are the "arbitrator" for my U.S. Bank account. No they weren't. They were a JDB for the account pretending to be the arbitrator.

He then told me who he really was and then threatened arbitration on it. I said "great", get me a copy of the arbitration agreement! I exercised the arbitration clause right there.

Then he threatened to sue!

I'm going to be suing them!

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frantic, it sounds like a scam to me. Listen to trueq, he has good advice for you. Check out the docket # just to be safe, but it sounds like they are pushing your buttons. Don't give them a check or routing numbers or access to any of your accounts.

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Guest BrokeBob

This does NOT sound legitimate.

This sounds like they are trying to scare you, and get you to panic. It appears to be working.

They are lying to you.

Read that last sentence again.

They are lying to you.

In case you are still in doubt:

THEY ARE LYING TO YOU!

BOA no longer initiates arbitration. YOU can, though, and it may be your best bet.

I'm not blaming you for panicking. I fell for a collection agency's lies with my wife's student loans a few years back. If I knew then what I know now...

You have a huge advantage. This forum. You can get information from people who have been down the same road you are on, and have learned a few tricks of the trade.

First, DON'T TALK TO THESE SCUM!!!! Make sure everything is in writing. They are required by law to send you a letter within 5 days of the initial contact.

Second, when they send the letter, you have 30 days to request validation. Do so. Spend a few days, or a few weeks, reading this site to learn what to put in the letter.

Also, BOA does have an arbitration clause. You can invoke the clause to prevent them from suing you. You should seriously consider invoking the clause. If they don't have the goods on you, and you are up for a fight, you should fight them in court. Or, you can simply put this in your request for validation:

I hereby elect the Bank of America arbitration clause for any and all disputes with Bank of America for this and any other account.

Others on this forum will suggest a different wording.

As for myself: I allegedly owe over $60,000 to BOA on two seperate accounts; a credit card and a line of credit. Two different collection agencies are handling this.

First, I got a device through Amazon.com that allows me to block phone calls. It was about $70 or so, but it is worth it to save my sanity. Get one, and block their calls.

Second, I wrote out DV letters (I intend the send them this weekend) to the collection agencies. I used something similar to the DV letter that trueq uses, which is tailored to Wisconsin state law. Look around on the forum. You will be able to put together a good DV letter in less than 30 days.

Third, I forget about them. They are not going to sue before the 30 days are up, and they cannot sue once I send in the DV + election of arbitration letter.

So, relax. They are breaking the law, and you should sue them. I would suggest finding a good consumer lawyer in your area, and the sue them. They can't sue you, because you elected arbitration!

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Thanks for the help but I am still a little confused..more so scared and not thinking straight..

Ok first, i get it.. don't call them back or take their calls...

Call my county court to see what this docket is about (I am in Ga.)

Do I call BOA an invoke the arbitration rule?How does that work?

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Guest BrokeBob

If you have been getting threatening calls, log the calls. It would be best to have a recorder. However, if you log the calls, write down who called, from what number, at what time, and what was said, you still have an excellent case against these scum.

As far as the arbitration clause: They are required by law to send you mail within 5 days. If not, sue them for that. There are ways to figure out who is calling you from the caller ID.

When and if they write to you, you have 30 days to respond. Write a letter, certified mail return receipt requested, and save all the documentation from the US Post Office along with a copy of the letter you send. In that letter, invoke the arbitration clause.

It wouldn't hurt to write a letter to BOA, of course CMRRR, invoking the arbitration clause.

If you have already been sued, answer the suit. In the answer, elect arbitration. Or, better still, send in a Notice of Election of Arbitration. Then, ask for a dismissal or stay of the case for arbitration. By Federal law, the court HAS to do that.

Relax. Right now, YOU have the legal weapons against BOA. All they have is the ILLEGAL ability to harrass you and cause you fear. If you know they can't get you, you can relax. Don't let them scare you. YOU have the upper hand. Once you realize that, it becomes a LOT easier to sleep at night. This is from personal experience.

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That will tell whether you are knee or neck deep in collector scum!

Google "Dateline NBC debt collection tactics" and watch that piece, it will give you a global picture of what you are dealing with!

A consumer attorney should lap this up. This is huge FDCPA violations!

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