Jackie1989

AAA declined arbitration

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4 minutes ago, Brotherskeeper said:

Covered claims
• You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called “Claims”).
• If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim.

^^^Does your agreement have this language?

 

37 minutes ago, Jackie1989 said:

I sent cavalry a request for arbitration in May. They filed suit 3 weeks?

Do you have a copy of this request and proof that you sent it prior to them filing the lawsuit? 

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When I get in I need to look at the exact dates. But I believe it was around 517 or 5:19 that I sent the request for arbitration. I then see now that they filed this case on July 10th. But the date on the summons is June 8th. I received it certified mail on the 13th of June. so they sat on that summons after mailing it to me until July 10th and then processed it through the courts.

 

 

Updated:

Okay, they received my request for arbitration on May 21( The Attorney. Not sure when Cavalry received because receipt is not stamped.).

Anyways, They wrote up this small claims complaint on the 11th of June ( 19 days later) and then filed July 15th.(50 days after receipt of request)

 I imagine these timelines mean nothing and I should of just filed with AAA regardless on my own without waiting to hear back from them.

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28 minutes ago, Jackie1989 said:

I imagine these timelines mean nothing and I should of just filed with AAA regardless on my own without waiting to hear back from them.

AAA would have still rejected it for the same reasons they did. This payment issue with Cavalry goes way back.

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12 minutes ago, Harry Seaward said:
 

AAA would have still rejected it for the same reasons they did. This payment issue with Cavalry goes way back.

so, shouldn't this be posted in bold here? this will inform people who are going up against cavalry that if they file a MTC with court, Cavalry will not follow. Period. No Guessing. And, If they file directly with AAA prior to small claims, then no case at all and they will get their $200 back!!

Am I missing something?

In my particular case, I did not file with AAA prior to them filing with court. I believe I would have had an easier time in my answer by just stating "mtd as they did not follow into arbitration and could of filed a fdcpa claim.

Maybe I am not thinking about this correctly.

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41 minutes ago, Jackie1989 said:

When I get in I need to look at the exact dates. But I believe it was around 517 or 5:19 that I sent the request for arbitration. I then see now that they filed this case on July 10th. But the date on the summons is June 8th. I received it certified mail on the 13th of June. so they sat on that summons after mailing it to me until July 10th and then processed it through the courts.

 

 

Updated:

Okay, they received my request for arbitration on May 21( The Attorney. Not sure when Cavalry received because receipt is not stamped.).

Anyways, They wrote up this small claims complaint on the 8th of June ( 19 days later) and then filed July 10th.(50 days after receipt of request)

 I imagine these timelines mean nothing and I should of just filed with AAA regardless on my own without waiting to hear back from them.

I’m confused, so please forgive me and bear with me,   You posted:

 

45 minutes ago, Jackie1989 said:

Okay, they received my request for arbitration on May 21( The Attorney. Not sure when Cavalry received because receipt is not stamped.).

Anyways, They wrote up this small claims complaint on the 8th of June ( 19 days later) and then filed July 10th.(50 days after receipt of request)

  Then:

 

3 minutes ago, Jackie1989 said:

In my particular case, I did not file with AAA prior to them filing with court.

While you requested arbitration before the lawsuit was filed, you did not file with AAA until after the lawsuit was filed? 

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4 minutes ago, BV80 said:

I’m confused, so please forgive me and bear with me,   You posted:

 

  Then:

 

While you requested arbitration before the lawsuit was filed, you did not file with AAA until after the lawsuit was filed? 

i only sent cavalry and their attorney a letter stating that I elected to arbitrate this claim. I never filed it with AAA(Stupidly). They in turn filed a small claims case against me.

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I only filed with AAA after a 12/11/19 court date in which magistrate allowed a 60 day continuance , and agreed with by attorney for cavalry, to pursue arbitration. it is not court ordered though and the magistrate in filing the continuance makes no mention of arbitration. simply states, 60 day continuance allowed to parties.

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6

12 minutes ago, Jackie1989 said:

I only filed with AAA after a 12/6/19 court date in which magistrate allowed a 60 day continuance , and agreed with by attorney for cavalry, to pursue arbitration. it is not court ordered though and the magistrate in filing the continuance makes no mention of arbitration. simply states, 60 day continuance allowed to parties.

In my opinion, this clause in the arbitration provision will be a problem.

Arbitration limits
• Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court.

The plaintiff filed in small claims before you filed with the arbitration forum.  You would have to show that the small claims exception doesn’t matter for some reason.  

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On 2/13/2020 at 4:29 PM, BV80 said:

6

In my opinion, this class in the arbitration provision will be a problem.

Arbitration limits
• Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court.

The plaintiff filed in small claims before you filed with the arbitration forum.  You would have to show that the small claims exception doesn’t matter for some reason.  

 

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I was thinking of just filing a "Notice" (i see plaintiffs and defendants file these in court). I can do it online and just state what has happened. outlining that i was originally seeking arb and on court date attorney agreed and magistrate allowed and now AAA will not accept. something that just states/shows that i am trying. Also, include the email with me and attorney stating that we had agreed and judge offered continuance based on that and she was going to find out what was going on.

