Demand for JAMS Arb form

[WhiteMamba]

To any of you that have filled this out:

1. What did you put for nature of dispute? If there is current case # did you use that?

2. For arbitration agreement did you simply attach copies of cardholder agreement?

3. Claim and Relief? I asking this because I did not sue them and it feels as though most people electing JAMS trying to get Money not defend themselves from giving money up.

Here is what I have of notice to elect to JDB lawyer please Critique

NOTICE OF ARBITRATION ELECTION

Pursuant to CITI BANK cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes.

As per the agreement, " all claims, disputes or controversies between you and us or between you and the other persons and entities described as ("Claim" or "Claims"), directly or indirectly based upon, relating to, arising under, arising out of or in connection with your Account, this Agreement or the relationship between you and us or between you and the other persons and entities described below, and regardless of the legal theory involved, shall be resolved by binding arbitration."

The agreement further states, “Any questions about whether a Claim is subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act, not by any state arbitration statutes or rules.”

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.

Phone contact is inconvenient so I request all further contact be made through U.S. Mail.

___________________________(White Mambal)

Certified Return Receipt #_________________________

Is this a acceptable time to tell them not to try and contact me by telephone?

I can't post links yet, but if someone wants to look over my 2 options of card member agreements and help me see which one favors me more that would be awesome!

[Linda7]

To any of you that have filled this out:

1. What did you put for nature of dispute? If there is current case # did you use that? Do you know for sure what violations you want to use? FDCPA, TCPA, etc.? Or if you don't know yet - look at the Strategy and Steps of Arbitration thread and you'll see how to use a "generic" answer at this time.

2. For arbitration agreement did you simply attach copies of cardholder agreement? The JAMS demand says to include two copies of the entire agreement and I would highlight the arbitration provision.

3. Claim and Relief? I asking this because I did not sue them and it feels as though most people electing JAMS trying to get Money not defend themselves from giving money up. Read the Strategy and Steps of Arbitration thread.

Here is what I have of notice to elect to JDB lawyer please Critique

NOTICE OF ARBITRATION ELECTION

Pursuant to CITI BANK cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes.

As per the agreement, " all claims, disputes or controversies between you and us or between you and the other persons and entities described as ("Claim" or "Claims"), directly or indirectly based upon, relating to, arising under, arising out of or in connection with your Account, this Agreement or the relationship between you and us or between you and the other persons and entities described below, and regardless of the legal theory involved, shall be resolved by binding arbitration."

The agreement further states, “Any questions about whether a Claim is subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act, not by any state arbitration statutes or rules.” I wouldn't use this. Save it for your MTC.

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.

Phone contact is inconvenient so I request all further contact be made through U.S. Mail. I wouldn't use this either. I would more use this when you are starting off with the DV letters. At this point though you want communication to be "open" so that possible settlement discussions can begin.

___________________________(White Mambal)

Certified Return Receipt #_________________________

Is this a acceptable time to tell them not to try and contact me by telephone?

I can't post links yet, but if someone wants to look over my 2 options of card member agreements and help me see which one favors me more that would be awesome! What options are you looking at? Also, I'd like to see them as there is probably another line regarding arbitration that I would include with your election letter.

See notes in bold text above.

[WhiteMamba]

From the links on this site to cardholder agreements library. For citi there is 2003 and 2010 that I am decided between.

[Linda7]

From the links on this site to cardholder agreements library. For citi there is 2003 and 2010 that I am decided between.

What year was the alleged account opened and what year was the default?

[WhiteMamba]

2002 is the alleged opening year, with 2010 being the year of alleged default.

[Linda7]

2002 is the alleged opening year, with 2010 being the year of alleged default.

I think I'd use the 2010 - most members use that one and have gotten into arbitration.

Are you dealing with the original creditor, Citibank?

If so, you have to elect arbitration via JAMS "and" send their JAMS demands "and" send to JAMS all on the same day or Citibank will initiate in AAA.

