Pulling the arbitration card, Scoreboard....

[trueq]

We have several members doing this.

1.) I have had great success. 8 cases. 12 months. Nothing. I had 2 cases go into JAMS and have been there for 6 months Cap1 has not counterclaimed for debt, but I filed big claim against Cap1. Other 6 cases other guy was to intiate....nothing!

Trueq Q: success

2.) MG05 has had issues getting judge to let him pick the arbitration forum. Judge is going to set up his own arbitration forum.

http://www.debt-consolidation-credit...d.php?t=299232

This case is mixed. It has the chance to be a procedural mess for a long time, but it will cause MG05 to make more motions and maybe appeal.

If delay is success...this is success. This case will be interesting.

Myself and FlaLawyer both disagree with this lunatic judge. FAA is flat out being ignored by judge.

EDIT: I've got to move MG05 to an overall success story and he's taken arbitration to a whole new level...pre-emptive arbitration. MG05 is even more excited about this consumer weapon than trueq!!!!

3.) DFS exercised arbitration 20 minutes in front of trial with less than a 10% chance of winning and got dismissal!

http://www.debt-consolidation-credit...d.php?t=299160

This was a five figure claim, he won on!

This is huge success!

4.) lilq got judge to cough up agreement because of arbitration. (but judge would not make lawyer cough it up to prove interest, fees, and charges were legitimate...how absurd!)

http://www.debt-consolidation-credit...d.php?t=299065

this case is now on stay.

http://www.debt-consolidation-credit...d.php?t=299210

True Q level of success to this point.

5.) GCW tried it and ran into trouble

http://www.debt-consolidation-credit...d.php?t=299186

It seems debt lawyer hates arbitration so much, it got a default judgment without serving GCW papers!

http://www.debt-consolidation-credit...d.php?t=299206

&

http://www.debt-consolidation-credit...d.php?t=299226

Did arbitration exercise cause this? I would have to say: YES. Because debt lawyers hate it!

I'm confident this default will be unwound, but arbitration causes other side to lie, cheat and steal like this! SO BE FOREWARNED! If you swing the arbitration venue sword, be ready for scumbag tactics like this!

So right now we need to put this in the "loss" category. I'm hoping we can move it to "win" in the future.

6.) GMAtgGuy has got a motion from creditor to strike its own arbitration clause! This one is too funny.

http://www.debt-consolidation-credit...d.php?t=299148

This could be positive and negative. If judge strikes...he could strike whole contract, which means win! If judge strikes just arbitration clause...then GAMtgGuy is no worse than where he was before, but with good grounds to appeal! If judge denies motion to strike....GMAtgGuy gets the arbitration he demanded and gets to waive other guy from court.

This is mixed... although he has taken control of this case from debt lawyer.

Debt lawyer has to fight tooth and nail to save his case in the court venue.

This is interesting and good.

7.) David9041 had 4 court cases with Cap1. He had lost "about 40 motions" before arbitration exercise and now has 3 cases, maybe 4 now, permanently stayed for arbitration.

This is True Q level of success. David is taking his time on filing with JAMS and paying the JAMS fees.

UPDATE: CAP1 made an offer to dismiss all 4 of its claims and cases.

________________________________

With exception of scummy tactics in #5, which I'm sure will be rectified, arbitration exercise by the consumer is winning cases....and at very least buying a ton of time! Point being (#5 excepted which is being fought) no one has incurred a judgment or is close to judgment.

[trueq]

http://www.debt-consolidation-credit...=1#post1038600

$6000 Unifund case dismissed because of arbitration exercise!

I think Unifund lawyer knew he could not arbitrate and its expensive!

Let's keep barreling these guys over!!!!!

Go forth and kick some posterier!

[MG05]

Over a long night to sleep and ponder what to do I have come up with some ideas … Please chime in with your opinions.

1. Going to file my original JAMS complaint as the arbitration provision states I can do.

2. File on Monday my motion to reconsider (4 pages) and initiate JAMS arbitration.

3. Set a hearing and see if I can persuade the Judge?

4. Call and write Capital One attorneys and elect arbitration and initiation with JAMS (send them the JAMS complaint).

5. Regardless of the play … if they win a local arbitration award … I appeal (lots of time) the award for undue means, improper venue and wrong choice of law. Capital One still defends a huge complaint in JAMS … so now they are on two fronts of my attack. My offer with Capital One will be to dismiss local case and agree to arbitrate in JAMS. Either way the proceedings will take lots of time.

6. The best thing is local arbitration awards appear to have an easier time vacating then FAA arbitration.

[trueq]

Can you imagine what a debt attorney...looking at your blueprint is thinking?

