Pulling the arbitration card, Scoreboard....

[trueq]

http://www.debt-consolidation-credit...7&postcount=32

Yours truly is close to wrapping his Cap1 issue up as well!

[PERRYMASON]

Would someone be able to comment on this idea; NAF was bound as dispute venue in an agreement with FIA and now, as well-known, they do not handle anymore disputes. Did they not slam the door on FIA taking this to court? Filing a suit would be in violation of the agreement.? Right? I am thinking that they are violating FDCPA by the mere act of filing a suit and each action to serve it constitutes a separate event. Cardholder. perhaps, preferred the arbitration route so as to avoid public embarrassment and humiliation since they are handled in private.

[trueq]

exercising of that contract language, it could be difficult to prove the lawsuit violates the FDCPA.

Courts say filing the collection lawsuit itself is not an FDCPA violation. Making it stick that the contract language makes it a violation when its merely an option for dispute resolution in the contract, may be difficult. You would have to prove arbitration is mandatory, without notice, and prove court is not a choice for the lawsuit.

If you have provided "Notice of election" of arbitration to other side...pre-suit...then you have a much better argument. AT THIS POINT YOU HAVE CUT OFF THE COURT ROUTE AND IF THERE IS A DISPUTE, ARBITRATION IS MANDATORY. In this casem court is not a choice because the contract provides for the consumer to make that choice for the bank.

CAUTION

Recent NCLC cases with NAF only clauses have been found unenforcable against consumers, however much of this case law has to do with past NAF awards being unwond and done away with...the idea of consumer forcing NAF only arbitration is untested.

Given, that its a unilateral contract, and the drafter now HATES the language and circumstance, the court may be less likely to render it unenforcable and go for the idea of a mutually agreed on alternate arbitration forum. However, one needs to be careful of judge appointing arbitrator for you under Section 5 of FAA. Read NCLC briefing on this issue.

http://www.consumerlaw.org/naf/nclc-...g-2009-web.pdf

[Recovering Attorney]

David, I'd like to know what theories of recovery you allege and what your proof is.

[david9041]

Originally Posted by Recovering Attorney

David, I'd like to know what theories of recovery you allege and what your proof is.

Raised it to 300,000 to get the COMPREHENSIVE ARBITRATION , Had the Arbitrator I wanted , but Cap1 wanted a local Arbitrator , so now we are selecting one from JAMS Atlanta office , the hold up is good because the Judge is dragging his feet on my Contempt Of Court and Fraud upon the Court Motions , and I want those for my case , I can prove Cap1 willingly submitted Falsified Documents to the Court to have my Motion To Quash denied , and submitted evidence that had no bearing on the case to have my Motion to Dismiss denied , I want to show that they are using our Courts to harass and obtain judgments
by presenting Sham Pleadings . And their acts of Ambush won't help their case to much either .

I am starting to think like Cap1 " what's proof got to do with it "

I'm not to sure I know what you mean by " theories of recovery " I guess I don't need those , I'm acting Pro Se and I think Pro Se is French for " most likely won't be no recovery "

[trueq]

for settlement after sending letter to elect arbitration!!!!!

http://www.debt-consolidation-credit...98#post1046898

This is power!!

Wow!

[david9041]

Originally Posted by trueq

for settlement after sending letter to elect arbitration!!!!!

http://www.debt-consolidation-credit...98#post1046898

This is power!!

Wow!

It seems to keep getting better and better , Lindsey has been helping me today on the information to file with AAA , how much cheaper is AAA than JAMS for the entire process ? I just want to have them fighting on two fronts so to speak . Even though Lindsey acts like she is trying to be helpful I am sure she is trying to figure a way to pull it into the JAMS claim , but I feel she is a good lawyer , and way , way smarter , but I have this site , that's like having a pair of A's in the hole .

[trueq]

She is not helping you, she is helping her client.

AAA, arbitrators, more or less, get a flat fee no matter how long it takes under consumer rules. (There are rules to extend their compensation for complicated matters.)

JAMS is much more expensive! Arbitrator gets paid $500/hour no matter how long it takes.

A JAMS arbitration will cost, easily $10,000-$15,000 in fees.

While AAA will likely cost less, a total war arbitration could get to that range in cost, but its much less likely than JAMS.

Cap1 knows AAA is cheaper, don't let her steer you to AAA. She has NO power to decide, you got the power!

