Atty for OC supports my MTC-Surprise!

[Peachy]

Just a quick update. Today I got a copy of the Plaintiff's Motion to Stay for Arbitration, in response to my MTC. They WANT to arbitrate! It states that I must initiate within 30 days or forfeit my right to arbitrate. Has anyone dealt with this before where the counsel for OC not only acknowledged the clause, but requested it following an MTC? Trial is set for next week and I wonder if they're getting antsy. They called again today trying to settle. Thoughts, suggestions, strength, hope, experience?

[chuckygee]

See what settlement they want.

They are changing tactics to contend with the onslaught of arbitration issues. If they can beat you to the punch, they may convince the judge that you need to initiate, which is not true. This also allows them to define the timeline. They have restricted the issue to 30 days. If you do not object to their motion, you only have 30 days to initiate. So if you are bluffing and don't intend to file for arbitration, you will be right back in court in 30 days.

I am not referring directly to "You" in the narrative, just the you from the plaintiff's view. I'm sure a lot of people have read on the internet "Elect Arbitration". They have no idea what it means, but it seams to be working for people, so this is their way to weed them out and get them back into their court MSJ trap.

File the claim in JAMS and see if they are still as friendly:)++

[RebelLady]

I agree with chuckygee. Unless your cc agreement calls for you to initiate and confines you to 30 days to do so or forfeit your right to arbitration...I would object. Unless your cc agreement is different from most...they have NO timelines and the only way you can forfeit your right to arbitrate claims...is to die...lol

RL

[skippy1960]

Just a quick update. Today I got a copy of the Plaintiff's Motion to Stay for Arbitration, in response to my MTC. They WANT to arbitrate! It states that I must initiate within 30 days or forfeit my right to arbitrate. Has anyone dealt with this before where the counsel for OC not only acknowledged the clause, but requested it following an MTC? Trial is set for next week and I wonder if they're getting antsy. They called again today trying to settle. Thoughts, suggestions, strength, hope, experience?

I wouldn't get to excited yet, these folks don't just decide to agree unless their is an upside for them. Read "Lissers" post had the same thing happened.

Here is my thought, I posted similarly on the other board in less detail. Show up and fight for your MTC and for them to initiate. This is what can put them in the box, not sure which arb forums, but NAF and AAA won't take them on initiation and JAMS is questionable. Further, they don't have to do any additional work if they get you to initiate, you have all the paper work to file, copying everyone, and frankly I can see them holding you to the strict guidelines of the contract in filing.

Arbitration elections are building and they aren't equiped to file these,nor does it fit in the cost structure of turn and burn default judgement business.

I would be interested to hear Chuckee and NOBK4Me

[Peachy]

Great feedback, thanks so much. I would still like my "day in court", but now must I Answer their Motion to Stay. In my letter electing Arb, I enclosed a blank AAA form (only AAA or NAF options) and asked them to initiate arbitration and quoted the part about them fronting me the money for my arb. fees. I understand now that the OC/Atty CAN'T initiate with AAA. If that's the case how can I plead with them to initiate (unless I plead "ignorance")?

[skippy1960]

Don't assume you will win and they have to initiate, start preparing now this may need to be done if they are the initiators. A full win by them giving you only 30 days is pretty short. As Chuckee said be sure to ask for more, like 90days, then 60 sounds decent.

Start Reviewing the rules for arbitration for the forum you would pick or that is available based on the contract. Print them off and start asking questions, and finding answers.

Next you will need to think about what violations or claims you have against the OC and CA, based on FDCPA, FCRA, and any state consumer statues.

Still lots of learning and work, but if you have to file a claim that is the only way to get them the first big monetary bill sent to them. They are counting on you giving up or missing a deadline or you haven't a claim to file.

[RebelLady]

hehehehe

How about this? Next time they call to offer a settlement...tell them you will be much more willing to talk settlement when you are notified by the court that their MTS has been withdrawn but until then, you really have nothing more to say...

lololol

RL

[skippy1960]

Great feedback, thanks so much. I would still like my "day in court", but now must I Answer their Motion to Stay. In my letter electing Arb, I enclosed a blank AAA form (only AAA or NAF options) and asked them to initiate arbitration and quoted the part about them fronting me the money for my arb. fees. I understand now that the OC/Atty CAN'T initiate with AAA. If that's the case how can I plead with them to initiate (unless I plead "ignorance")?