He is thinking, "I'm concentrating on someone who is quite NOT so much trouble."

Makes sure in JAMS. Initiate. file your complaint against Cap1. DO NOT PAY $250 CONSUMER FEE! (This expands your options, calls judge on his ruling, and will give you time to see if other guy just asks for dismissal)

Arbitration gives you all these procedural tools to fight with. Its a much better scenerio than the default and SJ judgment court grinder!

[juanhunglo]

Having read this and similar threads it gives me a warm and fuzzy feeling all over. To think that everyday Joe's can pummel and humble these professional snakes at their own game is a wonderful thing. For far too long the deck has been stacked in their favor. Now the playing field is being slanted in the consumer's favor and it's is a wonderful thing to see.

Keep up the wonderful work. You've helped a bunch of people in their struggles. It's a beautiful thing!

[lilq]

Add my husbands success. Went to court on Dec 1 and the judge stayed the case permanently pending outcome of arbitration.

It's now in Cap One's court to see what they do next.

This is the same judge who I will have to argue for arbitration at the end of the month, so he knows the score on arbitration.

I have yet to receive the contract from Cap One attorney's they have just a few weeks left to produce it.

But my husband's case worked out fine even though we had to initiate. We just have to wait now.

[trueq]

http://www.debt-consolidation-credit...96#post1039296

Marlinrott defeated Crap1 with arbitration exercise!

Keep it rolling!

[trueq]

I just had another person email me from a state to south of me and got Cap1 to dismiss rather than face JAMS arbitration!

I may be close to putting my Cap1 "fun" to bed as well!

Arbitration in JAMS is just as I explained:

1.) IT IS NOT FAST (BAD FOR CREDITOR)
2.) IT IS NOT CHEAP (BAD FOR CREDITOR)
3.) NON-CONSUMER PARTY PAYS NEARLY EVERYTHING (BAD FOR CREDITOR)
4.) NO DEFAULT JUDGMENTS ARE ALLOWED (NON-ANSWER'S ARE ASSUMED DENIED IN JAMS)
5.) JAMS ARBITRATORS ARE MUCH HIGHER QUALITY THAN AAA AND NAF (AT $500+/HOUR THEY BETTER BE...AAA AND NAF PAY THERE ARBITRATORS $250 FOR WHOLE CASE...THAT MEANS AAA AND NAF HAVE SECOND RATE ARBITRATORS IN TERMS OF PAY.)

GO FORTH AND FORCE JAMS ARBITRATION ON CAPITAL ONE!

[david9041]

Trueq , of my 4 cases with Cap1 the 1st one is now in Jams , I initiated , put in a 70,000 claim , Cap1 in-house lawyer called , offered a walk- away , I refused , they hired S C law firm and put 2 lawyers on it ,Cap1 paid their fees , I sent in my waiver , JAMS granted waiver , JAMS billed CAP1 , CAP1 paid my fees , JAMS sent list of arbitrators to chose from , I then sent in my amended claim for 300,000 and demanded panel of 3 arbitrators and :

1 . COMPREHENSIVE ARBITRATION

2 . PANEL OF THREE ARBITRATORS

3 . IN PERSON PRELIMINARY HEARING

4 . IN PERSON ARBITRATION HEARING

5 . OPTIONAL ARBITRATION APPEAL PROCEDURE

6 . LOCATION OF HEARINGS TO BE IN PORT RICHEY FLORIDA


Now I am on hold till I see what the reaction is from their new lawyers do , it will be interesting .

[trueq]

Given where you were, (from losing all those motions in court heading for SJ) for you to get to the stage where Cap1 offers a walk away is not good enough after Cap1 sues you 4 times...

THAT IS A WIN! NO MATTER HOW YOU SLICE IT!

YOU DON'T GET THAT KIND OF KICK ASS LEVERAGE IN COURT!!!!!!

I still can't blame you for pressing it, but I still consider you a success story when you have the brass (and priviledge) to reject a Cap1 offer of a complete walk away!

Let's keep piling on this in JAMS.

If you are sued by Cap1, its almost foolish not to force JAMS arbitration, given all the wins we got here. All we did was push some paper.

[bevj2]

David...please don't take this the wrong way, but WHY are you still pursuing this when they offered, as you put it, a "walk away" in response to your $70,000 claim???? And, you rejected that and now, you've upped that to $300,000???

Seriously, dude....that is a lot of bucks. I hope you have enough to back up that claim, or else this might end up blowing up in your face. Just my two cents worth, of course. I just think when you start hitting them for over a quarter mil, you better be able to plead some serious case law. Again, just my opinion.

