Writing Demand letter per AAA

[WonderingInWI]

I am trying to compose the Demand letter required by AAA to file a case:

"(1) The party who starts the arbitration (referred to as the “claimant” throughout the arbitration) must contact, in writing, the party that the case is filed against (referred to as the “respondent” throughout the arbitration) that it wishes to arbitrate a dispute. This written contact is referred to as the Demand for Arbitration (“Demand”). The Demand must do the following: • Briefly explain the dispute • List the names and addresses of the consumer and the business, and, if known, the names of any representatives of the consumer and the business • Specify the amount of money in dispute, if applicable • Identify the requested location for the hearing if an in-person hearing is requested • State what the claimant wants"

I have read and re-read the arbitration thread by  @fisthardcheese 

If I just write, "debt dispute," in the letter, is that enough info for AAA to take the case?

I believe I have a couple of FCPA violations. I am hesitating to list those as my "dispute," only because the arb clause says that they will pay arb fees except in debt collection cases.

This is a Cavalry/Citi case for alleged 2.5k debt. 

Can anybody clarify this for me?

 

[fisthardcheese]

17 hours ago, WonderingInWI said:

I am trying to compose the Demand letter required by AAA to file a case:

"(1) The party who starts the arbitration (referred to as the “claimant” throughout the arbitration) must contact, in writing, the party that the case is filed against (referred to as the “respondent” throughout the arbitration) that it wishes to arbitrate a dispute. This written contact is referred to as the Demand for Arbitration (“Demand”). The Demand must do the following: • Briefly explain the dispute • List the names and addresses of the consumer and the business, and, if known, the names of any representatives of the consumer and the business • Specify the amount of money in dispute, if applicable • Identify the requested location for the hearing if an in-person hearing is requested • State what the claimant wants"

I have read and re-read the arbitration thread by  @fisthardcheese 

If I just write, "debt dispute," in the letter, is that enough info for AAA to take the case?

I believe I have a couple of FCPA violations. I am hesitating to list those as my "dispute," only because the arb clause says that they will pay arb fees except in debt collection cases.

This is a Cavalry/Citi case for alleged 2.5k debt. 

Can anybody clarify this for me?

 

You need to go to the AAA website and read the rules and then find the Demand Form which has instructions for filing.  Also those instructions are listed in my arbitration post at the link in my signature below.

Is this an arbitration due to a lawsuit?

[WonderingInWI]

 

I am being sued by Cavalry/Citi for an alleged $2.5k credit card debt.

 

With your kind assistance, I was previously able to get Midland to drop a $5k Synchrony case. In that case, the arbitrator was JAMS.

 

Citi mandates AAA and I am working with their instruction manual. They are specific about the content of the Demand Letter I must send to Cavalry/Citi. In that letter, I need to describe the nature of the dispute. 

 

On the actual AAA Demand Form, under “describe dispute,” I put “violations of state and federal consumer debt laws.”  I realize now that I should have just put, “debt dispute,” (as you recommended) because the Citi arb clause says they’ll pay arb costs unless the case involves “debt collection.”

 

Do you think I should still go ahead and put a demand for Citi to pay arb fees/costs in my Demand Letter anyway- even though the clause specifically excludes it?

 

 

 

 

 

[fisthardcheese]

"consumer laws" don't necessarily mean debt.  You should have omited the word debt.  If it is already sent it, nothing you can do about it.

I don't even know what you mean about a "demand letter".  AAA is very easy.  You send in the Demand Form with a copy of the arbitration agreement and you are done.

[WonderingInWI]

Page 11 of AAA's Consumer Rules:

 

R-2. Starting Arbitration under an Arbitration Agreement in a Contract (a) Arbitration filed under an arbitration agreement naming the AAA shall be started in the following manner: (1) The party who starts the arbitration (referred to as the “claimant” throughout the arbitration) must contact, in writing, the party that the case is filed against (referred to as the “respondent” throughout the arbitration) that it wishes to arbitrate a dispute. This written contact is referred to as the Demand for Arbitration (“Demand”). The Demand must do the following: • Briefly explain the dispute • List the names and addresses of the consumer and the business, and, if known, the names of any representatives of the consumer and the business • Specify the amount of money in dispute, if applicable • Identify the requested location for the hearing if an in-person hearing is requested • State what the claimant wants

 

Okay, now I see. That is embarrassing. I was not understanding that the Demand for Arbitration form was all that is necessary. I read the above to mean a separate Demand "letter" needed to be sent in addition to the form.

 

This stuff makes me so apprehensive that I tend to spin a bit in my mind. 

 

Thanks for your time ?