Norfolk&Wayman

TEXAS, SUED, PRA/Synchrony/Walmart - Please Help!

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@fisthardcheese @BV80

 

Looks like PRA paid the filing fee to JAMS. Received commencement of arbitration.

I'm submitting my strike through today. 

I asked for mutual dismissal before the filing fees were paid, but PRA said they weren't interested at that time.

Should I ask again since now they have seen the arbitrator rates from JAMS?  Wonder if they will pay the first bill from the arbitrator?

Also - slightly worried about getting stuck with any of these fees if they follow all the way through and are awarded settlement. Thoughts?

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26 minutes ago, Norfolk&Wayman said:

Should I ask again since now they have seen the arbitrator rates from JAMS? 

How much are the fees? 

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18 hours ago, Norfolk&Wayman said:

Looks like PRA paid the filing fee to JAMS. Received commencement of arbitration.

They paid filing fee of 1500 (or 1250 if you paid 250) for a claim that is between 500 and 1000?

Is PRA using in-house counsel or a local attorney?

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37 minutes ago, Norfolk&Wayman said:

Also - slightly worried about getting stuck with any of these fees

Did you allege counterclaims? 

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PRA is using in house lawyer.

 

They paid the full $1500 filing fee for a debt between $600-800....

I filled with Jams and didn't allege any counterclaims.... yet... 

 

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The problem with counterclaims is that if PRA makes a successful argument that your claims are frivolous (probably not very likely), it opens you up to the fees. Beyond that, JAMS has allocated fees back to the consumer in at least one case. It was being appealed, but that member went radio silent so we really don't yet  know how the upper echelons of JAMS arbitrators interpret the combination of the consumer arbitration rules with the consumer minimum standards. 

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I don't know that it really matters all that much. Fist says the fees in JAMS are higher for the business, so if the point is to make it as uncomfortable as possible, I think JAMS is your best bet. 

If you were to withdraw your JAMS case and open it in AAA, you know PRA would go back to court and raise heII about it.

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JAMS is a better option not only from a fee standpoint, but also from a fairness and procedure standpoint too, IMO.  We rarely talk about it because JDBs are quick to drop cases and never get into the meat of the case, but if it ever does get that far, JAMS is a better option for a more fair hearing.

If you are going to file a claim you would have to do it now before your strike list is due.  Once the arbitrator is appointed you may only add claims by permission of the arbitrator - not that you shouldn't seek that permission if you have claims to assert, it's just less steps to do it now.

Once the arbitrator is appointed and JAMS tells you who it is, they will also be sending PRA a new bill for $5000.  I would restate my settlement offer to them a couple days after confirmation of the arbitrator appointment.  This gives them a good option as opposed to paying the $5k bill.  I highly doubt they will go further than this.  However, if they don't respond, I would make sure that the initial conference call with the arbitrator sets a good tone to let them know it won't be easy for them.  I would ask for discovery items and for the name of the witness they intend to present from the OC at the in persona hearing.  They won't like this, and if they object, I would tel the arbitrator know that only a witness from the OC can testify to the accuracy and procedures of the OC's records and that the disputed debt amount and handling is a key point in your argument.

Did PRA even file a counter claim for the debt?  Because if not, then your current JAMS case is about nothing anyway.  I would fight any late filing of counter claims from them for the debt (even though it would be allowed late anyway).  This is a big reason I strongly suggest filing in JAMS with some kind of claim (phone harassment or anything), because until they file a proper counter claim, the only claims are yours.

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@Harry Seaward @BV80 @fisthardcheese

 

Got a email the other day wanting to schedule initial conference call with the Arb and PRA.

 

I asked if PRA paid the intial retainer fee and asked how much it was. No response yet, but if they're scheduling the initial conference call I'm assuming it was paid???

 

Wow.... guess the fight is on.... any suggestions?

 

 

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image.thumb.png.ed1bac20f92480e199c529048f38c56c.png

 

This is the break down of the fees and refunds from a arbitrator, they are all basically the same except the hourly rate varies from arb to arb... just for a reference in the future.

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image.thumb.png.ed1bac20f92480e199c529048f38c56c.png

 

This is the break down of the fees and refunds from a arbitrator, they are all basically the same except the hourly rate varies from arb to arb... just for a reference in the future.

 

  reading through this they may follow all the way till the refund opportunity runs dry or up to the days before the hearing... 

 

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The conference call will be the key point.  You need to set the tone to let them know you aren't just "bluffing".  I would ask for discovery on all claims. I would ask for them to send the name of the witness they are bringing from the OC to the hearing to be sent as part of discovery.  I would state that you need at least 1 full day to present your claims (making it a 2 day hearing min).  I would try not to laugh when the attorney act like a child the throws a fit about all of my requests including a multiple day in-person hearing and presenting a live witness.  I would work on counter arguments to these issues prior to the phone call, such as how only a witness from the OC can testify to the accuracy and procedures of the OC bank and the account when it was with the OC and also that you have the right to cross examine and question the witness.

The goal here is to object and ask for a phone hearing every time they don't cooperate with discovery or do something that runs counter to the JAMS rules. This plus the discovery itself will start to quickly eat away at their $5k retainer before you even get to the actual hearing.  Setting this tone during the phone conference will make them more willing to settle afterwards.  A few days after the phone call, I would send my mutual dismissal settlement to them yet again. Don't forget to add an expiration date to your settlement offer.  I always make that date a day or two before the next major date set in the arbitration case (such as discovery deadline).

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22 hours ago, Norfolk&Wayman said:

Let me boil down what all that says:  The arbitrator will decide on discovery needs.

So ask.

In my JAMS case that went that far, I didn't even need to ask. The arbitrator, being a retired Federal judge, just set the dates and scope of arbitration on his own.  It's arbitration, so the rules are, well, arbitrary.

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15 hours ago, Norfolk&Wayman said:

@fisthardcheese sent you another PM....  Time to play hardball... I'll ride this thing all they way to the end. I owe nothing to these people!  Just need a little guidance..... 

Nothing has happened yet.  Wait until the first phone conference and send them a settlement offer.

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