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Chase Bank is taking me to court (IL)


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I am have been summoned to mandatory arbitration by Chase. I have consulted with a lawyer at the Will County Legal Assistance Program.

He told me that since I am unemployed and have no assets, I should fight it. So I went to court and contested.

The only thing they sent with the disclosure is a single credit statement page. I have attached the documents the sent me.

Some points the lawyer mentioned about the statement:

- No interest charges listed

- Nothing showing how they calculated the damages.

- It's a facsimile, not even a real statement

- Strange date at bottom of the page (10 02 08)

Other arguments he suggested:

- Ask breakdown of charges and Interest

- I never agreed to signed a contract mandatory arbitration

- Ask for a copy of the credit card agreement (from around 2003)

I need to fill out a disclosure form, but I'm not sure about how to go about it. The best way to make an argument and how to word it.

I've included a copy of the disclosure form, if that is needed. Although it's missing the part at the end for signatures.

post-85267-135461038593_thumb.jpg

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post-85267-135461038598_thumb.jpg

AR2.zip

Edited by unknownsoldi
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Okay. It looks like they're trying to pull a fast one here. AAA and JAMS are two private arbitration forums. They're the forums that Chase listed on their cardmember agreements to handle arbitration of disputes.

What it seems like you've been put in is Alternative Dispute Resolution, the state court sanctioned version of arbitration. What people on here talk about when they're talking about Arbitration isn't the kind you're being forced into.

ADR isn't part of the contract, and therefore shouldn't be mandatory or binding on you. If they want arbitration rather than a court case to solve their issue, they need to proceed in AAA or JAMS, preferably JAMS, since it's much more expensive for them.

Jams Website:

http://www.jamsadr.com/

I can assure you that the state court ADR isn't up to part with the consumer fairness protocols. Which is why I would object to the venue.

Do you have a cardmember agreement, or the estimated time of the alleged default?

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Your images are too small, can't read them. I'm in a similar situation, only a credit card statement provided. I believe the general strategy here is to have this thrown out as Hearsay evidence. But, I don't know if that applies to arbitration. As far as arguing "I never agreed to signed a contract mandatory arbitration," they might argue that use of the card meant acceptance of the agreement (or Tacking).

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I am have been summoned to mandatory arbitration by Chase. I have consulted with a lawyer at the Will County Legal Assistance Program.

He told me that since I am unemployed and have no assets, I should fight it. So I went to court and contested.

The only thing they sent with the disclosure is a single credit statement page. I have attached the documents the sent me.

Some points the lawyer mentioned about the statement:

- No interest charges listed

- Nothing showing how they calculated the damages.

- It's a facsimile, not even a real statement

- Strange date at bottom of the page (10 02 08)

Other arguments he suggested:

- Ask breakdown of charges and Interest

- I never agreed to signed a contract mandatory arbitration

- Ask for a copy of the credit card agreement (from around 2003)

I need to fill out a disclosure form, but I'm not sure about how to go about it. The best way to make an argument and how to word it.

I've included a copy of the disclosure form, if that is needed. Although it's missing the part at the end for signatures.

Google : "Adhesion Contracts"...and then google your state law regarding "adhesion contracts"

ie: Illinois state law regarding adhesion contracts.

In Tenn , the state law specifically indicates that "adhesion contracts are un-enforceable, in whole or in part.

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This is a small claims court right? I tried looking @ the summons as best I could but it is really small
Your images are too small, can't read them. I'm in a similar situation, only a credit card statement provided. I believe the general strategy here is to have this thrown out as Hearsay evidence. But, I don't know if that applies to arbitration. As far as arguing "I never agreed to signed a contract mandatory arbitration," they might argue that use of the card meant acceptance of the agreement (or Tacking).

The images are very large. But the site shrinked them to 620x280. Here they are again, zipped.

plaintiff-complaint.zip

plaintiff-disclosure.zip

statement.zip

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Okay. It looks like they're trying to pull a fast one here. AAA and JAMS are two private arbitration forums. They're the forums that Chase listed on their cardmember agreements to handle arbitration of disputes.

What it seems like you've been put in is Alternative Dispute Resolution, the state court sanctioned version of arbitration. What people on here talk about when they're talking about Arbitration isn't the kind you're being forced into.

ADR isn't part of the contract, and therefore shouldn't be mandatory or binding on you. If they want arbitration rather than a court case to solve their issue, they need to proceed in AAA or JAMS, preferably JAMS, since it's much more expensive for them.

I can assure you that the state court ADR isn't up to part with the consumer fairness protocols. Which is why I would object to the venue.

Do you have a cardmember agreement, or the estimated time of the alleged default?

I need to mail my disclosure form tomorrow. It is due on Aug 3rd. The case management thing is on Aug 17th. Please advice how I should proceed. How do I change the venue? Should I still mail the disclosure just in case?

How much do AAA and JAM cost? I can barely afford the $161 "appearance fee" for the Circuit Court.

I don't have the cardmember agreement. I defaulted a few months ago. In February, I think.

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Hmm. I'm not sure how to advise since the default was in Feb of this year. I wouldn't upset the court at this point, and would probably answer the disclosure statement. But, what is it asking for.

I'm not sure if Chase is still using JAMS in their 2010 agreement, so it may not be an option at this point. However, as an FYI, JAMS fee is 250, and AAA is 125 generally. Again, it may not be applicable to your card since it was a relatively new default. You should ask them for the controlling cardmember agreement when you get a chance.

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I spoke to the lawyer at the assistance program and he said something about organizations like AAA and JAMS getting in hot water in Minnesota. They were siding with the credit card companies around 95% of the time. That is why they are moving these cases into the courts. He suggested I still try it, as it could slow them down.

Also, I shouldn't have to worry about the $161 fee, as there is a waiver I can fill out. I just have to go to the clerk and get the form. The instruction packet I received doesn't even mention it.

Also, at the end of the disclosures form, there is a spot for the signature of a Notary Public. What do I do about this?

Edited by unknownsoldi
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Here is what I have on my draft copy of the disclosure form. I could REALLY use some help with this.

1. Defendant denies delinquent credit card account.

2. Defendant denies breach of contract as there was neither a signed nor

verbal agreement.

3. Defendant challenges the accuracy of the computed damages. Plaintiff has

presented neither the method used to calculate the sum of the damages, nor

the amount of interest charged.

9. Defendant challenges the credit card statement presented as evidence. It

is a facsimile and a computer generated document, and the accuracy is unknown.

At the end of the form is a spot for the signature of a Notary Public. What do I do about this?

Also, should I mail the documents with delivery confirmation?

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