American Speedy

[Arbitration all the way]

I'm in AAA with American Speedy.

They have paid the initial $300 fee, $1500 preliminary conference fee and $1400 arbitrator deposit.

American Speedy has retained an outside firm to fight me.

Amount in question is $1100.

What can I expect from American Speedy? I have my preliminary conference coming up soon.

[BackFromTheDebt]

I don’t have any experience with American Speedy, and I don’t recall any threads about them. You could do a search. 
 

It appears they won’t back down.  If they have already spent over $3000 on an $1100 debt, they aren’t walking away. 
 

If I were in your shoes I would try to settle. 
 

[Arbitration all the way]

8 minutes ago, BackFromTheDebt said:

I don’t have any experience with American Speedy, and I don’t recall any threads about them. You could do a search. 
 

It appears they won’t back down.  If they have already spent over $3000 on an $1100 debt, they aren’t walking away. 
 

If I were in your shoes I would try to settle. 
 

Yea I searched but didn't find much.

I tried to settle a few times and I have radio silence so I assume they are not interested.

I guess at this point my strategy will be to paint them as an unreasonable by forcing a an in-person hearing. I know most arbitrators try to push settlement.

[BackFromTheDebt]

1 hour ago, Arbitration all the way said:

Yea I searched but didn't find much.

I tried to settle a few times and I have radio silence so I assume they are not interested.

I guess at this point my strategy will be to paint them as an unreasonable by forcing a an in-person hearing. I know most arbitrators try to push settlement.

Painting them as unreasonable won’t help. 
 

What often helps is getting the bill for the in person hearing.  That often, but not always, gets them to negotiate. 
 

There are several people, including myself, who have had creditors agree to the same settlement they ignored or rejected earlier when faced with the hearing bill.  
 

Of course, YMMV.  This could be a case of a creditor who wants to punish people who choose arbitration.  It could be an attorney who is using this to rack up the bills, and doesn’t care what is best for the client.  
 

What you need to do is to fight this vigorously.  Get all their documentation during discovery.  Get as many status hearings as possible.  Go over their accounting with a fine tooth comb.  Object to their witness.  File a motion to have their witness appear in person.  I have won cases, or at least forced a settlement, several times this way.  

[Arbitration all the way]

2 hours ago, BackFromTheDebt said:

Painting them as unreasonable won’t help. 
 

What often helps is getting the bill for the in person hearing.  That often, but not always, gets them to negotiate. 
 

There are several people, including myself, who have had creditors agree to the same settlement they ignored or rejected earlier when faced with the hearing bill.  
 

Of course, YMMV.  This could be a case of a creditor who wants to punish people who choose arbitration.  It could be an attorney who is using this to rack up the bills, and doesn’t care what is best for the client.  
 

What you need to do is to fight this vigorously.  Get all their documentation during discovery.  Get as many status hearings as possible.  Go over their accounting with a fine tooth comb.  Object to their witness.  File a motion to have their witness appear in person.  I have won cases, or at least forced a settlement, several times this way.  

I have a feeling I'm being punishing for objecting to everything and being belligerent but whatever I know I have a good case.

My agreement says I can ask the arbitrator to expand the scope of discovery which I intend on asking for. I have some people working for American Speedy that I'd like to ask questions to, This will require the arbitrator to issue a subpoena.

The only other thing they must pay is the hearing fee which AAA lists as $2350. I don't believe there are anymore fees for them after that.

[WhoCares1000]

Do you have the full $1100 aside? If you do and they insist on going all the way, fight them as best you can and if they get an award for $1100, immediately pay it off so that they cannot do anything post award such as garnishment or levies (which I think they are hoping to do).

This sounds like a payday loan organization and it looks like they are an original creditor. Original creditors usually go all the way because they don't want their arbitration clauses used against them and being a payday loan organization, they tend to be rather aggressive with collection.

[Arbitration all the way]

21 minutes ago, WhoCares1000 said:

Do you have the full $1100 aside? If you do and they insist on going all the way, fight them as best you can and if they get an award for $1100, immediately pay it off so that they cannot do anything post award such as garnishment or levies (which I think they are hoping to do).

This sounds like a payday loan organization and it looks like they are an original creditor. Original creditors usually go all the way because they don't want their arbitration clauses used against them and being a payday loan organization, they tend to be rather aggressive with collection.

It's neither. I don't owe them any money. They allege I did in the past but I'm not able to talk about the outcome of that.

I'm now alleging they owe me money for a non-permissible pull. As everyone knows (or doesn't) the arbitration clause survives account closure now and forever.

[BackFromTheDebt]

3 hours ago, Arbitration all the way said:

It's neither. I don't owe them any money. They allege I did in the past but I'm not able to talk about the outcome of that.

I'm now alleging they owe me money for a non-permissible pull. As everyone knows (or doesn't) the arbitration clause survives account closure now and forever.

Then you are talking about you going after them. 
 

I’ve seen some malefactors who want to cut a check as soon as they are called out for their actions.  Others who will negotiate once sued or in arbitration, and a few who will fight to the bitter end.  Some of the last category take the whole thing very personally for some reason. 
 

You may be facing an organization that, as a matter of principle, decided to fight to the bitter end.  In which case, you either win or lose.  

[Arbitration all the way]

25 minutes ago, BackFromTheDebt said:

You may be facing an organization that, as a matter of principle, decided to fight to the bitter end.  In which case, you either win or lose.  

Perhaps. I've been doing what's in the FAQ. Object, object, object.

I use a calendar to mark whatever dates AAA gives and I've noticed they appear to file responses late.

I've also looked at their past cases in the AAA and JAMS public databases.

[WhoCares1000]

11 hours ago, Arbitration all the way said:

It's neither. I don't owe them any money. They allege I did in the past but I'm not able to talk about the outcome of that.

I'm now alleging they owe me money for a non-permissible pull. As everyone knows (or doesn't) the arbitration clause survives account closure now and forever.

Ahhhh, now I see what is happening here.

They are going to take this all the way because they have 2 goals here, either which will be considered success to them:

1) They want to either wear you down or make you lose so that they can keep you money as well as legitimize their acts.

2) Even if they lose, the want to show that they are willing to go all the way in stopping you from getting your funds back in hopes that others are not willing to take the process all the way.

Either way, it is not about how expensive the process is anymore so you had better be ready to go all the way.