Linda7

The strategy and steps of arbitration

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A little confused. Do I send "Notice of Arbitration Election", "MTC" and "Demand for Arbitration before JAMS" all at the same time, or just the NAE and MTC and wait for the Judge to approve before JAMS?

I don't know where you are with your case or who you are up against. Let us know more of the details.

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The CA is Cavalry. The local attorney is Nelson Ewin. Case information states "CCS- Cerificate Arbitration-Subject To"

I am understanding from this thread that arbitration works for the consumer. Why would CA want arbitration?

Seems Nelson Ewin recently got a lot of Cavalry cases.

Since its $27k your in Superior Court not Justice. The Certificate related to Arbitration is required in under I believe $50k. This as pointed out NOT JAMS but Court arbitration.

The biggest headache may be they will file a motion for summary judgment before the arbitration which they can do and you will have to answer within 30 days with points and memorandum of law etc.

Hopefully they won't file before arbitration which may be in 3-6 months.

OF course you still have to timely file answer to Complaint and within 40 days after that a 24.1 Disclosure Statement

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Let's say you initiate arb against the OC but they object to it, stating as their reason that they removed the arb provision.

The arb provision contains a survival clause but the OC says the change-in-terms section allowed them to unilaterly remove the arb section.

What can be done?

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Seems Nelson Ewin recently got a lot of Cavalry cases.

Since its $27k your in Superior Court not Justice. The Certificate related to Arbitration is required in under I believe $50k. This as pointed out NOT JAMS but Court arbitration.

The biggest headache may be they will file a motion for summary judgment before the arbitration which they can do and you will have to answer within 30 days with points and memorandum of law etc.

Hopefully they won't file before arbitration which may be in 3-6 months.

OF course you still have to timely file answer to Complaint and within 40 days after that a 24.1 Disclosure Statement

You must be familier with Mr. Ewin, lol.

I dont think this arb will work for me in this case, I dont understand JAMS, so not going to try.

Havent been served yet.

Thanks for your reply. I have a lot to learn.

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Let's say you initiate arb against the OC but they object to it, stating as their reason that they removed the arb provision.

The arb provision contains a survival clause but the OC says the change-in-terms section allowed them to unilaterly remove the arb section.

What can be done?

Them changing the interest rates, etc., is one thing. But, your arbitration provision stating it will survive "any" changes, etc., - then they are hooked with that.

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Thanks Linda7.

Do you know of any case law that shows that?

Thank you.

They are bound by the terms of the agreement. If there is a survivability clause - it must be honored.

Read your agreement thoroughly. Does it have the part in there about being governed by the FAA?

If so, the Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:

“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

And - The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____ , ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ."

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

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Linda7,

Thank you SO much for your time and detailed explanation of the arbitration process. I need some help with my JAMS Formal Complaint. The details of our case follow.

We were sued by Cap 1 (Hannah & Assoc). We prepared our answer, elected to compel arbitration, and went to court. At roll call, the Hannah attorney said they would "stay" their legal action and recognize our election of arbitration.

We initiated arbitration, even payed our $250, and sent registered copies to everyone involved. We subsequently received notice that Cap 1 had elected a different law firm to represent them (PM me for name, if needed), and were notified by JAMS that Cap 1 had (presumably) paid their $550, and that arbitration had been initiated. Of course we were out of town when they initiated, and now have to prepare and mail out our Formal Complaint ASAP! (Lesson to lurkers: start preparing our Formal Complaint as soon as you elect arbitration! I wasn't in a hurry, because I honestly thought they would never initiate with such a small balance...and was wrong.)

We're sorting through the strike list right now, but would really love to see someone's sample Formal Complaint. Any chance you (or someone) could either forward to me, or post, their Formal Complaint for us to reference?

Thanks, Algae

Edited by algae
Post revealed details of ongoing legal case

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You are AMAZING!

I've completed everything and I have only two questions. The the MTC, #6, you have two statutes listed and both have "_____,_____ (2010). I'm not sure what should be there.

Also, is it OK to add in #4 of the MTC something like, "The Arbitration agreement also states that at our request, you will advance any fees...." ?

Thank you.

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You are AMAZING!

I've completed everything and I have only two questions. The the MTC, #6, you have two statutes listed and both have "_____,_____ (2010). I'm not sure what should be there.

