MG05 Posted April 21, 2010 Report Share Posted April 21, 2010 When you send your DV letter to the JDB enclose a blank copy of the AAA complaint form and ask them to fill in the Respondents complete information on the form so that when you file you have all of the accurate information to provide to AAA. I did this about a week ago for a friend dealing with Portfolio and low and behold he calls this morning telling me they sent a letter stating they have ceased all collections on the account. When in Rome! I love preemptive arbitration … it really changes the dynamics of the game! Link to comment Share on other sites More sharing options...
jkg3 Posted April 21, 2010 Report Share Posted April 21, 2010 It has been my experience that they cease all collections if you do anything that appears to be a legal move in their direction. Something as small as asking them their address. It has also been my experience that they will hand off the account to someone else. Link to comment Share on other sites More sharing options...
MG05 Posted April 21, 2010 Author Report Share Posted April 21, 2010 They never want to fight that is understood ... however make no mistake that if they ever sue ... certain instruments and documents you provide will literally screw them and provide you a much higher payday in court or arbitration. I never look at things in one step ... I am ten steps down the road. I make no mistakes when dealing with JDB's and that is what has kept me judgment free this long! Link to comment Share on other sites More sharing options...
trueq Posted April 21, 2010 Report Share Posted April 21, 2010 I'm going to try that and see what happens...I got 4 accounts with my "good friends" at Portfolio. They have not provided anything to my 4 DV's in past 12 months.time to "stir the pot". Link to comment Share on other sites More sharing options...
chuckygee Posted April 21, 2010 Report Share Posted April 21, 2010 (edited) I have a letter I am was about to send to PRA today. I will revise it. Mine demand is for JAMS. I'm going to offer a 5% settlement because I want the tradelines deleted. Edited April 21, 2010 by chuckygee Link to comment Share on other sites More sharing options...
joshman Posted April 21, 2010 Report Share Posted April 21, 2010 Wow...what a great idea!!!! Link to comment Share on other sites More sharing options...
BrokeBob Posted April 21, 2010 Report Share Posted April 21, 2010 I was going to send a DV (with arbitration) letter to a CA today. I'll have to look into that first! It is Barclays. Does anyone know if they use JAMS or AAA or both? Link to comment Share on other sites More sharing options...
jkg3 Posted April 21, 2010 Report Share Posted April 21, 2010 I was going to send a DV (with arbitration) letter to a CA today. I'll have to look into that first! It is Barclays. Does anyone know if they use JAMS or AAA or both?They used NAF and AAA. So, AAA. Link to comment Share on other sites More sharing options...
BrokeBob Posted April 21, 2010 Report Share Posted April 21, 2010 Thanks! I will redo this before mailing it out. No rush. Still well within the 30 days. Link to comment Share on other sites More sharing options...
admin Posted April 21, 2010 Report Share Posted April 21, 2010 When you send your DV letter to the JDB enclose a blank copy of the AAA complaint form and ask them to fill in the Respondents complete information on the form so that when you file you have all of the accurate information to provide to AAA. I did this about a week ago for a friend dealing with Portfolio and low and behold he calls this morning telling me they sent a letter stating they have ceased all collections on the account. When in Rome! I love preemptive arbitration … it really changes the dynamics of the game!You probably just confused them. Debt validation and arbitration have nothing to do with each other. Link to comment Share on other sites More sharing options...
chuckygee Posted April 21, 2010 Report Share Posted April 21, 2010 I was going to send a DV (with arbitration) letter to a CA today. I'll have to look into that first! It is Barclays. Does anyone know if they use JAMS or AAA or both?Here is a link to a Barclay's I submittedhttp://teh402.blogspot.com/ 1 Link to comment Share on other sites More sharing options...
mb02 Posted April 21, 2010 Report Share Posted April 21, 2010 So if the aggreement has JAMS, we should send a blank JAMS form with the DV / ARB letter requesting the same info? Link to comment Share on other sites More sharing options...
