azneb Posted February 11, 2014 Report Share Posted February 11, 2014 When I request arbitration do I send the notice to both the OC and JDB? Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted February 11, 2014 Report Share Posted February 11, 2014 No, Just the JDB, the OC no longer has anything to do with the account. Are you being sued? or just "collection attempts?" Quote Link to comment Share on other sites More sharing options...
azneb Posted February 11, 2014 Author Report Share Posted February 11, 2014 collection attempts Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted February 11, 2014 Report Share Posted February 11, 2014 Did you already send them a Debt Validation letter? If not I would start there. Quote Link to comment Share on other sites More sharing options...
azneb Posted February 11, 2014 Author Report Share Posted February 11, 2014 I did. Before I had a clue as what I was doing I just wrote on the letter they sent me. I wrote "I dispute this, plz send original signed contract." ONce I found this board I sent a legit validation letter and also disputed it on Experian. Only thing I got from them was a letter saying "they understand I am disputing accuracy of their records. They are unable to determine the nature of the dispute" Experian sent me a letter saying it was verified. I sent them a letter from here questioning Experian and for proof it was validated otherwise remove from m credit. Your thoughts? Quote Link to comment Share on other sites More sharing options...
Linda7 Posted February 13, 2014 Report Share Posted February 13, 2014 If you want arbitration, send Asset an election letter. I hope your agreement has JAMS. If it does, make sure to mention that you elect arbitration via JAMS. I'd like to know more about who the OC was and what year the alleged account was opened and what year was the default to determine what agreement might work best. Also the ballpark figure they are trying to collect. Here is a sample election letter - (Make sure to send CRRR) Your nameYour address Their nameTheir address Date Re: Account #___________ Dear __________________, This letter is in response to your letter dated XXXX and received on XXXX, regarding the collection on the account number listed above. I dispute this alleged account and elect private contractual arbitration via JAMS to resolve the dispute. Regards, Your name typed *Depending on who the OC was - the above sample might change a tad. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 13, 2014 Report Share Posted February 13, 2014 I did. Before I had a clue as what I was doing I just wrote on the letter they sent me. I wrote "I dispute this, plz send original signed contract." ONce I found this board I sent a legit validation letter and also disputed it on Experian. Only thing I got from them was a letter saying "they understand I am disputing accuracy of their records. They are unable to determine the nature of the dispute" Experian sent me a letter saying it was verified. I sent them a letter from here questioning Experian and for proof it was validated otherwise remove from m credit. Your thoughts? The requirement for validation when you challenge a debt is so low you can trip over it. NOTHING in the FCDPA requires that they send you the original signed contract. Especially in the online application era when none exists. There is NO signed contract in a CC debt. You apply they approve and send a card with TOS. Validation when a consumer requests it means they have to provide the name of the original creditor, amount owed, and date of the debt. That is IT. The standard of proof to validate a debt for reporting is not much higher. Experian does not have to prove it was validated you are confusing this with asking for the METHOD of validation. i.e. HOW did they validate it. The collectors do NOT have to meet the same burden of proof that would sustain a lawsuit in the courts for either reporting or validating with the consumer. The common mistake that consumers make when requesting validation is that they demand information or documents that the debt collector simply does not have to supply under the law. If they are not suing you and you elect arbitration they are not obligated to enter into it simply because they are trying to collect. Most likely they will ignore this request as well. Quote Link to comment Share on other sites More sharing options...
Linda7 Posted February 14, 2014 Report Share Posted February 14, 2014 If they are not suing you and you elect arbitration they are not obligated to enter into it simply because they are trying to collect. Most likely they will ignore this request as well. If the agreement states that either party may elect arbitration to resolve a dispute and the creditor once notified of the election of arbitration sues you in court, you have them on a nice violation - breach of contract, fdcpa and possible state violations which in some states actually treble the damages. That is why if your agreement says you are entitled to arbitration, it is good to elect it "early" before they sue so that you can use the strategy to rack up some violations against them. Quote Link to comment Share on other sites More sharing options...
azneb Posted February 15, 2014 Author Report Share Posted February 15, 2014 I don't have the info in front of me but arbritation isn't JAMS.Amount owed is 10kOc is b of a. Quote Link to comment Share on other sites More sharing options...
Linda7 Posted February 17, 2014 Report Share Posted February 17, 2014 What year was the alleged account opened and what year was the default? Quote Link to comment Share on other sites More sharing options...
azneb Posted February 17, 2014 Author Report Share Posted February 17, 2014 2012 Quote Link to comment Share on other sites More sharing options...
Linda7 Posted February 19, 2014 Report Share Posted February 19, 2014 It was opened and defaulted the same year? What arbitration choice are you seeing? Quote Link to comment Share on other sites More sharing options...
azneb Posted February 25, 2014 Author Report Share Posted February 25, 2014 No idea why I put 2012. I am thinking it was opened in 2009 and defaulted in 2012. NAF is who B of A uses for arbitration. Quote Link to comment Share on other sites More sharing options...
Wins the Battle Posted February 25, 2014 Report Share Posted February 25, 2014 I have a BoA contract from 2002 that specifies JAMS. (Lucky me.) But, since NAF has been barred from arbitrating consumer credit cases, you can still try to elect JAMS. The 2009 should say "NAF or a forum we agree to…" or something like that. Quote Link to comment Share on other sites More sharing options...
azneb Posted February 25, 2014 Author Report Share Posted February 25, 2014 Do I wait for Asset to sue me before I ask for arbitration or do I request it now? Quote Link to comment Share on other sites More sharing options...
Wins the Battle Posted February 25, 2014 Report Share Posted February 25, 2014 If you state now that you demand arbitration, then, if they DO sue you, you have an automatic FDCPA violation. It's your call. Quote Link to comment Share on other sites More sharing options...
azneb Posted February 25, 2014 Author Report Share Posted February 25, 2014 Seem like a no brainer then. They violate and it just helps me out. Am I missing something? Quote Link to comment Share on other sites More sharing options...
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