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Need some help please, AZ old DFS/Asset Acceptance Idiotss...


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I found my old contract, actually not mine but one dated the same time I originally took my loan out. It was in 2009 and back then it was a loan, not a credit card and it says that if there are any... well, here you can read all of this,

 

Assignment of Account. We may sell or transfer your Account or any amounts owed on your Account to another person at any time without prior notice to you. If we assign your Account, this Agreement will still be in effect and any successor will have our rights in this Agreement to the extent assigned. You shall not have any right to transfer your Account or assign this Agreement to anyone.
 
Telephone Monitoring. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone, to being monitored or recorded.
 
Mobile Phone Communications. If you have already or in the future provide us with a mobile phone number as your contact number, you expressly authorize us, and our agents or independent contractors, to contact you regarding your account for non telemarketing communications, via text message or mobile telephone, including by way of pre-recorded or auto-dialed calls, using that mobile phone number. Normal mobile phone charges or text message rates may apply. Your consent to use your mobile phone number can only be revoked by calling 1-800-283-2210 or by sending a written notice to us at the following address:
 
 
Dell Financial Services
PO Box 81575
Austin, Texas 78708-1575
 
Any revocation by you regarding your mobile phone number shall not revoke our right to contact you utilizing any other contact information you previously provided to us or may provide later.
 
Change of Address. If you move or change your billing address or e-mail address, you agree to promptly notify us of your new address in writing or online at www.dellfinancialservices.com
 
Authorized Users. You may give another person authorization to use your Account. You are liable for all use of your Account, and you agree to pay all amounts incurred by the use of your Account, made by you or anyone to whom you have given authorization to use your Account.
 
Liability for Unauthorized Use. If you notice the loss or theft of your Dell Preferred Account or a possible unauthorized use of your Dell Preferred Account, you should write to us immediately at:
 
Dell Financial Services, Attn: Security Department, PO Box 81565, Austin, TX 78708
 
You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50.
 
Unauthorized use does not include use by a person to whom you have given authority to use the Account.
 
Credit Investigation and Reporting. You agree that we may investigate your credit in connection with the initial extension, review, or collection of your Account. You agree that we may examine employment and income records and verify your credit references and also may report to credit reporting agencies, merchants, and other creditors the status and payment history of your Account.
 
Delay in Taking Action. We will not lose any of our rights under this Agreement if we delay taking action for any reason. To the extent allowed by law, we may take other action not described in this Agreement, and by doing so will not lose our rights under this Agreement.
 
Severability. If any provision of this Agreement is found to be unenforceable, all other provisions shall remain in full force and effect.
 
Applicable Law. The laws of the United States of America, including the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the “FAA”), and the laws of the State of Utah apply to and govern this Agreement and your use of your Account.
 
NOTICE
 
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
 
ARBITRATION NOTICE
 
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR ACCOUNT MAY BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.
 
Arbitration. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract, tort, intentional or otherwise, constitution, statute, common law, or equity and whether pre-existing, present or future including initial claims, counter-claims, cross-claims and third-party claims), arising from or relating to you applying for, obtaining, or using this Account, this Agreement (including the validity or enforceability of this arbitration clause, any part thereof or the entire Agreement), or the relationships which result from this Agreement (“Claim”) shall be decided, upon the election of you or us, by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator (including any applicable procedures for consumer-related disputes) in effect at the time the Claim is filed. The party initially requesting arbitration shall select either the American Arbitration Association (“AAA”) or JAMS as the arbitration administrator. You may change the selection to the other organization listed within 30 days after you receive notice of an election to arbitrate. If a selected arbitration administrator does not agree to arbitrate a Claim, the remaining arbitration administrator shall be selected. Claims may be referred to an administrator other than the AAA or JAMS if both AAA and JAMS are not available. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. It is the intent of the parties to require Claims to be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person.
 