You are right on file Defendants Opposition to Plaintiffs Motion to Stay, the only fact you want to disagree with is "who initiates" and time. You want them to initate, as they are suing you bring up that the contract is unclear on the issue of initiation and they wrote the contract. If it is unclear they should be the party to initiate. Use examples of clarity from other parts of the arb agreement to show how precise it was written. Their mistake for not being more precise they initiate....

[GenX99]

Great feedback, thanks so much. I would still like my "day in court", but now must I Answer their Motion to Stay. In my letter electing Arb, I enclosed a blank AAA form (only AAA or NAF options) and asked them to initiate arbitration and quoted the part about them fronting me the money for my arb. fees. I understand now that the OC/Atty CAN'T initiate with AAA. If that's the case how can I plead with them to initiate (unless I plead "ignorance")?

Ok I'm being dense again but why can't OC/Atty initiate with AAA? Why would they write a contract with AAA in it and then have language like "either we or you" can choose arbitration if they couldn't use it too?

[skippy1960]

Ok I'm being dense again but why can't OC/Atty initiate with AAA? Why would they write a contract with AAA in it and then have language like "either we or you" can choose arbitration if they couldn't use it too?

GenX you I know that you are working the arb strategy. Try to do more reasearch so you fully understand your strategy I want you to have the best outcome possible.

The short answer to your questions is around the NAF, and a suit brought against them by MN attorney general. You should do a little research on this. As part of settlement NAF agreend not to do credit card arbitrations any longer. AAA not wanting to experience similar questions about their actions in credit card arbitration, decided to not allow card arbitration filed by the banks. They will still take consumer initiated arbitration against banks.

This is the short version of why it is so important to have the court order them to initiate, once you win this, these folks are in a real box and are ripe for settlement possibilities.

Don't get me wrong getting them out of court and to arbitration with you having to initiate is still good, but forces alot work on your part and you may have to pay the arb fee to get things going.

There is some additional information outlining this strategy at the following location read some of the Moderator Threads.

http://www.debtorboards.com/index.php/board,121.0.html

[GenX99]

Actually I thought I read that if its a COURT order the credit card companies can initiate will AAA. "It is the AAA’s policy to comply with court orders whenever possible." or JAMS etc. So they can initiate whether those forums will accept is the question. I just don't want consumers to think its written in stone because its not. The whole consumer initiate arbitration started when some of these CA (cough Zwicker) started ignoring their clients contract so the strategy was to stick a forums form in the DV letter or answer, etc. to show them the consumer was serious. So now is Peachy stuck since she did this?

[skippy1960]

Actually I thought I read that if its a COURT order the credit card companies can initiate will AAA. "It is the AAA’s policy to comply with court orders whenever possible." or JAMS etc. So they can initiate whether those forums will accept is the question. I just don't want consumers to think its written in stone because its not. The whole consumer initiate arbitration started when some of these CA (cough Zwicker) started ignoring their clients contract so the strategy was to stick a forums form in the DV letter or answer, etc. to show them the consumer was serious. So now is Peachy stuck since she did this?

See if this clarifies the discussion for folks that may read this thread. Most card agreements use 2 terms that cause confusion for all involved.

First on is "Elect"- If either you or we elect blah, blah, blan... Definintiion of elect is-"decide to do something: to make a decision to do something, choose something: to choose or select something,"

Second is "Initiate"- "make something start: to cause something, especially an important event or process, to begin"

These are not interchangeable they are seperate, one is about deciding the other about taking action. More often than not consumer should be working towards forcing the OC/CA/JDB to initiate claim in arb forums, because this creates the biggest hurdles and cost for them to continue to collect.

So as I understand where Peachy is she is fine, she has elect made a decision, and is now asking the court to affirm her decision and then force the Plaintiff to take the action related to her decision.