Cat123 11 Posted August 27, 2013 Report Share Posted August 27, 2013 If one owes the debt, tried to settle but OC attorney renegged, and now going to Arbitration, what should I be expecting to happen tomorrow? I can't rely on the violations as the OC atty./debt collector is a separate entity and it appears that has no relevance in Arbitration. I would just like to be somewhat prepared for what will probably happen. Anything will help. Anyone? Link to post Share on other sites
Flyerfan 442 Posted August 27, 2013 Report Share Posted August 27, 2013 @Linda7 around? Link to post Share on other sites
BV80 2,816 Posted August 27, 2013 Report Share Posted August 27, 2013 @Cat123 What type of arbitration is this? Is it arbitration that the plaintiff requested in accordance with the cardmember agreement (assuming this is a credit card). Or is this mandatory arbitration that's required by the court in order to try to settle the matter without a court hearing? Link to post Share on other sites
Cat123 11 Posted August 27, 2013 Author Report Share Posted August 27, 2013 I requested per cardmember agreement. Link to post Share on other sites
BV80 2,816 Posted August 27, 2013 Report Share Posted August 27, 2013 I requested per cardmember agreement. Arbitration per the agreement is different from court mandated arbitration. I was hoping this court-mandated. We need to locate Linda7. Link to post Share on other sites
racecar 556 Posted August 27, 2013 Report Share Posted August 27, 2013 "If the OC atty./debt collector is a separate entity" its agents, authorized representatives, successors, and assignees.If they are filling the shoes of the original creditor and are suing you and trying to collect the same debt you list every violation that has been committed against you before or during the litigation. This would include TPA, Florida consumer collection practices act, FDCPA, Any breach of contract. List all that would apply make it to expensive for them to pursue you. You will need discovery, run up the bill that's the whole idea behind arbitration. Study your credit agreement "If the OC atty./debt collector is a separate entity"Its not separate its acting as an agent, representative, assignee, attorney, collector or what ever list every violation you have on them don't let them trick you and don't be afraid. Link to post Share on other sites
Linda7 215 Posted August 31, 2013 Report Share Posted August 31, 2013 Looks like I'm late! I would like to know more about this case. Instead of filing an answer, did you file a motion to compel private/contractual arbitration? (You need to do this in Florida). Did the judge grant your arbitration with a certain time limit for you to initiate? Did you follow through with the initiation - hopefully in JAMS if your agreement allowed JAMS in the provision. Link to post Share on other sites