For the purposes of this arbitration provision, the terms “we” and “us” shall mean WebBank and Dell Financial Services, L.L.C., their parents, direct and indirect subsidiaries, affiliates, licensees, predecessors, successors, assigns and any purchaser of the Account or any receivables arising from the use of the Account, and each of their respective employees, directors and representatives. In addition, for the purposes of this arbitration provision, “we” and “us” shall mean any third party providing any products or services to you or us in connection with the Account (including but not limited to any credit bureau, debt collector or merchant, and including their parents, direct and indirect subsidiaries, affiliates, licensees, predecessors, successors and assigns, and each of their respective employees, directors and representatives) if such third party is a co-defendant with us in any Claims asserted by you or if any Claims asserted by you against such third party arise from or are related to the Account or any products or services provided to you or us in connection with the Account. For the purposes of this arbitration provision, the term “you” shall mean you and any person authorized by you to use the Account.
 
Any arbitration pursuant to this provision may be resolved without an in person hearing, as determined by the arbitrator. If a hearing is held, it shall take place within the county or parish in which you live or at such other reasonably convenient location as agreed by the parties.
 
In any arbitration, we will pay the entire amount of the arbitration fees, including any required deposit. Each party shall be initially responsible for payment of their own attorney fees, witness fees and similar expenses.
 
The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation and shall honor all claims of privilege and confidentiality recognized at law. The arbitrator shall have the sole and exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the Agreement or the arbitration provision is void, voidable, or otherwise invalid. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. At the conclusion of the arbitration, the arbitrator may allocate arbitration fees in accordance with applicable law, provided that such fees do not exceed the filing fees that would have been incurred if the Claim had been brought in a state or federal court with jurisdiction over the Claim. Where authorized by applicable law, the arbitrator’s award may also include attorney fees, witness fees and similar expenses. At the request of any party, the arbitrator will provide a written explanation of the basis for the award and the disposition of each Claim, including written findings of fact and conclusions of law. Judgment upon the award may be entered in any court having jurisdiction.
 
This arbitration provision shall survive termination of your Account as well as the repayment of all amounts you owe under the Agreement. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). In the event of a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, this arbitration provision shall govern.
 
YOU ACKNOWLEDGE THAT IF A CLAIM ARISES YOU MAY BE REQUIRED TO RESOLVE THE CLAIM THROUGH ARBITRATION AND ARE GIVING UP YOUR RIGHTS TO LITIGATE THAT CLAIM IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
 
You may contact the arbitration administrators and obtain their arbitration rules or learn how to file a Claim with the AAA or JAMS as follows:
 
  JAMS   1920 Main Street, Suite 300   Irvine, CA 92614   (949) 224-1810   www.jamsadr.com
 
  American Arbitration Association   1633 Broadway, 10th Floor   New York, NY 10019   (800) 778-7879   www.adr.org
 
STATE SPECIFIC DISCLOSURES
 
As required by federal and Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
 
Notice for all accounts, including New York/Rhode Island/Vermont Residents: You agree to give us permission to obtain a credit report from a consumer reporting agency in connection with this application, any transaction, or extension of credit, and on an ongoing basis, for the purpose of performing a routine and occasional verification of credit on your Account, adjusting the credit limit on your Account, taking collection action on your Account, or for any other legitimate purpose associated with your Account. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. New York residents may contact the New York State Department of Financial Services at 1-877-226-5697 or at 1 State Street, New York, NY 10004 to obtain a comparative listing of credit card rates, fees and grace periods.
 
Notice for California Residents: California law requires that we inform customers that should they fail to fulfill the terms of their credit obligation, a negative report reflecting on their credit record may be submitted to a credit reporting agency. If you are married, you may apply for a separate account in your own name.
 
Notice for Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
 
Notice for Married Wisconsin Residents: If you are married, by submitting your Account application you are confirming that this Account obligation is being incurred in the interest of your marriage and your family. No provision of a marital property agreement, a unilateral statement under Sec. 766.59 Wis. Stats., or a court decree under Sec. 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the Account for which you are applying is granted, you will notify us if you have a spouse who needs to receive notification that credit has been extended to you.
 