[david9041]

Originally Posted by bevj2

David...please don't take this the wrong way, but WHY are you still pursuing this when they offered, as you put it, a "walk away" in response to your $70,000 claim???? And, you rejected that and now, you've upped that to $300,000???

Seriously, dude....that is a lot of bucks. I hope you have enough to back up that claim, or else this might end up blowing up in your face. Just my two cents worth, of course. I just think when you start hitting them for over a quarter mil, you better be able to plead some serious case law. Again, just my opinion.

I have always thought our courts and laws were in place for us " we the people " Cap1 and these JDB are using our courts as a judgment mill ,they are not filing these lawsuits as real lawsuits . In all 4 of the lawsuits they filed they attached a copy of an agreement that matched none of the 4 accounts and then refused to give an accounting at all . It was like saying pay us this and shut up , well that's not the American way and never should be .

What I am doing may not be best for everyone , but a walk-away is not a big deal if your bankrupt anyway , for me this has been a moral issue from the beginning . I am going to try to get the arbitrator to award not 300,000 but more like 900,000 , could it happen , who knows ,but why not try . If it did work you can be sure they will change their ways . Their submitting false evidence to get my motions denied is going to help my case , and I am laying my claim out so the arbitrator will make them furnish the agreements they make with these lawyers . And last but not least is that I am having fun with this .

[trueq]

You are playing my favorite legal ax grinding card..

"I will make them pay for what they've done!"

Captain Jean-Luc Picard

I admit a little Jean-Luc in me in continuing to encourage people to beat Cap1(et. al.) with arbitration.

[bevj2]

Originally Posted by david9041

I have always thought our courts and laws were in place for us " we the people " Cap1 and these JDB are using our courts as a judgment mill ,they are not filing these lawsuits as real lawsuits . In all 4 of the lawsuits they filed they attached a copy of an agreement that matched none of the 4 accounts and then refused to give an accounting at all . It was like saying pay us this and shut up , well that's not the American way and never should be .

What I am doing may not be best for everyone , but a walk-away is not a big deal if your bankrupt anyway , for me this has been a moral issue from the beginning . I am going to try to get the arbitrator to award not 300,000 but more like 900,000 , could it happen , who knows ,but why not try . If it did work you can be sure they will change their ways . Their submitting false evidence to get my motions denied is going to help my case , and I am laying my claim out so the arbitrator will make them furnish the agreements they make with these lawyers . And last but not least is that I am having fun with this .

Totally understood. I know I speak for everyone else when I wish you the best of luck, and I really do hope you get what you're going after. I can't wait to see how this plays out, and what Crap1's response will be.

[lilq]

Let's add to this post by saying that Arbitration is a huge, and I mean huge negotiating tactic.
We offered Cap One a settlement before the trial of almost 85 percent of what we owed. And they blew us off and then proceeded to trial, probably hoping we wouldn't show up and they could get a default. Now the tables have turned and we were able to negotiate a very good settlement with them.

I have a Cap One case and I have a wonderful counterclaim against them thanks to their attorneys!!!!! So when Cap One calls to negotiate I will not pay them a penny. Why? Don't have to. I have nothing, no job, no assets and no property.
So essentially, even if they are able to get a judgement against me, they will still expend much more money and resources than I will to get absolutely no return on it in the end. So I am not going to deal.

So let's add to the scoreboard by saying that arbitration works well as a negotiating tactic for credit card companies who have never settled in the past.

[trueq]

They would not touch you when you offered 85%, now they will probably get ZERO!

Everyone I know, who has succeeded in getting the court to stay for arbitration in JAMS, has won or has gotten an offer to dismiss!!!! (those not taking the mutual dismiss, choose to grind the legal ax in hopes of winning some money!)

I CAN'T SAY IT LOUD ENOUGH. JAMS ARBITRATION EXERCISE IS A LEGITIMATE STRATEGY TO GET LEVERAGE, AND EVEN BLOW YOUR CREDITOR OUT OF THE WATER THESE DAYS!!!!

Consider it...don't take a court SJ or default judgment!

[Andyt293]

Can someone offer an example of a JAMS claim. Or maybe a few sticking points to put into such a claim?

[lilq]

Andy, trust me. It's not hard to find violations of your rights and the law when dealing with credit card companies and attorneys.

[trueq]

I can forward you a generic template of what I file, but its mostly tailored to my state law.

[trueq]

http://www.debt-consolidation-credit...28#post1044028

Let's keep it going!!!!!!