Baggins Posted December 21, 2009 Report Share Posted December 21, 2009 Sued by cap1, elected arbitration, they ignored. Went to a "motion hearing", judge ordered us to inititate. Initiated, still being ignored. JAMS has the paperwork and is working on it and has even spoken to the idiots cap1 hired in state, still ignoring it. Filed appropriate "notice" to cap1 iaw their customer agreement, still ignoring it. Filed motion to compel, still ignoring it. Trial date coming up in a week. Judge said the trial date was contingent on whether we initiated arbitration, WE DID! Still have a trial date. So not only is cap1 ignoring it, their scum atty's are (big surprise), and apparantly so is our "court" system.My question: what the hell else can one do? Link to comment Share on other sites More sharing options...
BrokeBob Posted December 21, 2009 Report Share Posted December 21, 2009 It appears this judge is violating federal law. In another thread, someone mentioned having the case removed to Federal District Court. You may need to do that. Otherwise, you may need to appeal the decision if it goes against you, on the grounds that you were denied your right to arbitration. Link to comment Share on other sites More sharing options...
trueq Posted December 21, 2009 Report Share Posted December 21, 2009 Unfortunately, this costs money (if you do not qualify for fee waiver).I have a sample Notice of Removal petition.ORYou may have to hire an attorney. (I had this in one case where other side just ignored court's arbitration order.)We sued the lawyers big time. Link to comment Share on other sites More sharing options...
MG05 Posted December 21, 2009 Report Share Posted December 21, 2009 First, relax and take a breath! Second, can’t stress this enough … documentation … not what you know but what you can prove! If it was me … and trust me I am in a similar boat … I would let them do whatever in local court (more motions and pleadings … bigger payday later) … keep pressing the courts on arbitration and remember start adding up the damages these actions are having (start seeing a doctor because of depression this matter has caused … LOL). When local court is over I would immediately file another arbitration on Capital One for breach of contract, continued litigation after election, deceptive practices with tons of damage claims. Capital Ones arbitration agreement is good forever! Wars are not won on the first battle … they are protracted and won by tactics and strategy. I look at it like this … if I lose a $3,500 local judgment … so what … when I come back at them my claim will be near $150,000 without adding the mental anguish caused by the litigation. Continue with JAMS and document everything … Link to comment Share on other sites More sharing options...
Baggins Posted December 21, 2009 Author Report Share Posted December 21, 2009 (edited) I just don't get it. Even cap1's own agreement specifically states only election is required to waive subject matter jurisdiction of court, and we initiated! Which the judge was wrong stating it's always the consumers place to initiate, but what ya gonna do about that...I'm definitely going to sue their hired guns though. Their obligation according to not only the FAA but one of our state statutes was to pull their case and move for a stay until arbitration proceedings can be held and they have not.BTW, it's not me, it's my mom. With my dad just dying a few months ago this $#!@ is the last thing she needs, she's already disabled and has to take high bp pills like candy so stressing her doesn't take much. The bastards! Edited December 21, 2009 by Baggins Link to comment Share on other sites More sharing options...
MG05 Posted December 21, 2009 Report Share Posted December 21, 2009 If you need anything PM and I am sure between me and TrueQ we can come up with something to help! Local counsel gets paid by getting your money ... they get tossed if it goes to arbitration ... they are just playing hardball. Stick to your guns and keep demanding arbitration. Keep the faith!!! Link to comment Share on other sites More sharing options...
Baggins Posted December 21, 2009 Author Report Share Posted December 21, 2009 Thanks for the sentiment, I appreciate it.Just got off the phone with the circuit clerk who said will go talk to the judge since the trial is still on the docket & see what he says. Cap1 may be dispensing with arbitration from here on out but it was in place at the time of the alleged account and at the time of the filing of the suit and at the time of the election and initiation and everything else we've done to date so let'em try striking the arbitration clause if that's their gameplan.They can play all the hardball they want, facts speak for themselves, they are blatently ignoring their own contract and breaking some state and fed statutes by doing so. If my mom's health goes south one iota then there will be hell to pay and will do whatever I can to make sure the local court is held accountable too. Have already filed the appropriate complaints with the AG, fixing to file a complaint with the state BAR on the crooked atty's as well. I will dance on this cases grave, even if it's buried at sea. Link to comment Share on other sites More sharing options...
MG05 Posted December 21, 2009 Report Share Posted December 21, 2009 If the account is defaulted ... the new agreement w/out arbitration will not effect you! Link to comment Share on other sites More sharing options...
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