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However you do it, you need to get a Motion to Compel approved by the court. That's when AAA should send Cavalry a bill, or another letter explaining how Cavalry cases won't be accepted until they play by the rules. At that point they either dismiss or you argue that they have so prejudiced you by their actions that the case should be dismissed.

 

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1 hour ago, Jackie1989 said:

I was thinking of just filing a "Notice" (i see plaintiffs and defendants file these in court). I can do it online and just state what has happened. outlining that i was originally seeking arb and on court date attorney agreed and magistrate allowed and now AAA will not accept. something that just states/shows that i am trying. Also, include the email with me and attorney stating that we had agreed and judge offered continuance based on that and she was going to find out what was going on.

Is there a rule foe filing a “notice”.

 

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15 minutes ago, BV80 said:

Is there a rule foe filing a “notice”.

 

I cant find it now. i have gone through thousands , no joke, cases. i may be wrong on how they are being applied.

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maybe I will try MTC and hope this attorney doesn't catch on. I will state what has gone down with AAA and my attempt at arbitration.

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3 hours ago, Jackie1989 said:

Maybe I am not thinking about this correctly.

You didn't have a court order before you opened your AAA case.  The general consensus here is to wait until there is a court order.

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3 hours ago, Jackie1989 said:

so, shouldn't this be posted in bold here? this will inform people who are going up against cavalry that if they file a MTC with court, Cavalry will not follow.

This isn't entirely accurate. AAA has shown that it will reverse this declination policy if a court order accompanies the claim demand. The key is to get a written order from the judge on the motion to compel arb. 

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So, then doesn't cavalry have to pay their debt to AAA? Or is it because it is court ordered, they are off the hook for the fees?

I'm reading here that this have been going on for a while with Cavalry. If so, even if court ordered, aren't there fees they have to pay to AAA? 

I get it, AAA will only take the case if court ordered. Just puzzles me how Cavalry gets around this

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22 minutes ago, Jackie1989 said:

Just puzzles me how Cavalry gets around this

They just dismiss the court action and there are no arbitration fees charged to them. The outstanding fees are from years ago when they agreed to arbitrate before they understood how it worked. When they realized it was a losing game, they cut bait with outstanding invoices. Which are still outstanding. 

24 minutes ago, Jackie1989 said:

How can I get a MTC at this point.

File a MTC and let the court rule on it.

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22 hours ago, Brotherskeeper said:

Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA.

I apologise but is this correct?

You sent a letter CMRRR to Cavalry electing arbitration 3 weeks prior to their filing of the lawsuit in small claims court.

You filed an answer to the complaint but did not assert arbitration as an affirmative defense.

You have not yet filed a motion to compel arbitration because the JDB attorney orally agreed to arbitrate at a hearing, and the judge granted a continuance for 60 days so you could go to AAA. 

You filed your demand claim in AAA. Then you received the declination letter/email from AAA due to Cavalry's noncompliance with AAA's policies. 

Did you email AAA to get an answer ( hopefully in writing) confirming AAA will arbitrate with Cavalry with a court order? 

(IANAL) As I read the quoted exerpt from the latest Citi agreement, you requested arbitration before a lawsuit was filed in small claims. You received no response to that request. You did not waive your right to arb by filing an answer to the complaint. To choose arbitration, you commenced arbitration by submitting the required AAA forms and paid your AAA filing fee. You commenced arbitration, as per the Citi agreement's arb provision, within the 60-day continuance granted by the court because the plaintiff did not oppose arbitration. Now, due to Cavalry's default on AAA's policies, you must now file a motion to compel (also as per the Citi agreement) in order to get the court order needed so that AAA will accept your demand claim with Cavalry. 

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On 2/14/2020 at 1:32 PM, Brotherskeeper said:

I apologise but is this correct?

You sent a letter CMRRR to Cavalry electing arbitration 3 weeks prior to their filing of the lawsuit in small claims court.

You filed an answer to the complaint but did not assert arbitration as an affirmative defense.

You have not yet filed a motion to compel arbitration because the JDB attorney orally agreed to arbitrate at a hearing, and the judge granted a continuance for 60 days so you could go to AAA. 

You filed your demand claim in AAA. Then you received the declination letter/email from AAA due to Cavalry's noncompliance with AAA's policies. 

Did you email AAA to get an answer ( hopefully in writing) confirming AAA will arbitrate with Cavalry with a court order? 

(IANAL) As I read the quoted exerpt from the latest Citi agreement, you requested arbitration before a lawsuit was filed in small claims. You received no response to that request. You did not waive your right to arb by filing an answer to the complaint. To choose arbitration, you commenced arbitration by submitting the required AAA forms and paid your AAA filing fee. You commenced arbitration, as per the Citi agreement's arb provision, within the 60-day continuance granted by the court because the plaintiff did not oppose arbitration. Now, due to Cavalry's default on AAA's policies, you must now file a motion to compel (also as per the Citi agreement) in order to get the court order needed so that AAA will accept your demand claim with Cavalry. 

so I sent a letter to cavalry and attorney cmrr electing arb which they received 5/26/19 , they  in turn filed this case 7/15/19.

I have the email from AAA stating that they declined. 

 

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