Served by Synchrony Bank - Kansas

[Harry Seaward]

13 minutes ago, upcycleliving said:

Where does it say it's illegal for the banks to have contracts with Jams or AAA for a break on fees?

It's called collusion and unfair business practices. They can't publicly announce their policy (especially as it relates to banking!) and then have some secret side arrangement with select "customers".

13 minutes ago, upcycleliving said:

Again this is ridiculous. I guarantee you that the judge who handled my case had never seen a motion to compel arbitration in a JDB case. I've gone through thousands of cases in my county filed by Midland, Calvary, LNVN, PRA and I couldn't find a single case where somebody filed a MTC and only found 2 cases out of thousands where the JDB threw in the towel. Almost every case that didn't get settled was either a default judgment, consent judgment, or motion for summary judgment.

I don't see how my supposition of a bank's policy relates to JDBs filing lawsuits in one county of the US.

[BV80]

2 hours ago, upcycleliving said:

Where does it say it's illegal for the banks to have contracts with Jams or AAA for a break on fees?

The arbitration forums would be in violation of their own rules.   Unless a discount was offered to all businesses, it would not be a good business practice.

[BV80]

@upcycleliving

In addition to my previous post, I should add that arbitration forums have no reason to offer a discount.  JAMS and the AAA Re the only arbitrators provided for in these contracts, so the banks really don’t have much of a choice if they want arbitration in their contracts.  

[Seadragon]

True. Why would JAMS give the parties a discount for using their forum if anything the private arbiters are gonna raise all the money they can

[upcycleliving]

3 hours ago, Harry Seaward said:

 

It's called collusion and unfair business practices. They can't publicly announce their policy (especially as it relates to banking!) and then have some secret side arrangement with select "customers".

I don't see how my supposition of a bank's policy relates to JDBs filing lawsuits in one county of the US.

There is no action called “collusion”

 

1 hour ago, BV80 said:

@upcycleliving

In addition to my previous post, I should add that arbitration forums have no reason to offer a discount.  JAMS and the AAA Re the only arbitrators provided for in these contracts, so the banks really don’t have much of a choice if they want arbitration in their contracts.  

Yeah in those contracts. But there are many arbitration companies out there. Why do you think they chose Jams and AAA over the other arbitration companies? It's because they shop around and those companies offer them the best deal.

[Harry Seaward]

45 minutes ago, upcycleliving said:

There is no action called “collusion”

http://www.dictionary.com/browse/collusion?s=t

[BV80]

1 hour ago, upcycleliving said:

Yeah in those contracts. But there are many arbitration companies out there. Why do you think they chose Jams and AAA over the other arbitration companies? It's because they shop around and those companies offer them the best deal.

Which one of those "many arbitration companies" are national organizations that operate throughout the country?   How many of them offer consumer arbitration? 

National banks are not going to use a different arbitration firm in each state. 

So, other than your attorney friend's claim, where's your proof?

[Debtguy393939]

1 hour ago, BV80 said:

Which one of those "many arbitration companies" are national organizations that operate throughout the country?   How many of them offer consumer arbitration? 

National banks are not going to use a different arbitration firm in each state. 

So, other than your attorney friend's claim, where's your proof?

BV80 you nailed it. Yah Billie joe and Mary Lou could arbitrate for cheaper than AAA and JAMS. Doesn’t matter, those are basically the only two any lender/creditor if they have an arb provision will use.  It is patently false that these creditors get deals, it’s actually quite the contrary. 

[Brotherskeeper]

16 hours ago, BV80 said:

In addition to my previous post, I should add that arbitration forums have no reason to offer a discount.  JAMS and the AAA Re the only arbitrators provided for in these contracts, so the banks really don’t have much of a choice if they want arbitration in their contracts.  

I would also add that the scrutiny and legal troubles National Arbitration Forum (NAF) found itself in from 2008-2010, with the City of San Francisco lawsuit, the ex-employee whistleblower suit, the press exposes and most especially, the consent decree with the Minnesota Attorney General, likely had a chilling effect on any similar shenanigans in the industry. 

[equalme]

On 4/25/2018 at 5:10 PM, Harry Seaward said:

As I said before, I've not seen synchrony sue on their own paper yet, so I have no idea what they will do. In a vacuum it makes the most sense for them to walk away from your debt when you demand arbitration. The problem is they have deep pockets and a lot of unsecured debt floating around out there, and if word gets out that they will fold instead of arbitrate, they could lose a fortune in the long term if they don't take it in the shorts to make an example in a handful of cases early on. 

We know Cap1, Citi,  Discover, etc will follow into arb because they sent that message right up front. Plus Cap1, Discover and AMEX never sell their debts. The fact that synchrony has a history of selling vs. suing could indicate a more pragmatic 'less is more' kind of attitude. On the other hand, the fact they are suing you on a relatively small debt could mean they are having second thoughts on their traditional business model. 

