not going down Posted September 4, 2012 Report Share Posted September 4, 2012 (edited) Sending this to the Paintiff's Attny's Wed, CMRR ofcourseIf I'm missing anything Please let me know... ThanksNOTICE TO ELECT ARBITRATIONAccount No. **** **** **** ****Case No. ** **-**September 5, 2012Per the GE MONEY BANK F.S.B CREDIT CARD AGREEMENT that was in effect at any time from the time Defendant allegedly opened an account with the Original Creditor and during the time said alleged account was purchased by the Plaintiff and owned by the Plaintiff, this claim is barred by the election of this Arbitration.Pursuant to GE MONEY BANK F.S.B CREDIT CARD AGREEMENT, I ELECT arbitration to resolve all of our disputes.The person who initiates the Arbitration proceeding must choose an administer: Either “JAMS” or “A.A.A” and file and forward all documentation and filing forms to complete initiation.As per the agreement, "YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS.”As of this notice you must dismiss or stay any and all actions in regards to the Alleged Debt pending the result of the Arbitration. WAIVERAccording to Black's Law Dictionary, the equitable principle of Waiver is defined as "the intentional or voluntary relinquishment of a known right," a "renunciation, repudiation, abandonment, or surrender of some claim, right, privilege, or of the opportunity to take advantage of some defect, irregularity, or wrong."Plaintiff's Credit Card Agreement provides for the election of Private Contractual Arbitration, by either side, removing complaint from litigation in court. Plaintiff abandoned this known right.Terms and Conditions of the Arbitration Provisions were provided to the Defendant through his Discovery request’s, Therefore the Plaintiff’s should have a Copy of these Terms and Conditions already in there Possession and File.All phone calls are inconvenient, so any and all communications need to be by mail.___________________________Not Going Down, Defendant, Pro Se1234 Dirt Poor Rd.Poor Town,USA. Edited September 5, 2012 by not going down Re-Phrase Question Link to comment Share on other sites More sharing options...
Linda7 Posted September 4, 2012 Report Share Posted September 4, 2012 Sending this to the Paintiff's Attny's Tuesday,CMRR ofcourseIf I'm missing anything Please let me know... ThanksNOTICE TO ELECT ARBITRATIONAccount No. **** **** **** ****Case No. ** **-**Pursuant to GE MONEY BANK F.S.B credit card agreement, I ELECT arbitration via Judicial Arbitration Mediation Services “JAMS’‘ to resolve all of our disputes.As per the agreement, "YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS.”As of July 24, 2009, the NAF voluntarily ceased to administer consumer arbitration disputes. Therefore, I elect “JAMS” to resolve all of our disputes.Pursuant to the agreement, I am also requesting an advancement of the fees, to pay to pursue Arbitration. Notifications will be sent to the appropriate parties. As of this notice you must dismiss or stay any and all actions in regards to the Alleged Debt pending the result of the Arbitration. Terms and Conditions of the Arbitration Provisions were provided to the Defendant through his Discovery request’s,Therefore the Plaintiff’s should have a Copy of these Terms and Conditions already in there Possession and File.All phone calls are inconvenient, so any and all communications need to be by mail.___________________________Not Going Down, Defendant, Pro Se1234 Dirt Poor Rd.Poor Town,USA.What year was your alleged account opened and what year was the default? Link to comment Share on other sites More sharing options...
not going down Posted September 4, 2012 Author Report Share Posted September 4, 2012 Linda7Account opened in: August, 2009Account Charged Off: Feb,2011Amt:$5000.00 Link to comment Share on other sites More sharing options...
Linda7 Posted September 4, 2012 Report Share Posted September 4, 2012 Linda7Account opened in: August, 2009Account Charged Off: Feb,2011Amt:$5000.00I would go back to the cardmember library and do some more looking.There is a GE Moneybank 2009/2010 with JAMSA 2009 Lowe's GE Moneybank with JAMSA 2010 Ge Moneybank Platinum with JAMSA 2010 Ge Moneybank with JAMSA 2011 Ge Monebank/Discover with JAMSOf all of those choices, I would think that you could find an applicable agreement with JAMS.Are you dealing with the original creditor?Also, where did you get your GE agreement with NAF?Let's try and decide on a better option for you before you send the letter. Link to comment Share on other sites More sharing options...
not going down Posted September 4, 2012 Author Report Share Posted September 4, 2012 Linda7,The card is a retail store account owned by GE Money,opened in 2007Account sold to Port Rec a$$'s "JDB" ???? Defaulted as of 2011Served in July 2012 ,Answered, Plaintiff served me Discovery. I served Plaintiff My Discovery Requests.Didn't even know there was as Arbitration Clause until I asked for Credit Card Agreement in Discovery. Got it , Read it , found Arb.Provision.It is dated 2007... Has NAF & AAA on it...At some point between 2007 and 2011 GE Money had to make a revision to there Arb.Clause, to include JAMS in there... Link to comment Share on other sites More sharing options...
Linda7 Posted September 4, 2012 Report Share Posted September 4, 2012 Linda7,The card is a retail store account owned by GE Money,opened in 2007Account sold to Port Rec a$$'s "JDB" ???? Defaulted as of 2011Served in July 2012 ,Answered, Plaintiff served me Discovery. I served Plaintiff My Discovery Requests.Didn't even know there was as Arbitration Clause until I asked for Credit Card Agreement in Discovery. Got it , Read it , found Arb.Provision.It is dated 2007... Has NAF & AAA on it...At some point between 2007 and 2011 GE Money had to make a revision to there Arb.Clause, to include JAMS in there...Do you really think that they are going to give you an arbitration agreement with JAMS if they can find one without? I wouldn't trust that the agreement they sent is the real one. You need to pick an agreement that fits your situation better and that could be applicable to this alleged account.I'm sending you a pm in a minute. Link to comment Share on other sites More sharing options...
not going down Posted September 4, 2012 Author Report Share Posted September 4, 2012 O.K. Thanks Link to comment Share on other sites More sharing options...
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