TrueQ Gem: "You get the arbitration they pay for"

Make it the higher quality, more expensive one!

You are really warring on these guys well. Congrats!

[david9041]

Originally Posted by trueq

She is not helping you, she is helping her client.

AAA, arbitrators, more or less, get a flat fee no matter how long it takes under consumer rules. (There are rules to extend their compensation for complicated matters.)

JAMS is much more expensive! Arbitrator gets paid $500/hour no matter how long it takes.

A JAMS arbitration will cost, easily $10,000-$15,000 in fees.

While AAA will likely cost less, a total war arbitration could get to that range in cost, but its much less likely than JAMS.

Cap1 knows AAA is cheaper, don't let her steer you to AAA. She has NO power to decide, you got the power!

TrueQ Gem: "You get the arbitration they pay for"

Make it the higher quality, more expensive one!

You are really warring on these guys well. Congrats!

I may talk the AAA route and then change it to JAMS and pick Vegas this time , I like being in charge of the party and Cap1 covering the cost , I just did not want to get two JAMS cases so close together , and I wanted to see how AAA works . But it would be fun to switch over at the last minute to , its nice to shop for the most expensive and Cap1 deserves nothing but the best .

[trueq]

Splicing the forums gives Cap1 less of an opprtunity to attempt to join and consolidate the accounts into one arbitration.

[MG05]

Originally Posted by trueq

Splicing the forums gives Cap1 less of an opprtunity to attempt to join and consolidate the accounts into one arbitration.

Remember she is the enemy ... her sole purpose is to mitigate the costs for Cap 1 in arbitration. If she can walk you off the bridge she will … that is a litigator’s job! Remember a whiskey glass and a woman’s as_ will make a fool out of you each time! JAMS and the expense of arbitration is the only thing that combats the greed of these companies!

[trueq]

this has been so successful for the consumer...I've officially lost track of the wins.

I got people emailing me out of the blue, who never posted here, and I have no idea who they are, telling me they won exercising the arbitrartion clause.

So if I did not post your success story here, please post it on your own if your are comfortable.

Thank you.

I also need to "cool down" a little bit because I have resolved my JAMS differences with my favorite bank. That's about all I can say, but I'm sure there are many fine posters here who will draw the right conclusions.

[PERRYMASON]

and done by collection attorney, too...


The agreement between the parties provides for arbitration before JAMS. If JAMS is unable or unwilling to provide the arbitration, FIA may substitute another nation arbitration organization with similar procedures. FIA does not plead or argue that JAMS was unwilling or unable to provide for the arbitration provided for by the credit card agreement. FIA made a unilateral decision to submit the dispute to arbitration before NAF.

FIA had the option of submitting the dispute with DiLorenzo to arbitration. It did not have the option to submit the dispute to arbitration before NAF unless JAMS was unwilling or unable to provide for the arbitration.

The arbitrator who issued the award clearly exceeded his authority since he never had authority to hear this action in the first instance. Where an arbitrator exceeds his or her authority, the award must be vacated. 187 Concourse Associates v. Fishman, 399 F.3d 524 (2nd Cir. 2005).

Therefore, the application to confirm the award of the arbitrator is denied. The award is vacated. The special proceeding is dismissed.

SO ORDERED.

[Andyt293]

Long and short of things. Walked away from several credit cards because of their predatory tactics (BS fees and overnight skyrocketing APR increases). Read MG05's and TrueQ's arbitration approach.

Sent notice of election of arbitration to every credit card company. In my letter I put each company on notice that in addition to the arbitration election, the letter constituted a telephone communication cease and desist. I further noted that the particulars of my letter were binding not only on the original creditor, but upon their assigns as well.

Waited for the phone calls from the collection agencies to start. When I received one, I would politely express my desire for arbitration in the matter and explain that they were calling my cell phone in violation of my cease and desist letter.

That's when the harassment and abuse would start. I was accused of being a scammer, that I was trying to delay, that I validated my debt when I used the card, you name it.

I promptly faxed a DV letter with an arbitration election clause to each CA. I also prepared a proposed civil complaint along with a demand letter that I faxed to the collection agency. In my complaint, I used the address of their respective registered agents to show that I was serious in my intent to sue.

I received phone calls from three different attorneys within 24 hours of my faxing my letters. As soon as I brought up arbitration, an offer of settlement was made. Yesterday, I received three checks totaling $2450 in the mail.

