Dr Crandall

Right to Cure received from OC; send DV to Law Firm?

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11 minutes ago, Dr Crandall said:

I think you misunderstood me.  He is also going to request in DV an accounting on how the balance was arrived at.  Obviously, whatever the balance is will be what he negotiates off of.  Being the OC they should have a reason and final accounting on the balance that the law firm has.  

Why would the OC have to provide that information?

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37 minutes ago, BV80 said:

Why would the OC have to provide that information?

They may not provide it.  All he can do is ask to see if they provide proof so he can work off an amount for settlement.  If  a petition is filed he can have his attorney request that in discovery in district court with proof of account.  He also had requested some statements from Discover's fraud department last Monday who is to send him information.  We'll see if he gets anything at all or something he may be able to use.

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 Frankly speaking, I consider that you need in the help of high qualified accountant. I work in the investment business sphere and I know how is important to get clear answers to the questions when they arise. If you need in the good accountant or you have accountant questions then I can recommend you APM Accountants. This accountancy firm consists of high qualified accountants. One day when I had some issues in my business, I asked their help. In the end I was very satisfied with the result. I always say, you should not have any doubts or questions when you run your own business. But if they arise then be sure in the person whose help you ask. I think they will give you answers about Discover and JAMS. I sincerely wish you success in what you are doing.

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On 11/18/2018 at 10:59 AM, fisthardcheese said:

Discover will not ignore the arbitration demand.  They will accept it and file a counter claim for the alleged debt.  You will then be stuck in arbitration because once they respond and file a counter claim you cant just withdraw from it on your own.  If you don't show up, just like in court, they will get a default win against you.  Then you will have effectively just sued yourself for no reason.

Arbitration with an OC should ONLY be used in defense of a law suit, or if there is no underlying debt (such as with FCRA violations as I have done in the past, but with no debt they could counter claim with).

To add to this:

There are a few other reasons why one would file a pre-emptive arbitration.  I have done so on three occasions, and these are three exceptions to the rule.

1. I once filed a pre-emptive arbitration for a Citi small claims court.  Had I waited until they filed, I would've missed arbitration.  

2. One time the attorney for an OC (I cannot mention because of NDA) threatened to file a few months before my state's 6 year SOL.  The card agreement said to use Delaware law for arbitration, which has a 3 year SOL.  So I filed in arbitration.  

3. One time I had a combination of events with an OC.  

3a.  The card was in my wife's name. I could fight the battles for her in arbitration, but not court.  

3b. There was genuine malfeasance on the part of the OC.  I mean, they messed up BAD.

3c. For this account, I could also file against the law firm in arbitration. and the law firm had violated some laws.  

 

There are exceptions to every rule.  

Other exceptions would be if you need some kind of security clearance and having a court case would mess you up.  I work in banking now, so every case I had in court had to be carefully explained.  

 BUT, you need to know WHY the exception applies.  

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