jwhit Posted March 6, 2012 Report Share Posted March 6, 2012 In Oregon, we have court mandated arbitration that seems to go more for the JDB. I have arbitration set for later this month against Suttell & Hammer. They have been allowed to participate by phone since they are 4 hours away. Although it pains me, at this point, I am wondering if it would be best to try to settle instead of risking $5000 judgement. I have read past reports about those who had their cases dismissed but I am looking specifically for input from those who have successfully defended their suit. Thanks! Link to comment Share on other sites More sharing options...
Longfellow Posted March 6, 2012 Report Share Posted March 6, 2012 I need a copy of Capital One Bank Credit Card Agreement. Especially the one that contains the arbitration clause where the party who is wanting the arbitration is responsible for the entire cost of the arbitration.I am also going to submit a REFUSAL OF ARBITRATION letter in the Circuit Courts record & to Suttel & Hammer & the Arbitrator! Only problem is, this county in Oregon is so small in population (6500), everybody is hungry & they don't follow any law!!!Thanks! Link to comment Share on other sites More sharing options...
jwhit Posted March 7, 2012 Author Report Share Posted March 7, 2012 Longfellow- Sorry, I don't have a copy of Capital One's agreement. Are you able to submit a refusal of arbitration if it has already been assigned to an arbitrator? Link to comment Share on other sites More sharing options...
Huey Pilot Posted March 7, 2012 Report Share Posted March 7, 2012 I need a copy of Capital One Bank Credit Card Agreement. Especially the one that contains the arbitration clause where the party who is wanting the arbitration is responsible for the entire cost of the arbitration.I am also going to submit a REFUSAL OF ARBITRATION letter in the Circuit Courts record & to Suttel & Hammer & the Arbitrator! Only problem is, this county in Oregon is so small in population (6500), everybody is hungry & they don't follow any law!!!Thanks!Here is a link:Consumer Credit Card Agreements - Capital OneHP Link to comment Share on other sites More sharing options...
Longfellow Posted March 11, 2012 Report Share Posted March 11, 2012 Thank you, HPI went through all 5 of the Capital One agreement links and found nothing concerning arbitration. I need to find a link or agreement that stipulates their position on arbitration. Link to comment Share on other sites More sharing options...
Longfellow Posted March 11, 2012 Report Share Posted March 11, 2012 Hi Jwhit,I need to try something. A refusal or some other motion submittal to get S&H and the court off of my back. As you & I both know it is a scam & a fraud for me to even consider allowing S&H the courtesy of getting their way. The courts are owned by the banks, so my steps need to be calculated precisely. Link to comment Share on other sites More sharing options...
Huey Pilot Posted March 11, 2012 Report Share Posted March 11, 2012 Thank you, HPI went through all 5 of the Capital One agreement links and found nothing concerning arbitration. I need to find a link or agreement that stipulates their position on arbitration. Check this link. I guess it explains why you are unable to find Cap One's Arbitration clause.Capital One dumps arbitration requirement | OregonLive.comHP Link to comment Share on other sites More sharing options...
Huey Pilot Posted March 11, 2012 Report Share Posted March 11, 2012 (edited) Check this ORCP regards the possibility of "Objection to Arbitration".Oregon Uniform Arbitration Act36.705 Vacating award. (1) Upon petition to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (a) The award was procured by corruption, fraud or other undue means; ( There was: (A) Evident partiality by an arbitrator appointed as a neutral arbitrator; ( Corruption by an arbitrator; or © Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding; © An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to ORS 36.665 so as to prejudice substantially the rights of a party to the arbitration proceeding; (d) An arbitrator exceeded the arbitrator’s powers; (e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising an objection under ORS 36.665 (3) not later than the beginning of the arbitration hearing; or (f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in ORS 36.635 so as to prejudice substantially the rights of a party to the arbitration proceeding.I have seen a couple of Oregon Arbitration winners on this site. VW Driver was one of them. Usually a non-appearance by the Plaintiff's attorney resulting from expense of all the paperwork and opposition to paying attorney fees for court time. Limited return.Sorry - Not much help but you might try the objection though I doubt it will fall on anything but deaf ears.HP Edited March 11, 2012 by Huey Pilot Omission Link to comment Share on other sites More sharing options...
bad98roadster Posted March 11, 2012 Report Share Posted March 11, 2012 (edited) There's an agreement for Cap1 in the link below that has an arbitration clause.Bank Credit Card Agreement links and postshttp://www.creditinfocenter.com/forums/1134092-post2.html Edited March 11, 2012 by bad98roadster Link to comment Share on other sites More sharing options...
Huey Pilot Posted March 11, 2012 Report Share Posted March 11, 2012 Check out these people that have went through the Objection to Arbitration successfully using JAMS or something.Oregon Law and Mandatory Arbitration confusionHP Link to comment Share on other sites More sharing options...
jwhit Posted March 12, 2012 Author Report Share Posted March 12, 2012 I have seen a couple of Oregon Arbitration winners on this site. VW Driver was one of them. Usually a non-appearance by the Plaintiff's attorney resulting from expense of all the paperwork and opposition to paying attorney fees for court time. Limited return.In my case, Suttell & Hammer has been allowed to participate in arbitration by phone since they are over 4 hours away. VW's win was a while ago and it looks like they have found a way around the non-appearance issue. HP- Any new updates on your case? Link to comment Share on other sites More sharing options...
Huey Pilot Posted March 12, 2012 Report Share Posted March 12, 2012 Still waiting. Haven't been signed an Arbitrator as of yet. That appearance by tele-communications sort of defeats the whole idea of the legal process. I wonder if you can file an objection. He should have to pay your share if opposing council can make his non-appearance by phone. Might be worth a try. HP Link to comment Share on other sites More sharing options...
torri_sae Posted April 30, 2012 Report Share Posted April 30, 2012 Any updates on this? Link to comment Share on other sites More sharing options...
Huey Pilot Posted May 1, 2012 Report Share Posted May 1, 2012 Any updates on this?Arbitration will be Wed May 2nd at 9:30 AMHP Link to comment Share on other sites More sharing options...
drummer55 Posted May 3, 2012 Report Share Posted May 3, 2012 Arbitration will be Wed May 2nd at 9:30 AMHPHey HP how'd it go? Link to comment Share on other sites More sharing options...
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