sheli1974usa

I asked for validation and right to arbitrate. They validated with Affidavit of Creditor

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Hi everyone,

 

I have read through the steps to arbitration and I finally feel like I am getting a grasp of things.I have been doing lots and lots of research and everything I read tells me that this DC Law firm is horrible to work with.

 

I received a dunning letter and I responded with a letter CMRRR that I disputed the debt, and would like to use arbitration via JAMS per my cardholder agreement. 

 

I received 2 statements (random months) and an affidavit of the creditor that after looking online sounds like a generic one that they send everyone. 

 

The letter said that I will be please that they enclosed 1) Affidavit of the Creditor (the creditor has requested suit on this account and the affidavit has been provided for suit purposes. We are providing you a copy of this affidavit for verification purposes. At this time a suit has not been initiated. 

2) Billing statement

 

This validated the debt and we have been instructed to proceed to collect unless satisfactory repayment arrangements have been made. 

 

I have 2 questions. Should I respond that I still dispute and my election for JAMS still stands and should I file with JAMS now? I also read about robo signers. does this sound like the case and how would I find out?

 

Thank you everyone!

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No need to file with jams yet.I bet its a junk debt buyer posing as OC.See if discover bank responds.

You did just fine dont let them scare you,first thing is to call their bluff with a bluff of your own. I hope your ready to have fun, send this letter to the plaintiffs attorney and to discover bank.

 

Your Name

Your Address

Their Name

Their Address

Account number

 

Date

 

To Discover Bank/"Attorneys name here"I wish to begin arbitration against you.

I can not afford the arbitration fee's, I am asking for the fee's to be advanced by Discover Bank,In the Amount of $ 7,275 dollars for the fee's and costs of the arbitration hearings for the breach of contract dispute we have.I estimate arbitration will last no longer than four to five days.

The agreement states:"Fees and costs If you wish to begin an arbitration against us but you cannot afford to pay the organization's or arbitrator's costs,we will pay those costs if you ask us in writing.Any request like this should be sent to Discover,PO Box 30421,Salt lake City, UT 84130-0421"Please send check to the address  above or directly to jams on my behalf.

 

In filling out the JAMS forms,

I will need some information. Please forward an address, email address and fax number and contact person's name who will be handling the JAMS claim for your office and for Discover Bank to my address listed above.

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

Best regards,

sheli1974

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"everything I read tells me that this DC Law firm is horrible to work with"

Answer:Dont work with them,work against them.

Im sure you will get a letter from discover bank saying they sold the account to another lender.

BTW four to five days of arbitration will be three times the amount requested.

Have to wait and see how the attorney and discover bank respond to your letter for next move.

http://whychat.5u.com/hipltr.html this site is for medical debts

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Racecar, thank you so much for writing back.

 

Would this make a difference if the OC was Capital One? I forgot to list it in my post.

I sent you a PM on who the Attorney is because I was told that they frequent this board :)

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Racecar, thank you so much for writing back.

 

Would this make a difference if the OC was Capital One? I forgot to list it in my post.

I sent you a PM on who the Attorney is because I was told that they frequent this board :)

Look at your credit report and see if Capital One is reporting it as sold or transferred to another lender or are they still showing as holding the account?

 

Let us know that first.

 

Here's the "funny" thing . . . if you are dealing for sure with Capital One, they cannot initiate in AAA even though the contract might list it.  AAA won't accept claims from them anymore.  This puts the JAMS monkey on their back!  You can sit back and not fear that they will initiate with AAA. 

 

I would send the attorney a letter stating this:

 

Your Name

Your Address

 

Their Name

Their Address

 

Date

 

In Re: (account number they show)

 

 

Dear ________________________,

 

This letter is in response to your letter dated __________________.

 

This matter remains in dispute and my election of arbitration via JAMS stands.

 

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

 

Regards,

Your Name typed

 

*Also depending on what agreement covers this account, I would be inclined to include some of that language - the part where it says that if either party "elects" arbitration, etc.  Let us know more details and we can word it more appropriately. 

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