Also, is it OK to add in #4 of the MTC something like, "The Arbitration agreement also states that at our request, you will advance any fees...." ?

Thank you.

Yes - the blanks are supposed to be there.

There is no point in mentioning fees in a MTC as that is just a motion asking the court to compel arbitration. But, if the agreement states they will advance the fees, I would most definitely put that in the notice of election of arbitration sent to the attorney and the creditor.

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A formal complaint would be like violations you bring in court. Here is a SAMPLE of a formal complaint for the state of Alabama. Note, that each state would have different consumer laws, etc., so just use this as a sample only! The sample below is only using FDCPA, FCRA and Alabama consumer laws. There could be other violations though (Breach of contract, TILA,TCPA, etc.) in your case, so be sure to add all your violations. A good way to look for violations in your state would be to look up cases filed at your courthouse.

*Also, note that you generally may not have any or very few violations to begin with, but as things progress, you generally rack up more violations against the other side.

The first part is below, with the ending part being in the next post. Also, note - this should be double spaced, but I had a hard time getting it to post correctly.

 

*Formal complaint contributed by member - jbmex3
 

 

 

JAMS

IN THE MATTER OF ARBITRATION BETWEEN



JANE E. SMITH
 

Claimant

Reference No: 2756754341

 



Vs.


CAPITAL ONE BANK

Respondents(s)


RACHEL MARLEY
Respondent(s)

KEVIN R. STANCIL
Respondent(s)

TAYLOR MATSON
Respondent(s)

FRANKLIN & GARVY
Respondent(s)

 

COMPLAINT



Comes now the claimant, Jane E. Smith, for a cause of action against the above respondents:

1. This is an action for damages brought by a consumer under the Alabama Consumer Protection Law, which prohibits debt collectors, from engaging in deceptive and unfair trade practices.

2. This is also brought under the Fair Debt Collections Practices Act. (FDCPA)

3. This is also brought under the Fair Credit Reporting Act. (FCRA)
 

PARTIES


4. Claimant, Jane E. Smith, is a natural person residing in Birmingham, Alabama.

5. Respondent, Capital One, is a "creditor" as defined by FDCPA.

6. Respondent, Franklin & Garvy is based in Birmingham, Alabama. Franklin & Garvy is engaged in debt collections in Alabama. The principal purpose of Respondent, Franklin & Garvy, is the collection of debts using the mail, telephone and court system. Respondent regularly attempts to collect debts alleged to be due another.

7. Respondent, Rachel Marley, is an attorney employed at Franklin & Garvy.

8. Respondent, Kevin R. Stancil, is an attorney employed at Franklin & Garvy.

9. Respondent, Taylor Matson, is an attorney employed at Franklin & Garvy.

10. Claimant, Jane E. Smith, is a "consumer" and "debtor" defined by Alabama Consumer Law.

11. Respondent, Franklin & Garvy, is a collection firm engaged in "debt collection" as defined by FDCPA.
 

FACTUAL ALLEGATIONS (FDCPA, FCRA, Alabama Consumer Law)


12. On or around April 5, 2011 Respondent, Capital One, began calling Claimant's ex-husband on his cell phone searching for claimant. FDCPA § 805. Communication in connection with debt collection [15 USC 1692c]

13. Respondent, Capital One, continued to call Claimant's ex-husband stating Claimant listed his cell phone number as a work number. FDCPA § 807. False or misleading representations [15 USC 1692e]

14. On October 5, 2011 Respondent, Franklin & Garvy, filed suit against Claimant, Jane E. Smith, in Circuit Court of Shelby County, Alabama case # CV12-754983 on behalf of Respondent, Capital One.

15. Respondent, Capital One, places incorrect account in dispute with CRA. FCRA § 1681c(f)

16. On October 10, 2011 Claimant, Jane E. Smith, disputed the account and elected arbitration.

17. Despite being notified, Capital One, did not report the trade lines as in dispute with Equifax, Transunion, and Experian FCRA § 1681c(f)

18. On October 20, 2011 Claimant, Jane E. Smith, was served with a summons for court.

19. On October 25, 2011 Claimant, Jane E. Smith, sent to Respondent, Franklin & Garvy, a demand for arbitration through JAMS.

