What if ...

[MG05]

What if you asked for mandatory arbitration and the opposing council denied its existence and made pleadings to that fact or reasons why arbitration should not be allowed? What if the Judge denied the Motion to Compel Arbitration based on the opposing councils arguments? Either way you’re not limited to file an arbitration claim against the OC and force them into Federal Court to arbitrate. Most companies (Cap 1, Citi, Chase and BOA) provide interstate banking and commerce therefore they are subject to the Federal Arbitration Act and can be forced to arbitrate if an arbitration clause exists. Just because you defaulted on your account doesn’t remove the contract between the two parties. Imagine the damages you could ask for in arbitration. Breech of contract, deceptive practices, pain, suffering and anything else you could come up with. Perhaps playing the uninformed defendant might be a good thing. Opposing councils all know by the OC lawyers (the big players) to fight arbitration until things with the arbitrators get fixed back in their favor. I think just asking for arbitration and then opposing council denying or fighting arbitration could be a win no matter the outcome in local court. I would think that damages sustained in local court based on denying or fighting mandatory arbitration could be a payday in an arbitration award.

[trueq]

1.) When scumbag denies existence of arbitration clause.

PRODUCE A COPY FOR THE COURT. (do you have a copy? If not? tell me who it is, I may have a copy of the agreement.)

2.) Judge will not deny compel arbitration motion, unless you do not have a copy of arbitration clause.

Read this. (before you worry about #2)

http://www.debt-consolidation-credit...t=Rubin&page=2

He would violate FAA and state law!

Not only is it a "payday" in court against OC on denying your contrctual right to arbitrate.

YOU CAN SUE LAW FIRM, AND OPPOSING COUNSEL, UNDER FDCPA.

FALSE STATEMENTS BY COUNSEL IN STATE COURT PLEADING ARE A VIOLATION OF FDCPA!

I had this happen! For 6 months opposing firm and counsel agreed to arbitration stay (court ordered them to initate.) 8 months later (after being stymied from filing in AAA I'm sure) came back to court to DENY existence of arbitration clause!

They just filed for SJ. At SJ hearing judge flat out asked, "Why are we here today? I ordered this case to arbitration." Local rent a lawyer said, no arbitration clause exists. Judge says, "why have you givien this court and Mr. X over here the wrong contract for all these months."

Local rent-a-lawyer said, "I don't know, this case is a little more complicated than the ones I normally handle."

Judge WAS VERY DISPLEASED! He was not going to lift the "arbitration stay order".

He ordered an evidentiary hearing on the agreement and wanted the actual attorneys on case, 6 hours away to be in his courtroom! (Judge was really ticked!)

Since the hearing, I sent them discovery. THEIR AFFIANT, IN DISCOVERY, ADMITS THERE IS AN ARBITRATION CLAUSE.

So there is no dispute. I submitted an affidavit there's an arbitration clause, they submitted an affidavit there is an arbitration clause.

It's only in the lying legal counsel's head that there is no arbitration clause.

It gets "fun" when they start denying the contract and the contract language!

I sued the lawyer and the law firm.

[poorbloke]

Trueq! your my hero! Send me your powers!

[trueq]

1.) because if you can defeat it in court, you should do that first (which I wholeheartedly agree with)

2.) some are still thinking consumer arbitration today is the railroad job of the NAF. THIS IS NO LONGER TRUE.

NO MATTER WHICH SIDE OF THE FENCE YOU ARE ON, I DO KNOW THIS:

When you exercise the arbitration clause, opposing so-called legal professionals will lie, cheat, and steal TO GET OUT OF THE ARBITRATION CLAUSE EXERCISE.

That's the only message I need to hear!

Those so-called certified professionals that don't, lie, cheat or steal to get out of arbitrtion have done nothing in over a year to initiate arbitration as court ordered.

[MG05]

Originally Posted by trueq

1.) because if you can defeat it in court, you should do that first (which I wholeheartedly agree with)

2.) some are still thinking consumer arbitration today is the railroad job of the NAF. THIS IS NO LONGER TRUE.

NO MATTER WHICH SIDE OF THE FENCE YOU ARE ON, I DO KNOW THIS:

When you exercise the arbitration clause, opposing so-called legal professionals will lie, cheat, and steal TO GET OUT OF THE ARBITRATION CLAUSE EXERCISE.

That's the only message I need to hear!

Those so-called certified professionals that don't, lie, cheat or steal to get out of arbitrtion have done nothing in over a year to initiate arbitration as court ordered.

I have to agree with Trueq … If the arbitration provision for Capital 1 was something that was a slam dunk for them why would Capital 1 be fighting all these consumer lawsuits? I could see a JDB opposing this type of action but why the OC? It all has to do with JAMS in my opinion. Capital 1 doesn’t want to use that administrator in these actions. Just my take on it!

[trueq]

JAMS changed its rules about 3-4 years ago to be more consumer friendly.

Cap1 had JAMS in there for a long time. It was meant as a tool for class action and other consumer claims (to get consumer out of court when suing Cap1). Cap1 was unconcerned about JAMS rules changes because the NAF scam was available to Cap1 whether they exercised or if consumer was dumb enough to exercise arbitration 6 months ago!

MN AG took out NAF! AAA buckled from MN AG action because they feared same fate as NAF.

JAMS saw this coming and their rules are designed to be "consumer friendly" so they do not suffer fate of other 2.

This is why EVERYTHING HAS CHANGED ABOUT ARBITRATION!

JAMS is now a central roll because of NAF and AAA being out.

One issue.

JAMS chief legal counsel admits they don't do debt collection arbitration!!!!!

However, Cap1 says either party can resolve disputes (which includes debt collection) by arbitration.

I don't think Cap1 yet realizes the mess they are in on this.

If the 3 Cap1 administrators will not take their claim, Cap1 is left to beg consumer for an agreement on an alternate arbitration administrator, or attempt to strike its own arbitration clause!