stewperr

Chase BankOne cardholder agreement 2005

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Does anyone have a copy or know where I could find a chase bankone agreement from 2005 or 2006? I'm looking to see if there is an arbitration clause.

I just had a hearing in general sessions where the jdb only had some statements and tried to argue the case based on my address. After I did not admit anything under questioning it resulted in a nonsuit, but the attorney said he would get more evidence, a copy of a check used as payment, as we were leaving the courtroom. I'm trying to be prepared for future actions. Is a check sent as payment enough evidence? He was lacking a signed contract, lacking chain of title, lacking a witness.

Also the last payment on the account made was 1/13/06 and the next due date was 2/13/06 which was missed and no further payments were made. Tennessee SOL is 6 years so if they file a suit after 2/13/12 can I argue SOL. I'm asking because the jdb says the charge off date was 8/31/06.

Any advise or pointing me toward helpful resources would be appreciated. Thanks

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alleged account was opened in 2003 from Bankone. In the march 2005 statement it says that chase and bankone are merging and the first statement that says chase is 8/05.

The last on time payment was made on 7/16/05. Small payments ($75 ) way under the minimum (450) were made in November 05, December 05 and finally on 1/13/2006. I did not make these $75 payments. The final statement sent had a balance of about 3300 in 8/06. In the final statements sent they never had the minimum payment as the total balance. The charge off date according to the jdb (first resolution investment corp) was 8/31/06. First resolution was suing for almost 7k in October 2011. It was nonsuited by the attorney representing the plaintiff during the hearing on 1/10/2012.

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The 2004 Chase agreement had JAMS. After that they took JAMS out and they have AAA. JAMS of course is the preferred choice if you're using arbitration.

I do have the 2004 Chase agreement if you're interested in that. I also have the 2005 Chase, but I don't like AAA . . . :rolleyes:

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Thanks linda7, If you could email me both of those agreements I would appreciate it. Do you know if I can elect arbitration if the jdb brings another suit against me for the same account since I did not do in the first case that was nonsuited.

Edited by stewperr
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stewperr;

It sounds to me that they have sued you on an out of statute debt. If I'm not mistaken, Chase uses Delaware as their contract law. Delaware has a 3 year SOL.

Resurgence v Chambers

Suing on an SOL debt is an FDCPA violation. Statutory damages of up to 1000 plus actual damages of the amount they tried to sue you for (according to a consumer attorney See link pg.48.). If you initiate an arbitration, you'll most likely get the choice of law that's described in the cardmember agreement.

http://www.edcombs.com/CM/Custom/9art.new.pdf

The amount of a valid debt does not constitute actual damages. Wiginton v. Pacific Credit Corp., 2 Haw. App. 435, 634 P.2d 111, 118 (1981). However, if it is time-barred it is actual damages. Gervais v. O’Connell, Harris & Assoc., 297 F.Supp.2d 435 (D.Conn. 2003).
Linda7;

Please send me a copy of the 2005 Chase agreement.

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2007 would work for my arbitration request. Is it online anywhere I can download?

No JAMS in there. It only has NAF and AAA. NAF is no more for credit cards, so your only choice would be AAA.

Read at debtorboards regarding arbitration in AAA. It is different than JAMS. It doesn't cost the creditor as much to arbitrate in AAA and they will often go willingly into AAA for arbitration, so you don't quite have all the strategy options that are available in JAMS.

Here's the 2007 - chase2007-3.pdf - 4shared.com - document sharing - download

Here's the debtorboard link - Arbitration

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You're very welcome!

And btw, to anyone looking for one - I have found a 2005 Chase agreement with JAMS. It is here -

Unfortunately the link on the download site does not work for the 2005 agreement :(

It says the the file link you requested is invalid.

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Unfortunately the link on the download site does not work for the 2005 agreement :(

It says the the file link you requested is invalid.

I don't know what's up with that site.

But, it's also posted here in reply #4 - chase 2006 credit card agreement

I know the link is showing 2006, but in post #4 - it is a 2005 Chase agreement with JAMS.

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I don't know what's up with that site.

But, it's also posted here in reply #4 - debtorboards.com/index.php?topic=20440.msg165797#msg165797 chase 2006 credit card agreement

I know the link is showing 2006, but in post #4 - it is a 2005 Chase agreement with JAMS.

Hi Linda7, do you have also Chase/Disney 2006 Agreement? I looked at the link but it is only for 2005. I don't mean to hijack this post but.. I also would like to ask for advise regarding my warrant in debt. I posted it here in CIC titled "Need Advice. Warrant In Debt received Chesapeake, VA" BrunoJDBKiller advised me of doing ARB and he said you are an expert in ARB. I really don't know which way to go and how to go (ARB or go to court and do affirmative defense) about it this is a first to me. I have read some posts and would appreciate what you can advise me regarding my issue.

Thank you so much.

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Hi Linda7, do you have also Chase/Disney 2006 Agreement? I looked at the link but it is only for 2005. I don't mean to hijack this post but.. I also would like to ask for advise regarding my warrant in debt. I posted it here in CIC titled "Need Advice. Warrant In Debt received Chesapeake, VA" BrunoJDBKiller advised me of doing ARB and he said you are an expert in ARB. I really don't know which way to go and how to go (ARB or go to court and do affirmative defense) about it this is a first to me. I have read some posts and would appreciate what you can advise me regarding my issue.

Thank you so much.

I don't have a specific Chase/Disney - but, the Chase agreements that I've seen stopped having JAMS in there after 2005. Then they used AAA. I'll check your other thread. :)++

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