SydneyRose Posted January 7, 2022 Report Share Posted January 7, 2022 Need assistance please, can not locate their Best Buy agreement in archives. Archives began Q3 2011, https://www.consumerfinance.gov/creditcards/agreements/ Unless I'm looking in wrong place. Thanks. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 7, 2022 Report Share Posted January 7, 2022 1 hour ago, SydneyRose said: Need assistance please, can not locate their Best Buy agreement in archives. Archives began Q3 2011, https://www.consumerfinance.gov/creditcards/agreements/ Unless I'm looking in wrong place. Thanks. Why do you need 2010? The proper agreement would be the year for the one that was in effect when the account went into default. Quote Link to comment Share on other sites More sharing options...
SydneyRose Posted January 8, 2022 Author Report Share Posted January 8, 2022 Looking for the arbitration and survival clause, when the acct was opened in 2010. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 8, 2022 Report Share Posted January 8, 2022 6 hours ago, SydneyRose said: Looking for the arbitration and survival clause, when the acct was opened in 2010. Could you give us more of an explanation? Agreements can be amended over the the years. Using a card means you agree to any amended agreement. That’s why the one that was in effect when the account went into default is needed. Quote Link to comment Share on other sites More sharing options...
SydneyRose Posted January 8, 2022 Author Report Share Posted January 8, 2022 2 hours ago, BV80 said: Could you give us more of an explanation? Agreements can be amended over the the years. Using a card means you agree to any amended agreement. That’s why the one that was in effect when the account went into default is needed. If the agreement has a survivability clause, I can use the arbitration defense even if a later agreement was changed by the O.C. If the survivability clause doesn't exist I can't use arbitration as a defense. There lies my delimma, not knowing what is in the 2010 agreement..."In April 2010, Bank of America Corp, Capital One Financial Corp, HSBC Holdings Plc and JPMorgan Chase & Co settled with the cardholders by agreeing to remove their arbitration clauses for 3-1/2 years." Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 8, 2022 Report Share Posted January 8, 2022 3 hours ago, SydneyRose said: If the agreement has a survivability clause, I can use the arbitration defense even if a later agreement was changed by the O.C. If the survivability clause doesn't exist I can't use arbitration as a defense. There lies my delimma, not knowing what is in the 2010 agreement..."In April 2010, Bank of America Corp, Capital One Financial Corp, HSBC Holdings Plc and JPMorgan Chase & Co settled with the cardholders by agreeing to remove their arbitration clauses for 3-1/2 years." If the agreement that was in effect when the account went into default has an arbitration provision, you can use arbitration within the limits of the provision. It doesn’t matter if there was a survivability clause in the original agreement as long as the agreement when the account went into default still has arbitration. The 3-1/2 year period has passed. While Capital One did not reinsert arbitration in its agreements, HSBC did. Capital One started issuing the Best Buy card around 2011, BUT it sold it to Citibank in 2013. Citibank agreements all have arbitration. Assuming that you used the account after 2013, then you agreed to Citibank’s terms which includes arbitration. The only problem would be if you were sued in small claims because Citibank excludes small claims court from arbitration https://www.citigroup.com/citi/news/2013/130218a.htm Why don’t you first find the agreement for year that the account went into default. You could try to locate a 2010 agreement, but depending on where you locate it, admissibility with the court could be a problem because you bear the burden of proving that any agreement you offer was actually created by the OC. You would have to prove HSBC actually created the agreement. An agreement located on the CFPB database presents no admissibility issues. Have you been sued? If so, who is the plaintiff and what evidence did it include? Quote Link to comment Share on other sites More sharing options...
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