tvaughn

In arbitration

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I agree with @BackFromTheDebt .  If this were me, I would send them the same settlement they previously rejected. I would maintain a respectful tone and simply state that "in the interest of time and further expense, I am willing to settle this matter for $X.  Please advise me if your client accepts this offer."

I never buy into that nonsense about "first offer" disadvantage stuff. Especially once you are in arbitration.  I will simply continue to reiterate my same offer over and over until something happens.  If they reject it again, I will ask again after the first phone conference with all 3 arbitrators.  If they reject that, I would ask again a couple weeks before the hearing. 

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@BackFromTheDebt @fisthardcheese

Thank you.  Once I get some sort of ruling on my objection to the arbitrator, I will reach out to the attorney to repeat my previously rejected settlement offer.  I would also like to attempt to work on the credit line at the same time.  From what I’m reading, this creditor will not delete the credit line.  Do I ask them to mark it pays as agreed?   

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2 hours ago, tvaughn said:

@BackFromTheDebt @fisthardcheese

Thank you.  Once I get some sort of ruling on my objection to the arbitrator, I will reach out to the attorney to repeat my previously rejected settlement offer.  I would also like to attempt to work on the credit line at the same time.  From what I’m reading, this creditor will not delete the credit line.  Do I ask them to mark it pays as agreed?   

I wouldn't ask anything regrading the tl.  The settlement agreement will say that the amount is settlement in full, meaning nothing more is owed.  I would then give them 30 days to update my tl to $0.  If they don't, I dispute and it's possible I sue them if they don't remove or correct the balance to $0.

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1 hour ago, fisthardcheese said:

I wouldn't ask anything regrading the tl.  The settlement agreement will say that the amount is settlement in full, meaning nothing more is owed.  I would then give them 30 days to update my tl to $0.  If they don't, I dispute and it's possible I sue them if they don't remove or correct the balance to $0.

Ok - I will just make my same settlement offer then if you think that’s adequate. 

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So I sent my settlement offer to the creditor’s attorney a couple of days ago, but I haven’t heard back at all.  Is that unusual?

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6 hours ago, tvaughn said:

So I sent my settlement offer to the creditor’s attorney a couple of days ago, but I haven’t heard back at all.  Is that unusual?

I am in arbitration and the opposing attorney has been very slow to respond to my settlement emails. So it doesn't seem like it is unusual. But that is just my personal experience in one case. 

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They generally don't bother responding until a hard deadline approaches (payment due, phone hearing, discovery due, etc).   They are likely working on all of their other cases in the meantime and until a key point in your case comes up on their calendar they may not even be looking at your case.  Arbitration moves slow. You just have to roll with it.

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So just a quick update.  The creditor's attorney obviously received a large bill from the arb org (filing fee and deposits for the services of the arbitrators), because he just sent a letter to the arb org (with me copied on it) trying to make the case that I should be responsible for paying the bill.  I'm assuming that I will get a chance to respond, but the applicable cardmember agreement is clear on who is responsible for paying arb fees.  The letter is as follows (with all personal and other case-specific info removed)

"Dear Madam/Sir:

We are in receipt of an invoice in the amount of $XX,XXX.00 to cover the filing fee and deposits for the services of the arbitrators assigned to the Claimant’s appeal in the above matter, a copy of which is attached hereto. Although this invoice was apparently directed solely to XXX as counsel for Respondent, it is our position that the Claimant should be responsible for payment of these fees in this instance.

Although Respondent agrees to pay for fees in connection with its agreements with Cardmembers, Respondent’s position is that performance of this obligation is excused to the extent the Cardmember acts in bad faith or otherwise attempts to abuse or manipulate Respondent’s claims resolution process. Here, Claimant’s purported appeal does not comply with XXX’ appeal process – nor can it because Claimant has advanced no basis which would justify an appeal of the underlying arbitration award other than a naked desire to further delay payment of his debt to Respondent. Consequently, while Claimant has the right to appeal the unfavorable award, Respondent’s position is that the costs of such appeal taken in bad faith should be borne by Claimant.

At a minimum, Respondent submits that Claimant is responsible for payment of half of these fees, pursuant to Rule XXX of XXX Comprehensive Arbitration Rules & Procedures which states, in relevant part, “(a) Each Party shall pay its pro rata share of XXX fees and expenses as set forth in the XXXX fee schedule in effect at the time of the commencement of the Arbitration, unless the Parties agree on a different allocation of fees and expenses.” As one of two parties to this matter, Claimant’s pro rata share is one half of the appeal fees.

Moreover, simply as a matter of fundamental fairness, it is not appropriate to assess the full cost of an appeal of an adverse decision to the party who prevailed in the underlying arbitration. The prevailing party should not have to fund the losing party’s effort to overturn the award validly entered. Such a rule would force parties to abandon their award, rather than pay more in fees than the award itself. Parties choose XXX to arbitrate their claims precisely because the awards are final and binding.

Please contact us at your earliest convenience with XXX decision in this regard."

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3 minutes ago, Goody_Ouchless said:

Were you assessed any costs/fees in the original award?

Nope, nor should I have been according to the applicable cardmember agreement.  They're reaching and I've already sent my reply indicating that the cardmember agreement is crystal clear on this matter.

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I see your agreement does not appear to contain language that opens the door for fees to be assessed. I can't find the appeal section. Does it basically say that you have an automatic right to appeal on their dime?

 

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2 minutes ago, Goody_Ouchless said:

I see your agreement does not appear to contain language that opens the door for fees to be assessed. I can't find the appeal section. Does it basically say that you have an automatic right to appeal on their dime?

 

Yes. 

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I wonder if they changed that - I do recall talk of them offering an automatic 3-panel appeal, or something. If memory serves, that is when your particular OC has been known to fade into the night.

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1 hour ago, Goody_Ouchless said:

I wonder if they changed that - I do recall talk of them offering an automatic 3-panel appeal, or something. If memory serves, that is when your particular OC has been known to fade into the night.

Not exactly sure what you mean, but my agreement offers the 3-panel appeal.  The creditor’s attorney attempted to deny me my right to an appeal, but the arb org ruled that I do have the right to an appeal in front of a 3-member panel - that is why we are now at this stage in the process where they are attempting to make me foot the bill despite the fact that they know their client must pay it.  

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I looked at an agreement from your plaintiff, but didn't see the appeal provision. I do recall the 3-Panel option, so either they removed it in current version, or I missed it.

Thanks for keeping us updated!

 

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I do hope that in your response you stated that if the bank has such a problem following the clearly written consumer rules of JAMS arbitration , then they should not have included JAMS and the JAMS appeal process as part of thir unilaterally written contract of adhesion.  Just so everyone knows where we are coming from and all. :)

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Was there any response at all to your settlement offer from the beginning of the month?

Their choice now is to either pay the appeal retainer, or engage with you on terms of a settlement.

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3 hours ago, Xerxes said:

Was there any response at all to your settlement offer from the beginning of the month?

Their choice now is to either pay the appeal retainer, or engage with you on terms of a settlement.

No response whatsoever.  

3 hours ago, fisthardcheese said:

I'm sure now that it was just denied, they will be reconsidering that settlement offer.

They aren’t the only ones who will be reconsidering that settlement offer.  

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On 5/23/2018 at 1:40 PM, tvaughn said:

No response whatsoever.  

They aren’t the only ones who will be reconsidering that settlement offer.  

Any update? 

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21 minutes ago, tvaughn said:

Nope - nothing.

Not that unusual.

It is quite common for them to simply ignore settlement offers.  I have no idea why.  

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