Due to the non-disclosure agreements I signed I cannot reveal the names of the credit card companies or the collection agencies. However, I can tell you that this process works.

Things to keep in mind if you go this route. Keep your letters simple and to the point. Know the basis of the violations you are citing and keep good notes. This way, when the attorney calls, you can discuss the matter in a professional manner. The way you talk to the attorney on the phone is a good indication of how you will present yourself in court. Accordingly, if you present yourself as knowledgeable and confident, the better your chances of convincing the attorney that they will have a battle on their hands and are better off settling.

Good luck,

[trueq]

This is impressive! Wow!!!!!

Don't you look forward to being "violated" in the future?

[MG05]

Thanks Andy … Glad things worked out for you and hope you can use that cash! I have been using the arbitration strategy for months now and I have to admit my life has been easy. I have no cases open and the one major case resolved itself without issue and extremely to my satisfaction. All I can say is arbitration post NAF debacle is truly the ticket. I can’t thank Trueq enough for working up this idea. He took lots of flack from people on this site and even me at times but he stuck to his guns!

Arbitration works and it kills the JDB immediately if you initiate pre-lawsuit at first dunning letter from local attorney. Think about it as the neutralizer to local court … if the JDB refuses to pay arbitration he can’t sue in local court and if he does … you have his nut sack with counterclaims and improper venue. AAA will even refund your $125.00 if the JDB fails to pay his portion. Nice watching their own agreement bite them in the butt!

[lilq]

Originally Posted by MG05

Thanks Andy … Glad things worked out for you and hope you can use that cash! I have been using the arbitration strategy for months now and I have to admit my life has been easy. I have no cases open and the one major case resolved itself without issue and extremely to my satisfaction. All I can say is arbitration post NAF debacle is truly the ticket. I can’t thank Trueq enough for working up this idea. He took lots of flack from people on this site and even me at times but he stuck to his guns!

Arbitration works and it kills the JDB immediately if you initiate pre-lawsuit at first dunning letter from local attorney. Think about it as the neutralizer to local court … if the JDB refuses to pay arbitration he can’t sue in local court and if he does … you have his nut sack with counterclaims and improper venue. AAA will even refund your $125.00 if the JDB fails to pay his portion. Nice watching their own agreement bite them in the butt!

this is funny MG, because my husband and I were talking on the phone about how many of us are on the ground floor of arbitration thanks to TRUEQ.

And what's funny is we came on this site not knowing what to do about being sued and happened upon these posts from a CRAZY MAN and the more we read, the more we thought, "I think this man may be a genius." And he did take a lot of flack on this site and sometimes I even wondered if I was doing the right thing, (One minute I was confident, the next scared out of my head) but I just couldn't see how it could be any worse than having our wages garnished, so I took a chance on him, and I have never looked back.

So far, arbitration has worked for me. Of course, they will figure out new ways to torture us, but for now, we have scored a victory and with the people from AA (not including myself) I think they will figure out new and diabolical ways to make this thing keep working.

TRUEQ, a crazy genius!!! Thank God for him.

[MG05]

I think that the majority of the moderators and older posters don’t see the benefit of arbitration and the sad part is arbitration really works. If you look at the AA, we have a group of people that have all won cases through arbitration. Some of these cases were truly slam dunks in court for a summary judgment and they were blown out of the water. All of the JDB’s that have come my way have walked away never to be heard from again … so what if they sell the debt … I will arbitrate on anyone who attempts to collect any debt from me. Shame not everyone uses this!!!

[BrokeBob]

In many cases, the value of arbitration has been the lawsuits NOT filed. In fact, that may be the greatest value.


I know of a number of cases in which people on this forum have used trueq's strategy of DV letters with election of arbitration, or else sending an arbitration election letter to the OC. None of those has yet resulted in a lawsuit.

However, I have been THREATENED with a suit TWICE after electing arbitration TWICE with Discover; once by Discover, and the other by a Milwaukee law firm/ collection agency (Kohn). It will be interesting to see how that plays out. I may just have to use the MG05 strategy of a pre-emptive arbitration, since that was a clear FDCPA violation.

[MG05]

Your 100% correct: "In many cases, the value of arbitration has been the lawsuits NOT filed. In fact, that may be the greatest value".