20. On October 27, 2011 Respondent, Franklin & Garvy, receives Claimant, Smith's demand for arbitration through JAMS.

21. On December 1, 2011 Respondents, Kevin R. Stancil. and Rachel Marley, file a Motion To Compel Arbitration and Stay Pending Arbitration with either party being allowed to commence and arbitrate although they were fully aware Claimant, Smith, had already filed with JAMS as evidenced by receipt of JAMS demand on October 27.

22. On December 5, 2011 Respondents, Stancil and Marley's, Motion To Compel was granted.

23. On December 6, 2011 Claimant, Smith, submits Demand for Arbitration to JAMS with a cover letter requesting fees be billed to Respondent per their agreement.

24. On December 8, 2011 JAMS receives Claimant, Smith's, Demand for Arbitration with proper 2010 card member agreement.

25. On December 8, 2011 Respondents, Stancil and Matson, file Demand for Arbitration with AAA for two alleged debts knowingly using improper 2009 card member agreement even though only one account was ordered into arbitration. . AL Consumer Law § 8-19-5 Unlawful Trade Practice.

26. On December 8, 2011 Respondents, Stancil and Matson, in their Demand for Arbitration to AAA make reference to Civil Action No. CV11-834147 in the Circuit Court of Shelby County, Alabama and request judgment for two alleged debts. . AL Consumer Law § 8-19-5 Unlawful Trade Practice,FDCPA § 807. False or misleading representations [15 USC 1692e], FDCPA § 809. Validation of debts [15 USC 1692g]

27. On December 9, 2011 Claimant, Smith, calls JAMS to confirm receipt of Demand for Arbitration. Claimant, Smith, is informed the fees could not be billed. That same day Claimant, Smith, sends JAMS a check for arbitration fees.

28. On December 9, 2011 Respondent, Franklin & Garvy send check for arbitration fees to AAA knowing full well that Claimant had already initiated in JAMS.

29. On December 9, 2011 Respondent, Franklin & Garvy send Claimant, Smith, a dunning letter for a second alleged debt.

30. On December 12, 2011 Claimant, Smith, requests validation of debt.

31. On December 12, 2011 JAMS accepts Claimant, Smith's, Demand for Arbitration. Case # 2348963456.

32. On December 27, 2011 Respondent, Stancil, sends a letter to Mr. Jim Friedman stating Claimant, Smith, did not initiate arbitration properly and also states "we will work off the copy attached to Ms. Smith's submission rather than the copy attached to Capital One's submission" thus demonstrating he knew he used improper agreement. . AL Consumer Law § 8-19-5 Unlawful Trade Practice, FDCPA § 807. False or misleading representations [15 USC 1692e]

33. On January 13, 2012 Respondent, Stancil, sends a letter to AAA stating that their case was initiated on December 9, 2012 upon them writing a check to AAAand stating that Claimant Smith's check wasn't deposited by JAMS until December 16, 2012 in an effort to show that they initiated first even though Claimant Smith's check was written on December 9, 2012.

34. On January 18, 2012 Claimant, Smith, sends a letter to Mr. Jim Friedman of AAA explaining the Civil Action No. CV11-834147 was for account ending in 2345 only, evidence that the alleged account was opened in 2010 and the proper card member agreement governing would have been 2010, not the 2009 agreement respondents used.
 

(Continued in next post)

Edited by Linda7

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(Second part)

35. On January 24, 2012 JAMS accepts second case filed by Claimant, Smith, Ref. # 1450127845.

36. On January 27, 2012 Respondent, Marley, sends a letter to JAMS stating this case is being arbitrated in AAA and respondents will not be participating in JAMS.

37. On January 30, 2012 AAA sends a letter to Respondents, Stancil and Matson, stating they needed to revise their complaint since they improperly initiated by adding the second account when court ordered only for account ending in 8196.

38. On January 31, 2012 Respondents, Stancil and Matson, submits new claim to AAA again using the incorrect card member agreement. AL Consumer Law§ 8-19-5 Unlawful Trade Practice, FDCPA § 807. False or misleading representations [15 USC 1692e]

39. On March 2, 2012 AAA appoints arbitrator Randall P. Sage to arbitrate this case.

40. On March 12, 2012 Claimant, Smith, files a Motion to Clarify and Expand on Previous Order to Compel Arbitration Dated on December 5, 2011 to the Circuit Court of Shelby County, Alabama.

