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Anyone successful in Oregon Arbitration?


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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!

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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!

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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 One

HP

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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.

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Thank you, HP

I 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. :smile:

Check this link. I guess it explains why you are unable to find Cap One's Arbitration clause.

Capital One dumps arbitration requirement | OregonLive.com

HP

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Check this ORCP regards the possibility of "Objection to Arbitration".

Oregon Uniform Arbitration Act

36.705 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;

(B) There was:

(A) Evident partiality by an arbitrator appointed as a neutral arbitrator;

(B) 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 by Huey Pilot
Omission
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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?

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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

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