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Trueq, question about notice to elect arbitration


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Trueq, I have read the letter that you suggest we use to elect arbitration...

"Pursuant to section/page XXXX of the enclosed Cap1 agreement, I/we hereby ELECT arbitration to resolve all disputes between us.

As you are aware, once arbitration is exercised by either party, pursuant to the agreement, both parties waive their right to litigation.

I/we expect dismissal of case #XXXXX no later than 30 days from the receipt of this notice.

I/we also demand you immediately forward any amounts required in the contract and amendments to initiate our claims against Cap1 in the contract.

If you would kindly forward the agreement and ALL AMENDMENTS so we can determine what amounts Cap1 needs to forward to me/us for my/our claims in arbitration I/we would much appreciate it.

Thank you,


oppressed consumers (s)

Many CREDIT CARD contracts like U.S. Bank, Chase, and a (POTENTIAL) cap1 amendment allow you to demand $250-$500 in "advanced funding" for your arbitration claims against them. They are required to provide it upon demand. To date, no one has done this despite my 8 demands. It has been particularly eggregous with U.S. Bank contracts. The "advance amount" is clearly spelled out. You will NOT get the money, BUT YOU CAN ARGUE THEY BREACHED THE CONTRACT BY NOT ADVANCING THE $$$!!!!!

JAMS only requires $250 fee, only if consumer initiates. If credit card refuses to fund you, demand its their responsibility to initiate the arbitration. Then they pay everything.

Do you see the mess of issues that need to be sorted out once you send this simple letter?

1.) they need to produce contract and all amendments!

2.) You have to identify and agree on any advance amounts you are required to get from them if you have to initiate the arbitration.

3.) If JAMS is not an arbitration option, you will have to agree on alternate arbitration forum. (Judge does not have power, under FAA, to appoint alternate arbitration forum, only arbitrator. All credit card contracts specify arbitration forums, not arbitrators!)

I have a question, particularly in regards to Crap1. You mention requesting them to forward any amounts required in contract and amendment to initiate our claim. Are you referring to the cardholder agreement (which contains the arbitration agreement)? Or some other contract? If I already have the cardholder agreement (it was provided during discovery), do I just leave that part out, especially seeing as I want them to initiate arbitration? Then, the letter would just bascially say I am electing arbitration and expect dismissal or stay? I would appreciate some feedback, I need to get this out in the next day or so....:) Thanks!!!

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that indicates Cap1 owes $500 for any consumer arbitration filing, upon consumer demand.

This issue became moot with me because JAMS granted me a fee waiver.

The amendment is partial and has lack identifying info, but I got it from a debt collector for Cap1 at one point. The rest of packet was very unreadable or had "blackened out pages" from copying error.

Only part of the page is readable. Cap1 lawyers in my case never objected to me suggesting it was an amendment.

All these cardholder agreements are unsigned and lawyers never bother to even have them...so who is to say just what is part of cardholder agreement and amendments?

I can fax you what I'm talking about.

My point is: MAKE THE DEMAND for the $$$...AND MAKE THEM LOOK LIKE THEY ARE BEING UNCOOPERATIVE (your honor, I asked for the money to file as the agrreement says, and they refuse to cooperate. I'm poor and destitute and being harrassed by a muti billion $$$ monstermegabank to forward their claim with my money, when they are supposed to forward me the money!).

Arbitration initiation is difficult for the consumer when bank does not follow its own arbitration protocol!

You can't be expected to follow the court order when they fail to follow the contract required arbitration "advance payments".

Edited by trueq
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Well, the agreement I have says...


The party initializing arbitration will pay the initial filing fee. You may seek a waiver of the initial filing fee or any of the Administrator's other fees under any applicable rules of the Administrator. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or reimburse you for all or part of the Adminsitrator's fees. We will also pay or reimburse you for all or part of the fees if the arbitrator determines there is good reason for us to do so.

The way I read this is....if I initiate, and request a fee waiver from the arbitration forum, and it is denied, I can then send a request to Crap1 to pay my portion. Now, at this point, I am not initiating, only electing. So, I think I will leave this out of my letter, and just say I am electing arbitration, please dismiss/stay. Then, if there is a stink about me initiating, I will seek the waiver and if it's denied, request it from Crap1. The intent right now is to have them initiate...if they deny my election letter, I will submit a motion to compel arbitration and then deal with that mess. I'll keep everyone posted...and thanks again for all of your suggestions!!

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