MG05 Posted April 21, 2010 Author Report Share Posted April 21, 2010 (edited) You probably just confused them. Debt validation and arbitration have nothing to do with each other.PRECISELY ADMIN … IN THE DV LETTER YOU ADD THIS: This is the kicker you would use as a counterclaim if they violate your arbitration rights. This is easy enough for the least sophisticated consumer to understand.In researching this alleged account, I have discovered that BAD Bank has an arbitration provision on all accounts it creates within the banking and credit industry. As such, if this alleged account is in fact from BAD Bank the arbitration provision would currently be in effect with “JDB” as the successor/assignee of the alleged account.If “JDB” is in fact the owner of these alleged accounts they must follow any customer agreement/contract that was in effect when this alleged account defaulted. As such please read:“I JOHN DOE do hereby “ELECT ARBITRATION” to resolve the dispute of this alleged account between “JDB” and JOHN DOE. I am a resident of the State of WHEREEVER and I will “INITIATE THE ARBITRATION” proceedings as soon as “JDB” provides me the valid customer agreement/contract (that was in effect when this alleged account defaulted) to include the arbitration provision, written in its entirety, of this alleged account {Please ensure the agreement is date specific to your claim}. The arbitration agreement contains language that waives your or my right to litigation in court upon “ELECTION OF ARBITRATION” I expect you to honor these alleged agreements as will I. I will expect that all collection activities will cease on any alleged account (to include any and all interest and fees) and that you will provide me the valid customer agreement/contract to include the arbitration provision and the other requested documents as soon as possible. I request that “JDB” complete the Respondent’s portion of the demand for arbitration form enclosed and return it with the requested documents. This will ensure that the arbitration will be filed with the selected forum correctly and lead to little back and forth and a quick resolve to this matter. Have a wonderful day,JOHN DOEADDED:****Also remember Admin … by requesting arbitration from the first contact you have damaged any counter by opposing counsel that arbitration is a ploy to avoid the debt. You have also set the tone that you want this resolved in a private forum not aired in a public tribunal. Therefore if they sue you can also add counterclaims of:Improper Venue – Venue became arbitration once you electedBreach of contract – Failed to act when notified Defamation of character – I am certain you were served in front of a lot of people and the sheer embarrassment of that when you asked for a private forum. Your name is smeared on public records for the world to seeCivil Conspiracy – Certainly more than one person decided to bring suit after you elected arbitration … let’s see … JDB, Law Firm and lead attorney … who else could you add? Edited April 21, 2010 by MG05 Added Comments ... Link to comment Share on other sites More sharing options...
MG05 Posted April 21, 2010 Author Report Share Posted April 21, 2010 So if the aggreement has JAMS, we should send a blank JAMS form with the DV / ARB letter requesting the same info?I WOULD! Link to comment Share on other sites More sharing options...
MG05 Posted April 21, 2010 Author Report Share Posted April 21, 2010 I was going to send a DV (with arbitration) letter to a CA today. I'll have to look into that first! It is Barclays. Does anyone know if they use JAMS or AAA or both?No JAMS ... Link to comment Share on other sites More sharing options...
BrokeBob Posted April 21, 2010 Report Share Posted April 21, 2010 I didn't mail it out. I'll change it tonight. Somehow, the name of the CA seemed familiar. I checked on some court pages. What do you know? They have an FDCPA case against them in my state, removed from a Mayberry, Wisconsin circut court. Anyone want to guess who the plaintiff is? Should I say "hi" to them for you, plaintiff? Link to comment Share on other sites More sharing options...
Andyt293 Posted April 22, 2010 Report Share Posted April 22, 2010 I love this! Sheer BRILLIANCE!!!! Link to comment Share on other sites More sharing options...
oregonpilot Posted April 22, 2010 Report Share Posted April 22, 2010 So which AAA form would you send them (Consumer-Related Disputes) Link to comment Share on other sites More sharing options...
goodguy2 Posted April 22, 2010 Report Share Posted April 22, 2010 When you send your DV letter to the JDB enclose a blank copy of the AAA complaint form and ask them to fill in the Respondents complete information on the form so that when you file you have all of the accurate information to provide to AAA. I did this about a week ago for a friend dealing with Portfolio and low and behold he calls this morning telling me they sent a letter stating they have ceased all collections on the account. When in Rome! I love preemptive arbitration … it really changes the dynamics of the game!MG05 YOU ROCK !!!!!! ROCK ON !!!!!!!! Link to comment Share on other sites More sharing options...
poorbloke Posted April 22, 2010 Report Share Posted April 22, 2010 So which AAA form would you send them (Consumer-Related Disputes)yes link to form please i might send this off for fun. Link to comment Share on other sites More sharing options...
poorbloke Posted April 22, 2010 Report Share Posted April 22, 2010 is this the form you need to send with the dv for arbitration?http://www.adr.org/si.asp?id=5009 Link to comment Share on other sites More sharing options...
jkg3 Posted April 22, 2010 Report Share Posted April 22, 2010 is this the form you need to send with the dv for arbitration?http://www.adr.org/si.asp?id=5009No, this one: http://www.adr.org/si.asp?id=3477 Link to comment Share on other sites More sharing options...
chuckygee Posted April 22, 2010 Report Share Posted April 22, 2010 Mailing mine today CMRRR. Will let you know what happens. Link to comment Share on other sites More sharing options...
herewego Posted April 22, 2010 Report Share Posted April 22, 2010 Possibly a stupid question but could you/ Would you do this if the OC still owns the debt? Say to an in house CA or a law firm/CA collecting for the CA? Link to comment Share on other sites More sharing options...
MG05 Posted April 22, 2010 Author Report Share Posted April 22, 2010 Possibly a stupid question but could you/ Would you do this if the OC still owns the debt? Say to an in house CA or a law firm/CA collecting for the CA?Not stupid at all ... arb is a great settlement tool based on collection costs and counterclaim to the debt if they sue and refuse your arb election. Link to comment Share on other sites More sharing options...
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