41. On March 13, 2012 Claimant Smith's Motion to Clarify was granted and a hearing set for April 5, 2012.

42. On March 13, 2012 AAA sends Respondents, Stancil and Matson, an email stating that Claimant, Smith's deposit of $375 has not been paid and AAA cannot move forward with this case, further showing they did not initiate properly.

43. On March 13, 2012 AAA sends Respondents, Stancil and Matson, an email setting a preliminary hearing in AAA for March 27, 2012.

44. On March 16, 2012 Respondent, Stancil, sends AAA an email stating they will pay Claimant's fee of $375 in order to move forward, a full 3 days after Claimant Smith's Motion to Clarify was granted and hearing set. Respondent, Stancil, never once mentioned that a hearing was set to decide jurisdiction in this matter. . AL Consumer Law § 8-19-5 Unlawful Trade Practice

45. On March 19, 2012 Respondent, Marley, sends a letter to JAMS Case Manager Stacy Jordan asking the arbitration process with JAMS be halted until after the court hearing on April 5, 2012.

46. Respondent, Stancil, sends Claimant, Smith, a copy of a letter sent to AAA stating he enclosed a check for $375 to AAA for Claimant Smith's fees dated March 20, 2012. FDCPA § 807. False or misleading representations [15 USC 1692e]

47. On March 22, 2012 Claimant, Smith, files a Motion for Temporary Cease and Desist Order with the Circuit Court of Shelby County, Alabama.

48. On March 27, 2012 AAA and Respondent Stancil have a hearing in AAA in which Respondent Stancil requests a continuance and said request was granted and reset for April 20, 2012. AL Consumer Law § 8-19-5 Unlawful Trade Practice

49. On March 28, 2012 Respondent, Stancil, files a Motion with the Circuit Court of Shelby County, Alabama opposing the upcoming court hearing.

50. On April 3, 2012 Claimant, Smith, files a response to the Respondent Stancil's court opposition.

51. On April 5, 2012 a hearing took place in the Circuit Court of Shelby County, Alabama at which time JAMS was ordered.

52. After court hearing, Respondent, Stancil, told Claimant, Smith, she would be responsible for arbitration and attorney fees. FDCPA § 807. False or misleading representations [15 USC 1692e]

53. Claimant, Smith, is still receiving a bill from AAA for $375 proving that Respondent, Stancil, did not in fact send in a check on March 20, 2012 as he led Claimant to believe. AL Consumer Law § 8-19-5 Unlawful Trade Practice, FDCPA § 807. False or misleading representations [15 USC 1692e]

54. The respondents have repeatedly violated FDCPA, FCRA, and Alabama Consumer Law. Claimant is distressed by the respondent's continual violation of her rights.

55. As a result of the respondent's actions, Claimant has been damaged financially, emotionally, and socially.

STATEMENT OF CLAIMS AGAINST CAPITAL ONE, Franklin & Garvy,

Kevin R. Stancil, Rachel Marley, and Taylor Matson

56. Claimant repeats and realleges and incorporates by reference to the foregoing paragraphs, Respondents have:

· Violated FDCPA

· Violated FCRA

· Violated Alabama Consumer Law

PRAYER FOR RELIEF

THEREFORE, Claimant respectfully prays that the court grants relief against the Respondents for the following:

· Declaratory judgment that Respondents' conduct violated FCRA, FDCPA, and Alabama Consumer Law.

· Statutory damages under FDCPA of no less than $1000.

· Actual damages under FDCPA of no less than $7000.

· Statutory damages under FCRA of no less than $3000.

· Actual damages under FCRA of no less than $7000.

· Actual damages under Alabama Consumer Law of no less than $14000

· For such other and further relief as may be just and proper.

Respectfully Submitted this day _________________, 2012

________________________________, Claimant

Jane E. Smith

3548 Cypress Way

Birmingham, Alabama 48321

Edited by Linda7

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Let's look at other random violations. The following posted below are made up violations using well known entities. Just browse and maybe something might compare to your creditor, collection agency, etc.

************************************

Northland did "not" send a dunning letter within 5 days of the calls left on the answering machine committing multiple violations of 15 U.S.C. §1692g(a), including violating 15 U.S.C. §1692g(a)(1), 15 U.S.C. §1692g(a)(2), 15 U.S.C. §1692g(a)(3), 15 U.S.C. §1692g(a)(4), and 15 U.S.C. §1692g(a)(5) when it failed to send written notice to Claimant within five days of initial communication.

