lawonmyside Posted May 3, 2010 Report Share Posted May 3, 2010 Ok...here it goes sorry if this is too long:Last year Chase reffered account that i was behind on to there legal department. Tried to negotiate with them for a lower payment but they denied it. they filed suit 7/2009-my answer was not a dispute(probably stupid i know) anyway I sent a one paragraph response stating that I was having financial difficulties and that I had contacted Chase and their attorneys with a payment plan and was denied.Chase subsequently set up an arrangemnt with me over the phone for x number of dollars per month, then when the written agreement came for me to sign it stated that I would pay the amount I offered for one year and then the payment would go up by 3x for the next four years. I sent them back there agreement with an ammended paragraph stating that i would not agree to the increased amount as I did not know what my financial situation would be a year form now. There response was that i could not ammend the agreement it would have to be signed the way they sent it. Well i never signed it but they continued to take out the verbally agreed amount every month. Now after ten months they have requested a " motion for summary judgement". I am assuming they are doing this now because the year is almost up and they do not have a signed agreement on file.Anyway I am not sure how to proceed from here..the information on Arbritration here is very interesting but i don't know if it is possible to invoke that now..did I give up that right?Since i am in FL they cannot garnish wages as I am head of household. So I was thinking of filing a "motion to compel arbritration" anyway, is there any harm? (it could be denied but then what they continue with the judgment?)any help will be greatly appreciated!! Link to comment Share on other sites More sharing options...
Jaknik Posted May 3, 2010 Report Share Posted May 3, 2010 Since i am in FL they cannot garnish wages as I am head of household.-----------------------------------------------But there are stips and caveats...... Link to comment Share on other sites More sharing options...
lawonmyside Posted May 3, 2010 Author Report Share Posted May 3, 2010 I will also need a card member agreement as I can not find mine. The account was opened about two and half years ago or more. Anyone have this? Link to comment Share on other sites More sharing options...
lawonmyside Posted May 4, 2010 Author Report Share Posted May 4, 2010 Ok so i have the "agreement"...and i am confused it states.."a claim may be resolved by litigation and is not subject to arbitration under this agreement...the only remedy that will be sought by either of the parties is monetary..neither party will seek recovery in excess of $25000...the only parties will be you and us.."does this mean i can not choose arbitration because they already chose litigation or is still my choice to arbitrate? Link to comment Share on other sites More sharing options...
SeaStriper Posted May 4, 2010 Report Share Posted May 4, 2010 Just use an older agreement, it's up to them to prove otherwise. Grab one at ccarbitration.com Link to comment Share on other sites More sharing options...
lawonmyside Posted May 4, 2010 Author Report Share Posted May 4, 2010 Ok so i have the "agreement" from TrueQ (thank you)...and i am confused it states.."a claim may be resolved by litigation and is not subject to arbitration under this agreement...the only remedy that will be sought by either of the parties is monetary..neither party will seek recovery in excess of $25000...the only parties will be you and us.."Does this mean i can not choose arbitration because they already chose litigation or is still my choice to arbitrate? Sea Striper "Just use an older agreement, it's up to them to prove otherwise. Grab one at ccarbitration.com" I think something is wrong with this site everything comes out on top of each other i will try on another computer later. Thank you guys for helping I want to get this out as soon as possible!Also TrueQ: I am probably going to use the letter you posted. that should sufice, correct? Link to comment Share on other sites More sharing options...
lawonmyside Posted May 4, 2010 Author Report Share Posted May 4, 2010 Should I file the letter or a formal Motion to Compel? Link to comment Share on other sites More sharing options...
lawonmyside Posted May 5, 2010 Author Report Share Posted May 5, 2010 Sorry if I am beating a dead horse here but does anyone have advice: Do I file letter or motion to compel? Is this going to be a mute point if the wording in the member agreement states that they can file suit if the amount is under $25,000?Need to file this soon!!!Trying to read everything here but most of the arbitration cases seem to be with Cap1 anyone have experience with Chase? Link to comment Share on other sites More sharing options...
Quader Posted May 6, 2010 Report Share Posted May 6, 2010 Sorry if I am beating a dead horse here but does anyone have advice: Do I file letter or motion to compel? Is this going to be a mute point if the wording in the member agreement states that they can file suit if the amount is under $25,000?Need to file this soon!!!Trying to read everything here but most of the arbitration cases seem to be with Cap1 anyone have experience with Chase?I did both .. but in my state but my states rules dictate that I try to get the other side to comply befor MTCQ Link to comment Share on other sites More sharing options...
lawonmyside Posted May 6, 2010 Author Report Share Posted May 6, 2010 Q,Was your suit with Chase? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted May 6, 2010 Report Share Posted May 6, 2010 Need to get your hands on an older agreement, Chase was smart and did away with their arbitration clause in like November 2009. Link to comment Share on other sites More sharing options...
lawonmyside Posted May 7, 2010 Author Report Share Posted May 7, 2010 Yes someone here was nice enough to send me one. Then after much research online I was able to find one a little more recent than the one I was sent. Chase attached it to a lawsuit with someone else a few years ago. Anyway I think it benefits me even more, the agreement originally had the three forums in their agreement then it changed to just NAF and AAA no JAMS. If i am reading here correctly this is better, right? Also Chase did take out there arbitration clause effective 2/2010 but since this lawsuit is from before that I think I am OK. Anyway motion is going out I will let you know what happens. Link to comment Share on other sites More sharing options...
Quader Posted May 7, 2010 Report Share Posted May 7, 2010 Q,Was your suit with Chase?yes ... it is Link to comment Share on other sites More sharing options...
jkg3 Posted May 8, 2010 Report Share Posted May 8, 2010 Also Chase did take out there arbitration clause effective 2/2010 but since this lawsuit is from before that I think I am OK. Anyway motion is going out I will let you know what happens.You are ok as long as you defaulted prior to them removing the arbitration clause. Link to comment Share on other sites More sharing options...
MG05 Posted May 8, 2010 Report Share Posted May 8, 2010 Remember this in any argument you might have to make with the court … this is an adhesion contract between the creditor and you. If a debt is defaulted before the change in terms of the contract and you did not use the card you could not have agreed to the changes in terms. Remember use of the card ratifies the changes of terms in an adhesion contract where signatures are not required. Whatever terms were in place when you last used the card and then subsequently defaulted would be the contract in place. Link to comment Share on other sites More sharing options...
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