Kittyring Posted January 6, 2010 Report Share Posted January 6, 2010 I think that I have boxed in Zwicker by using the arbitration request that TrueQ suggests. The facts are this, I replied to the summon from Zwicker with in the time-line, and for one of the affirmative defenses requested to invoke arbitration clause in the alleged signed agreement. Of course they did not provided a signed agreement in their complaint.I followed up the answer to their complaint with a letter to Zwicker on Dec 8 using language recommended by TrueQ with a response in 14 days. I have not had a response from Zwicker, but did receive notice from the District court for a Pre-Trial conference on Feb 3. I am planning to mailing a second letter to Zwicker to reaffirm my election for arbitration.Since the court has scheduled a Pre-Trial conference, and Zwicker has failed to reply to my request do I have a possible violation of the FDCPA?I am cautiously optimistic with how this is going. Link to comment Share on other sites More sharing options...
trueq Posted January 6, 2010 Report Share Posted January 6, 2010 Its better if there is a court order in place forcing arbitration.If they continue to attempt litigation after the court order...that is iron clad FDCPA violation.I would bring MTD because of arbitration exercise...that forces the issue. Link to comment Share on other sites More sharing options...
Kittyring Posted January 6, 2010 Author Report Share Posted January 6, 2010 Thanks TrueQ,Your posts are very helpful, I have prepared a MTD and will have it ready. Thanks. Link to comment Share on other sites More sharing options...
nascar Posted January 6, 2010 Report Share Posted January 6, 2010 I think that I have boxed in Zwicker But do you have Prince Albert in a can? Link to comment Share on other sites More sharing options...
bevj2 Posted January 7, 2010 Report Share Posted January 7, 2010 But do you have Prince Albert in a can?REALLY?????? LMAOYou know I have to say it....you better let him out!!! Link to comment Share on other sites More sharing options...
Kittyring Posted January 14, 2010 Author Report Share Posted January 14, 2010 But do you have Prince Albert in a can?Actually I was hoping that the Zwicker scum were in a Litterbox with the rest of the crap! Link to comment Share on other sites More sharing options...
david9041 Posted January 15, 2010 Report Share Posted January 15, 2010 Actually I was hoping that the Zwicker scum were in a Litterbox with the rest of the crap!I think they are to disgusting to even be in a litterbox , I would not want our cats to have to cope with that .,Put them on the defense with something like this : They have failed to furnish an Agreement and I contend this act is a deliberate attempt to deny my rights to settle this matter through Arbitration and I motion this Court to charge the Plaintiff with Contempt of Court for filing a Sham Pleading and Dismiss this case so I can pursue this matter as per their Agreement .I contend The Plaintiff filed this as a invalid lawsuit and it appears their actions are driven by a vindictive and malicious altitude and their goal is to persecute , harass , punish , and humiliate customers that have fallen on bad times . Find as many things as you can that they have done wrong to file a claim against them in arbitration , can you get JAMS ? Is it an OC case or JDB ? Link to comment Share on other sites More sharing options...
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