 

Basically, it says that I can choose to Arbitrate instead of go to court. I don't believe I owe them anything as I returned the product and I disputed the debt but... based on this alone, it seems like a good thing to add to the response to the summons maybe as it makes the entire law suit and or the Venue NOT APPLICABLE and should be subject to dismissal. The next question is, is Arbitration worse and would I then be agreeing that I owe anything????

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@janedoenotme

 


Basically, it says that I can choose to Arbitrate instead of go to court. I don't believe I owe them anything as I returned the product

 

If you don't mind, could you please provide some more details regarding the above?  For instance, when you returned the product, how did Dell say they would issue a refund?

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I appears to be a good idea to choose the JAMS arbitration based on your attached contract. 

 

Since Asset Acceptance is the Junk Debt Buyer and could care less about your return, or even Dell Financial Services for that matter, I would not admit anything. This is an opportunity for AA to make a huge margin on a small account for very little cost. Just fight them and cost them as much time and money as you can. JAMS is a good place to get AA to roll over and dismiss. I doubt they will spend the 4 - 5000.00 advance to JAMS Arbitration to continue the fight. Look up Linda7 on the CIC forum. She is the Private Arbitration Champion!!

 

HP

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I totally agree on this . Elect Jams . They have to pay the fees. The stress that this will cause you will go away. They probably will dismiss the suit

. Linda 7  says to be careful when electing arb, but your case is perfect to do so!!! But of course still get your answer filed in 20 days or you lose. You can elect arbitration any time before trial. Just stay strong and remember . you are not paying a dime to anyone you don't owe.

Go JAMS!!!!  and JANE!!!!!!!!

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  • 3 weeks later...

Hi, an update and some help if anyone is out there... I now have a court date for Pre Trial and I am filing a Motion for Continuance because I have a new job that states that if I miss any time in training I will be terminated... I called the court and asked them if a separate letter to the Justice of the Peace would help. She said I have plenty of time and to do that... So, tomorrow I wanted to go in with my motion, in the mean time I filled my MTC pending Private Arbitration. I am not trying to initiate with JAMS but I don't want to do it wrong and I read somewhere that JAMS might not take it and that the way to do it was by filing FDCPA violations. I just don't know which ones I have yet... I have in my contract the right to elect arbitration. I don't have the money to pay the fee's but wanted to start the election so that I can take that paperwork into the court at the same time tomorrow as my Motion for continuance... Nothing has happened on the MTC pending Arbitration yet, I know that once I start training for my new job on the 15th that I will be even busier and would like to do all my court filing etc... as much as possible ahead of time... Any idea's suggestions on initiating with JAMS properly etc.... HELP ::drowning::::ImInLove::

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I totally agree on this . Elect Jams . They have to pay the fees. The stress that this will cause you will go away. They probably will dismiss the suit

. Linda 7  says to be careful when electing arb, but your case is perfect to do so!!! But of course still get your answer filed in 20 days or you lose. You can elect arbitration any time before trial. Just stay strong and remember . you are not paying a dime to anyone you don't owe.

Go JAMS!!!!  and JANE!!!!!!!!

 

 

           This is erroneous.   The time limit for arbitration varies widely depending on where you are.   In some places, answering the summons waives your right to arbitration, in others you can opt for arbitration 2 hours before the actual trial, it just depends.

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I can still arbitrate, I already know that much in AZ. I looked into all of that prior to my answer....

 

           This is erroneous.   The time limit for arbitration varies widely depending on where you are.   In some places, answering the summons waives your right to arbitration, in others you can opt for arbitration 2 hours before the actual trial, it just depends.

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Don't bother with FDCPA counter claims on this.  It's a waste of time in this case IMO.

 

Call the telephone number for JAMS printed in your agreement.  They will tell you if they will accept it and everything else you need to know.

 

As far as fees are concerned, the agreement says "they" (the JDB) will pay all of them, so you have no worries there.

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