They often try to say too that the consumer did not pay their fees when they initiated, so it wasn't properly initiated and that allows them to initiate in AAA. So, you might want to pay your fees when you initiate to stop that or at least ask for a fee waiver, etc. Read the part about paying the fees and you'll see what I mean.

[WhiteMamba]

No this is JDB, Midland Funding. Should I send Jams form in before I file motion to compel or just have it prepared in case judge asks?

[WhiteMamba]

Here is updated election letter if you think it needs anything else added from 2010 agreement don't hesitate to educate me.

NOTICE OF ARBITRATION ELECTION

Pursuant to CITI BANK cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes.

As per the agreement, “Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called“Claims”).

The agreement further states, “At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit”

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.

___________________________(White Mambal)

Certified Return Receipt #_________________________

[Linda7]

No this is JDB, Midland Funding. Should I send Jams form in before I file motion to compel or just have it prepared in case judge asks?

I would give Midland some wiggle room.

I would send their attorney and Midland the election letter.

Then I would file a MTC arbitration with your court and make sure to ask if you need to request a hearing for your motion.

If and when your MTC is granted, you will have a certain number of days to initiate. After the Judge signs the order - "then" I would send Midland a good will letter and let them have the chance to dismiss with prejudice and you will drop your claims. We can talk more about the specific language for the letter when that time comes. But, often - you can get them to dismiss, etc., without you ever having to send the paperwork and fees into JAMS.

[Linda7]

Here is updated election letter if you think it needs anything else added from 2010 agreement don't hesitate to educate me.

NOTICE OF ARBITRATION ELECTION

Pursuant to CITI BANK cardholder agreement, I ELECT arbitration via JAMS to resolve all of our disputes.

As per the agreement, “Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called“Claims”).

The agreement further states, “At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit”

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.

___________________________(White Mambal)

Certified Return Receipt #_________________________

Looks good to me!

[WhiteMamba]

OK sent letter on Tuesday and yesterday Wednesday I see they called and left a msg to call them, which is same message they always leave.

Do you think it wise to call them, or file the motion to compel and then call them?

[Linda7]

OK sent letter on Tuesday and yesterday Wednesday I see they called and left a msg to call them, which is same message they always leave.

Do you think it wise to call them, or file the motion to compel and then call them?

I wouldn't call them at all! Let your letter do your talking.

Just keep us posted as things happen.

[WhiteMamba]

I called them today, hadn't seen your post yet, they said they would like to take care of this before arbitration so I offered about 40% of the alleged amount to settle and they said they would get back to me by end of day which they did but I was gone.

Tomorrow I will call them back and if they didn't agree will be headed to courthouse to file motion and initiate JAMS, I personally think they would be crazy not to take offer but they have gone farther then I thought they would go already.

I will update with results tomorrow.

[Linda7]

I called them today, hadn't seen your post yet, they said they would like to take care of this before arbitration so I offered about 40% of the alleged amount to settle and they said they would get back to me by end of day which they did but I was gone.

Tomorrow I will call them back and if they didn't agree will be headed to courthouse to file motion and initiate JAMS, I personally think they would be crazy not to take offer but they have gone farther then I thought they would go already.

I will update with results tomorrow.

Everybody has to decide their own journey, but to me - I would never pay a JDB anything! If they really did buy the debt, they only paid cents on the dollar. And of course they don't want to arbitrate. You had them over a barrel.

The way to handle this would have been to keep to your course and when your MTC was granted - then you would have sent them a letter offering to drop your claims in JAMS "if" they would dismiss the court action "with" prejudice, no selling of the debt, deletion of the tradelines and no 1099. At that point you would probably have been able to walk away without ever having to actually file with JAMS and get everything you want and Midland would have been happy to get away from this whole scenario.

You wouldn't have had to pay Midland anything and Midland wouldn't have had to pay to arbitrate. Both sides would have been happy!

But, as I said - everybody has to make their own decisions.

[WhiteMamba]

Well this is my first time and I have learned a lot, They came back and are like can you pay 100 dollars more and I said no if it is any higher I will just continue with arbitration, they said let us call our client.

Five minutes later phone rang again and email of settlement offer is supposed to be on it's way.