************************************
On January 24, 2012 Northland sent another dunning letter showing an alleged balance of $1,421.15. The alleged balance showing is $300.00 less than in Northland's prior dunning letter, without any record of any payment from Claimant in violation of FDCPA 1692e(2) for "The false representation of the character, amount, or legal status of any debt". Northland's second letter also violates Fair Debt Collection Practices Act (FDCPA) Section 809 ( B) which states "Upon written dispute or validation request from consumer, Collection Agency must cease collections until validation or verification is produced."

**********************************
Claimant was never notified that Respondent, Portfolio Recovery, was submitting negative information to the credit reporting agencies which is in violation of § 1681-2(a)(7) of the Fair Credit Reporting Act.

***********************************

On or about March 10, 2012 Caprio disputed the alleged account and alleged balance with Capital One.

Capital One failed to send Caprio any form of investigation results pertaining to his dispute.as required by 15 U.S.C. § 1681s-2( B)(1)

Capital One verified that the disputed information was accurate and complete to Equifax, Experian and Transunion, even though the tradeline did not contain the notice of dispute, as required by 15 U.S.C. § 1681s-2(a)(3).

As of this date, Capital One continues to report negative, disputed information monthly with Equifax, Experian, and Transunion.

*************************************

Caprio received a dunning letter dated March 20, 2012 from Gafney, collecting for Rosenberg Firm, acting on behalf of Respondent, Capital One, stating Caprio owed an alleged debt. The envelope had a large window which clearly showed that the letter was from a law firm and showed the top line of the letter, which stated in part "due to your failure to make payments on the above bill . . . " This caused extreme embarrassment, humiliation, anger, anxiety and stress upon Caprio. 15 USC 1692f (8) which states "Using any language or symbol,other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business."

*********************************************

Respondent Northland is in violation of the FDCPA by their three phone calls to Caprio's answering machine in violation of FDCPA 1692d(6) "Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity."

Respondent Northland's deceptive calls also violates FDCPA 1692e(10)"The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."

Respondent Northland's deceptive calls also violates FDCPA 1692d "A debt collector may not engage in any conduct the natu*ral consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt."

Respondent Northland's deceptive calls also violates FDCPA 1692c( B) "in that the voicemail is not solely accessed by the alleged debtor, which is illegal third party communications." "Communication" is defined by FDCPA 1692a(2) as "the conveying of information regarding a debt directly or indirectly to any person through any medium." Northland's three debt collection voice mail messages could be and were heard by others besides Caprio.

*************************************


**This is a work in progress and are just samples to hopefully help you understand some of the possible violations.

Anyone and everyone is invited to share violations as well. They don't have to be from a real case. Any example that you're willing to share would be greatly appreciated. Maybe we can keep adding on to the list! :)++




 

Edited by Linda7

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Linda7, I as many others really do appreciate the time you have taken to detail all the steps needed. I'm finishing things up now to get things filed this week. Thanks again for all your help.

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Since a summons has not been issued yet i will elect to choose arbitration per agreement with jams and use your form letter. Does this just go to the attorney crrr or also to the jdb. Also can you show me how to write the affidavit i would include concerning the agreement and electing jams.2006 hsbc. Would it be included on the same page or a separate page.Thanks

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Also can you show me how to write the affidavit i would include concerning the agreement and electing jams.2006 hsbc. Would it be included on the same page or a separate page.Thanks

Copy of sample right here-> http://www.creditinfocenter.com/forums/1168456-post9.html

I'd prefer to say something like:

The attached agreement (see Exhibit B) is a true, unaltered copy of BigBanks cardmember agreement that contains the arbitration provision which governs the dispute between the parties for this alleged account.

than:

The attached agreement (see Exhibit B) is a true, unaltered copy of the agreement that governs the alleged account.

I would want an affidavit that testifies to the governing forum in which the dispute will be settled.

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Since this hasnt been court filed I can assume idont need to include the bottom portion of the affidavit saying That i have mailed it to the attorney.Just mail it crrr and keep the copies. Thanks and does it need to say exhibit B?

