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arbitration after summons & answer?


Mimi-to-8
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I desperately need to know if anyone knows the Chase arbitration clause that would apply to an "alleged" CC account opened in 2004 and defaulted in Dec 2009 (last payment in Nov 09).

Summons filed and Answer filed. No court date or any other docs filed.

I want to elect arbitration but do not want to state an agreement and/or clause that I do not have to back me up. I also do not want to ask them for one and let them know I don't know.

I need to get the ball rolling before court gets too far along.

I read they us AAA and also read they use JAMS and you can ask for $500.

Which is correct for my default time?

Please can anyone help?

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Unfortunately Chase took out their Arb agreement in July of 09 due to a settlement issue on a class action against them regarding the class action waiver.

I don't know the exact date they amended their agreements though, so it may be a possibility, but I don't want to get your hopes up. Do you have the most recent copy of your cardmember agreement with them? The copy I have on my blog is from '02.

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Do you have the most recent copy of your cardmember agreement with them?

Unfortunately, I do not :cry:

A nice member here emailed me an agreement that doesn't have a date but on page 5 it says copyright 2007.

Would this be valid since default is end of 2009?

I am desperate at this point!

I have 15 yrs of paperwork boxed up in my spare bedroom closet. I do not have a clue if one is in there (I tend to toss things like that:oops:). I would hate to spend an entire week going through that mess and not find the appropriate one. I need to spend that time researching and preparing for court or arb.

Can anybody help me? I sure don't want to ask "them" for one, especially when the clause is questionably in there or not!!!

HELP!

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Guest northshore

Can I trouble you to email me that 2007 copy of the Chase Agreement? I am in kind of the same situation, have an account that morphed into Chase when they merged with Bank One in 2004 so I need an agreement subsequent to that.

Thanks,

Dave

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Unfortunately Chase took out their Arb agreement in July of 09 due to a settlement issue on a class action against them regarding the class action waiver.

I don't know the exact date they amended their agreements though, so it may be a possibility, but I don't want to get your hopes up. Do you have the most recent copy of your cardmember agreement with them? The copy I have on my blog is from '02.

Just a correction because I've seen this stated a number of times but Chase didn't remove the Arb agreement until 2010.

"If a judge approves the settlement with JPMorgan Chase, the company’s move to drop the arbitration clause from card contracts would be made formal in court.

Berger & Montague said the settlement would require the bank to drop the clause for at least three and a half years beginning in January. Chase also would “immediately cease enforcing its existing arbitration clauses against its cardholders,” the law firm said.

JPMorgan won’t replace the arbitration clause with any other language, such as a class-action waiver, in card-member agreements that will be sent to customers in the first quarter of 2010, Hartwick said. "

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I was under the impression that whatever the terms were regarding

arbitration when you alledgedly got the account, would be grandfathered into

being able to elect arbitration now.

Chase removed it.

HSBC removed it and I just got notice Bank of America

has also.

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GenX, Thanks for clearing that up.

When I was doing the searching on the case, I saw that Chase settled their claim in July 09, but had no definitive date on the actual date it disappeared from the contracts. So I was erring on the side of caution.

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GenX, Thanks for clearing that up.

When I was doing the searching on the case, I saw that Chase settled their claim in July 09, but had no definitive date on the actual date it disappeared from the contracts. So I was erring on the side of caution.

Yep I know just wanted to have this posted just in case someone were to read it (like me) and start getting worried about missing the cut off :lol:

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