Upward_Bound Posted October 14, 2018 Report Share Posted October 14, 2018 I have had various credit cards over the years so I am not sure which card they are refering to from "Credit One Bank 2016." I looked up a general contract from that year and it says while you can elect, arbitation is for amounts greater than 5000. What do I do now? Forget asking for arbitration and just deny the accusations? Quote Link to comment Share on other sites More sharing options...
Upward_Bound Posted October 14, 2018 Author Report Share Posted October 14, 2018 MMy amount is 650 Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted October 14, 2018 Report Share Posted October 14, 2018 You may be better off seeing how low they'd settle for - at some point any resistance may not be worth the time and effort. Quote Link to comment Share on other sites More sharing options...
Upward_Bound Posted October 14, 2018 Author Report Share Posted October 14, 2018 I hear you, but I am currently not working and have more time than money. Quote Link to comment Share on other sites More sharing options...
Upward_Bound Posted October 14, 2018 Author Report Share Posted October 14, 2018 Anyone? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 14, 2018 Report Share Posted October 14, 2018 4 hours ago, Upward_Bound said: I looked up a general contract from that year and it says while you can elect, arbitation is for amounts greater than 5000. I've never heard of this in any credit card arbitration agreement. The attached Credit One agreement is dated 4/30/2016 and has no such limitation. It does have the "small claims" exemption, but Michigan small claims doesn't permit lawyers in small claims court, so they couldn't have sued you there anyway. Credit One Bank Visa _ MasterCard Cardholder Agreements and Disclosures.pdf Quote Link to comment Share on other sites More sharing options...
Upward_Bound Posted October 15, 2018 Author Report Share Posted October 15, 2018 15 hours ago, Harry Seaward said: I've never heard of this in any credit card arbitration agreement. The attached Credit One agreement is dated 4/30/2016 and has no such limitation. It does have the "small claims" exemption, but Michigan small claims doesn't permit lawyers in small claims court, so they couldn't have sued you there anyway. Credit One Bank Visa _ MasterCard Cardholder Agreements and Disclosures.pdf Harry it is a Visa if that matters. Are you saying I can elect arbitration ? Does that mean they are suing me in distrct court? How do I ask? Do I attach the 2016 contract and ask for arbitration WITH answers to their claims? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 15, 2018 Report Share Posted October 15, 2018 Read the first few posts of this thread. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Quote Link to comment Share on other sites More sharing options...
Upward_Bound Posted October 15, 2018 Author Report Share Posted October 15, 2018 1 hour ago, Harry Seaward said: Read the first few posts of this thread. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Okay so Im going to print out the agreement for the year in question and submit it with my motion. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted October 15, 2018 Report Share Posted October 15, 2018 1 hour ago, Upward_Bound said: Okay so Im going to print out the agreement for the year in question and submit it with my motion. Did you file an answer? If yes, can you post it with personal info redacted? Here are 2 recent threads by another Michigan poster you may find some useful info in: Quote Link to comment Share on other sites More sharing options...
Upward_Bound Posted October 15, 2018 Author Report Share Posted October 15, 2018 21 minutes ago, Brotherskeeper said: Did you file an answer? If yes, can you post it with personal info redacted? Here are 2 recent threads by another Michigan poster you may find some useful info in: Thanks you BrothersKeeper, I have been reading so many threads here I have lost count. I am writing it right now and will post as soon as I'm done. I' m looking to challenge 1. Jurisdiction and force arbitration 2. Standing QUESTION: Do I have to print out the entire Credit One Bank contract or just the arbitration clause? Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted October 15, 2018 Report Share Posted October 15, 2018 6 minutes ago, Upward_Bound said: QUESTION: Do I have to print out the entire Credit One Bank contract or just the arbitration clause? The entire contract. Make certain it's from the time period of the default on the account. Quote Link to comment Share on other sites More sharing options...
Upward_Bound Posted October 15, 2018 Author Report Share Posted October 15, 2018 37 minutes ago, Brotherskeeper said: The entire contract. Make certain it's from the time period of the default on the account. Seriously???? It's 200 pages!!!!! That's 20 dollars per copy! What happens if I just submit only the Arbitration pages, that's about 8 pages. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted October 15, 2018 Report Share Posted October 15, 2018 You need to print out the whole contract because the judge will want to see it in its entirety. Also, if you do not do print out the whole contract, the opposing attorney may say that the contract had no such clause. When it comes to the contract, don't be penny wise and dollar foolish. Pay whatever it takes to print out the whole contract. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted October 15, 2018 Report Share Posted October 15, 2018 1 hour ago, Upward_Bound said: Seriously???? It's 200 pages!!!!! That's 20 dollars per copy! I'm sorry, but I thought this was a credit card agreement. I'm not familiar with a typical credit card agreement being 200 pages long. I am not a lawyer. IMO demonstrating that the arbitration clause is an integral part of the binding contract means submitting the correct type of contract for the type of credit card from the time period when the account went into default. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted October 15, 2018 Report Share Posted October 15, 2018 On 10/14/2018 at 4:26 PM, Harry Seaward said: I've never heard of this in any credit card arbitration agreement. The attached Credit One agreement is dated 4/30/2016 and has no such limitation. It does have the "small claims" exemption, but Michigan small claims doesn't permit lawyers in small claims court, so they couldn't have sued you there anyway. Credit One Bank Visa _ MasterCard Cardholder Agreements and Disclosures.pdf Each type of agreement listed in Harry's link is about 7 pages long. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 15, 2018 Report Share Posted October 15, 2018 2 hours ago, Upward_Bound said: Seriously???? It's 200 pages!!!!! That's 20 dollars per copy! What I posted has several different agreements in a single PDF. Print only one of them, the most relevant for your account. Quote Link to comment Share on other sites More sharing options...
Upward_Bound Posted October 15, 2018 Author Report Share Posted October 15, 2018 8 minutes ago, Harry Seaward said: What I posted has several different agreements in a single PDF. Print only one of them, the most relevant for your account. I did, The 2017 Visa is 199 pages long. ALSO, can you look at my new post "Answers and Affirmative Defenses" Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 15, 2018 Report Share Posted October 15, 2018 2 hours ago, Upward_Bound said: I did, The 2017 Visa is 199 pages long. Look at the bottom of each page. After several pages, you’ll see the copyright date, etc. That’s where one agreement ends and another begins on the next page. Quote Link to comment Share on other sites More sharing options...
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