Edited by fastback_lover

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Copy of sample right here-> http://www.creditinfocenter.com/forums/1168456-post9.html

I'd prefer to say something like:

The attached agreement (see Exhibit B) is a true, unaltered copy of BigBanks cardmember agreement that contains the arbitration provision which governs the dispute between the parties for this alleged account.

than:

The attached agreement (see Exhibit B) is a true, unaltered copy of the agreement that governs the alleged account.

I would want an affidavit that testifies to the governing forum in which the dispute will be settled.

I like that added part, so I changed mine to reflect the same. :)++

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Since this hasnt been court filed I can assume idont need to include the bottom portion of the affidavit saying That i have mailed it to the attorney.Just mail it crrr and keep the copies. Thanks and does it need to say exhibit B?

Keep in mind, if you aren't in court yet - I would only send a DV letter electing JAMS to resolve the dispute. You would not send the agreement, so there is no need to send an affidavit. What you need to send is in post #2 here - http://www.creditinfocenter.com/forums/arbitration/314030-strategy-steps-arbitration.html

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I like that added part, so I changed mine to reflect the same. :)++

Would you add that to a basic DV with arb election, or only after a suit is filed?

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Would you add that to a basic DV with arb election, or only after a suit is filed?

No. That was just the wording on the affidavit that would be attached to an agreement that you want to use to support your MTC.

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This is the letter I will send out tomorrow crrr. I sent them a validation letter earlier in the week crrr so i coudlnt include this in the letter.It was the standard validation letter requesting what the money you claim I owe is for,etc.etc. Have used many of those in the past to ca's. Linda,please review and advise any changes I should make. Thanks in advance

Fastback_lover

P.O.Box 777

Nowhere,USA

Law Firm of The Accused

666 Devils Lane

Hades,USA

7/28/2012

RE: Your file number 111111111

Dear Attorney Accused;

This letter is in response to your letter dated 7/77/7777. (copy enclosed) which was received on 7/77/7777,regarding the collection of the alleged account referenced above.

That was the first written communication I received from you.

This matter remains in dispute and per the terms of the governing agreement I elect private contractual arbitration via JAMS to resolve any dispute between us.

Pursuant to the terms of the agreement,I am requesting the advance of the arbitration filing fee.

All phone calls are inconvenient, so all communication needs to be by mail.

Regards

Fastback_lover

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This is the letter I will send out tomorrow crrr. I sent them a validation letter earlier in the week crrr so i coudlnt include this in the letter.It was the standard validation letter requesting what the money you claim I owe is for,etc.etc. Have used many of those in the past to ca's. Linda,please review and advise any changes I should make. Thanks in advance

Fastback_lover

P.O.Box 777

Nowhere,USA

Law Firm of The Accused

666 Devils Lane

Hades,USA

7/28/2012

RE: Your file number 111111111

Dear Attorney Accused;

This letter is in response to your letter dated 7/77/7777. (copy enclosed) which was received on 7/77/7777,regarding the collection of the alleged account referenced above.

That was the first written communication I received from you.

This matter remains in dispute and per the terms of the governing agreement I elect private contractual arbitration via JAMS to resolve any dispute between us.

Pursuant to the terms of the agreement,I am requesting the advance of the arbitration filing fee.

All phone calls are inconvenient, so all communication needs to be by mail.

Regards

Fastback_lover

I believe I would send something like this:

Your Name

Your Address

Their Name

Their Address

Re: _______________(account number they reference on the collection letter)

Date

Dear ______________,

Regarding the account referenced above, the agreement states, "The parties acknowledge that they have a right to litigate claims through a court before a judge or jury, but will not have that right if either party elects arbitration. The parties hereby knowingly and voluntarily waive their rights to litigate such claims in a court before a judge or jury upon election of arbitration by either party."

Pursuant to the cardholder agreement, I ELECT arbitration via JAMS to resolve our disputes.

In filling out the JAMS forms, I will need some information. Please forward an email address and fax number for your office and for ____________(who is the JDB in your case?) to my address listed above.

Pursuant to the terms of the agreement I am to pay the first $50 and the creditor upon my request will pay the remainder of the filing fees. Please advance the additional $750 to my address listed above or you can send the funds directly to JAMS on my behalf.

All phone calls are inconvenient, so all communications need to be by mail.

Sincerely,

Your Name Typed

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