I wasn't kidding about you having the honors of being our Synchrony test case. 

Well that will be fun for me. Lol. So it seems like Synchrony decided to sue my themselves on this single account but my other two accounts from Synchrony were sold off to Midland. Weird.

None the less, I was served on 4/25/18. The document says I need to respond back within 14 days if I decide to dispute the petition. If I'm demanding arbitration, is that considered dispute? Otherwise, do I need to respond back if not?

Also, what are the chances of having the court docket rescheduled? It falls on a Monday where I have an exam and quiz.

[Harry Seaward]

 You can move for a continuance. These are pretty routine and granted with very little fuss unless you've done it 10 times already. 

 

[equalme]

So I really think the court system sucks.

I called the court clerk requesting information and was told the plaintiff will need to agree to move for a continuance, if they refuse, then I am out of luck and will need to show up to court on that given date no matter the situation or be given a judgement.

I also asked if arbitration is considered a dispute since it states I need to file all disputes within 14 days. I was told that was legal advice and they cannot help me.

how is that freaking legal advice as it is more of a policy and procedure question?!

I also found out my case is a chapter 61 limited action case which I have no clue what the difference is compared to a basic civil suit.

[Harry Seaward]

The clerks don't know which end is up much of the time. 

Find your local court rules and educate yourself. 

[Brotherskeeper]

2 hours ago, equalme said:

I also found out my case is a chapter 61 limited action case which I have no clue what the difference is compared to a basic civil suit.

Kansas Legal services https://www.kansaslegalservices.org/files/Limited Action Suits- Final.pdf

What is a limited action suit? Per chapter 61, Limited Action cases in Kansas are civil cases where the dollar amount does not exceed $25,000.00, unless it is an unsecured debt, in which case it can be any amount.

[equalme]

Great. In response to the court, I have to reply back is I plan to dispute the petition. What should I put for answers on the following:

1. What the dispute is?

2. Any affirmative defenses you have to claim?

[equalme]

What I am planning on doing;

1. File answer with court regarding dispute and also filing MTC Arbitration with JAMS.

2. Send certified mail to plaintiff attorney to notify them of MTC Arbitration with JAMS.

3. Attend court docket and not say anything as it no longer resides via the court system due to request for arbitration. Is there any reason where a judge can deny arbitration?

[equalme]

So went to court today, waste of time, missed my exam just for a motion for continuance. The judge called my name and this is how it went down:

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Judge: Are you denying this debt?

Me: Yes

Judge: Ok, this case will be granted motion for continuance with the next hearing date on 6-25

Me: I am filing for arbitration (which I mentioned in my response to the summon, sent to both court and plaintiff), is there a reason we are motioning for continuance?

Judge: Well of course, the plaintiff will need time for discovery and if there is even a clause for the arbitration.

Me: I have the agreement right here. (Starts to pull out MTC Arbitration which includes copies of certified mail receipt, copy of the letter I sent to the plaintiff to notify intention for arbitration, and the terms and conditions of my contract with Synchrony which was notarized and provided in my summon)

Judge: (Glares at me pretty much as if I was doing something wrong...so I did not pull out the MTC)

Me: Am I to submit the Demand for Arbitration via JAMs before the next hearing then?

Judge: You are your own attorney, you can do whatever you want.

Me: (Very confused and annoyed at this moment) Is the next hearing date flexible? I had to re-schedule an exam today just to have the case moved for continuance.

Judge: Limited Actions court only see cases on Monday and Wednesdays.

Me: I would like to request to change the next hearing to Wednesday 6-27.

Judge: This attorney only comes to court on Mondays.

Me: (WTF...so the case can be scheduled around the convenience of the attorney but not mine even though the judge literally said "Your are your own attorney." Super frustrated.)

Judge: So we are motioning for continuance of this case for 6-25. Please wait for the attorney across the hall to discuss.

Me: (Walks out, waits 10 minutes for attorney to come out)

Attorney: (Non-chalantly) So you are filing for arbitration?

Me: Yes

Attorney: Ok, bye. (walks away)

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Should I have been more aggressive?

Could I have said "I request motion to deny continuance since plaintiff was notified of arbitration almost two weeks ago and that time should have been utilized for discovery?" or "There is nothing to discover as the arbitration is written in the agreement provided by the plaintiff, further discovery can be done in arbitration."

Should I have just whipped out the Motion to Compel Arbitration and also the form to hold the case pending arbitration?

None the less, I felt lost. The judge did not give a rats a$$ and was there to just sign judgements all day.

[fisthardcheese]

Did you FILE the MTC with the court?  If not, I would file that immediately and mail a copy to the attorney.

In my experience, Synchrony does not act like other OCs such as Discover or AMEX in arbitration.  They are more like a JDB and do not like to go deep into arbitration, especially for an account under $5k.  I contractually can not say exactly what I know, but if I were you, I would be looking for that $0 mutual release settlement shortly after the court grants my MTC.