Sign in to follow this  
Cat123

Arbitration via telephone?

Recommended Posts

So.....  Now we are waiting for the upcoming arbitration meeting.  We were going to be in that area, so we played nice, nice... and agreed to meet 2 hours away from us.  Also 2 hours away for the Judge.  Then, the atty. said their office is "not available" and we need to decide on another.  We chose to go to the JAMS office, which is 5 hrs. away for atty. 

 

We have now been notified that a telephone arb could take place if all agree.  I don't think that's a good idea.  Suggestions?  Strategy?

 

Thank you!

 

Share this post


Link to post
Share on other sites

no I wouldn't agree.   It makes it convenient for them to call who ever they want as a witness, you have no way of knowing who they are, their demeanor, mannerisms.  Besides if they have to travel, they may drop this instead.  In court we file an objection, I don't know if you would have to since they asked you to all agree.

Share this post


Link to post
Share on other sites

answer: NO

Most attorneys have no experience in arbitration they have to study the Jams rules just like we do.

You want to make it expensive as you can for the plaintiff so they drop your case and pay you to go away.

Share this post


Link to post
Share on other sites

I would definitely not agree.  And probably your agreement states that you have the right to have the hearing in your home town/the closest federal district, etc. 

 

This is "not" about being nice!  It is about making them follow the rules which puts the "heat" back on them.  Use the strategy to your best benefit!

 

Make the costs mount for them - including travel expenses, etc. 

Share this post


Link to post
Share on other sites

You all are wonderful.

 

Thank you again, and again.... and I'll let you know how it all comes out.  Sure got one heck of an education.  This time last year, I would have thought a MTC was a just a friendly hand wave.

Share this post


Link to post
Share on other sites

After you win a MTC will be just a friendly hand wave once again.

Share this post


Link to post
Share on other sites

Now I have no clue as to what to do...  I just rec'd an Arbitration brief from the atty for the OC.  First, there is a different court named.  (different county)

 

1.  But in the brief, they state that all our statements in regard to violations have nothing to do with the creditor as they are not subject to the fair debt, etc. rules.  They state "XXXXX" is a creditor whose main business is banking and finance.  "Since they are the creditor, FDCPA rules do not apply when they are collecting their own debt." 

 

2.  They state that our claims un FCRA aren't any good as they did not receive a notice of dispute from a credit reporting agency. 

 

3.  They state there is no "Florida Consumer Protection" law.

 

They also re-state breach of contract, unjust enrichment and account stated.

 

What this whole thing comes down to is that we had to try to work things out with all our creditors, which we did, except for them... so far.  We all agreed to a settlement, but they wouldn't put it in writing in the correct form.  They basically wanted us to send them a check with no agreement that it was the final amount.  We tried and tried, and one office would tell us one thing and another office would tell us another.

 

I truly do not know what to do.... at all. 

 

We just rec'd the "respondent's brief" and arbitration is tomorrow.  They also included an affidavit from the Lead Litigation Specialist for the servicing company who stated the billing/statements are correct.

 

Ugh.  Hope someone can give me some words of wisdom to get through this.  Not looking good, is it?

 

Thank you.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this