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Amex Changes Arbitration Agreement


Guest BrokeBob
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Guest BrokeBob

This is interesting. What makes it MORE interesting is that my wife allegedly defaulted on this alleged account over 6 months ago, and Amex wants to change the rules AFTER the alleged default...

My wife got a statement from Amex today. I'm already considering suing them for violations of the Wisconsin Deceptive Trade Practices Act.

They mention all these new terms for the account. NOTHING about you can refuse them by closing the account, etc.

Some of them are good for the consumer. Changes they say are mandated by new federal laws, such as no more penalties for going over the limit.

They also change the arbitration agreement.

The old agreement: NAF, AAA or JAMS, customer gets to choose, no other choices.

The new agreement: AAA or JAMS, if neither works, the customer and Amex can agree on an alternate forum.

I'm not quite sure how to procede. Maybe a letter reminding them they can't change the rules for a defaulted account. I have a claim against THEM. I will see what happens with trueq's Cap1 case, to see if JAMS accepts counter claims. If not, I'll just file with JAMS.

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Still would stay clear of AAA ...

BrokeBob

, I dont see how you could be included if they changed the agreement , I thought you had to use the card for you to have agreed to a change ?

MG05 , yes I will have to get better organized . You say stay away from AAA , that could be a problem because my 5th case with the JDB only list NAF or AAA.

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Cap1's counterclaim for the debt in JAMS is due on Nov 28th.

However, will JAMS accept a late filing? I will move to strike any late filing because it breaks the JAMS rules.

I'm going to talk to JAMS case manager next week to get confirmation Cap1's counterclaim period has expired.

However, this still begs the question: Did Cap1 miss the opportunity because of the chaos of hiring and firing law firms to deal with me OR because its futile for them to file a debt collection counter-claim in JAMS?

I will try to get a formal answer pinned down next week.

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BrokeBob

, I dont see how you could be included if they changed the agreement , I thought you had to use the card for you to have agreed to a change ?

MG05 , yes I will have to get better organized . You say stay away from AAA , that could be a problem because my 5th case with the JDB only list NAF or AAA.

In my research AAA was a tad bit better then NAF but still not 100% consumer friendly. You will not find anything on JAMS that could compare them to AAA or NAF.

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I have to wait 60 days to "push". Cap1 sued me for a $3000 and $6000 default which I forced a permanent court stay on and screwed their claim out in arbitration with my angled complaint filing against Cap1. However, I have another Cap1 account that is in alleged default, not sued, that goes out on SOL in 60 days.

So I will have to be content with the JAMS push to pay the fees for now.

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Guest BrokeBob
Agreements cannot be amended after default because there is no ascent by consumer to the change in the agreement.

We already have a possible Deceptive Trade Practices case against Amex:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298163

The fact that they are trying to change the credit card agreement on an already allegedly defaulted card just adds fuel to the fire. I don't know the best way to handle this. The CA has already commited an FDCPA violation: they left a message on the answering machine, some guy in India who could barely speak English and was rather unintelligable. The message had no 'mini-Miranda'.

Also, they call a LOT, and they promised to put me on their do-not-call list.

So, do I goad them into suing and claim lots of counterclaims, or do I file against them in JAMS, with claims against Amex AND the activities of their CA? I think I will see what happens with TrueQ's Cap1 case in JAMS. If they cannot file a counterclaim against me, I can go after them, and they can't sue for the alleged debt, since it is already in arbitration!

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