Author Topic: Sued by Cordoba & Associates on behalf of AMEX  (Read 41360 times)

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fisthardcheese

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #420 on: April 20, 2017 10:26:21 PM »
I like the flat dencline.  JAMS rules prevails. If they don't like it, they are welcome to remove JAMS from consumer agreements.

Also, I enjoy how after everything else, this is where they are suddenly concerned with costs. Only when they need to spend 2 days away from work & family are they comcerned.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Jane007

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #421 on: April 20, 2017 10:42:06 PM »
The flat decline (with kindness) is good, but if it is fairly clear that they are going full bore to the appeal hearing end, it might be a chance to get some cash.

If the AMEX attorneys have the ATM Card & Pin for AMEX's bank account, and they have a chance to expend only half as much in airfare and lodging, they might be willing to share the ATM Card. Probably not, but maybe. It might have been fun to ask before the flat decline.

BrokeBob

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #422 on: April 21, 2017 12:32:12 AM »
I am just amazed that AMEX has not pulled the rug from under this law firm. I can only speculate that they are banking on getting money from me in the future somehow, as a judgement is good to collect on for 20 years ?


This is a strategy many OCs are using now.

When faced with arbitration blowing up in their faces, they have 3 possible strategies:

1.  Remove arbitration from the contract.  Some did this.  Others are willing to put up with the hassles to prevent class action suits.

2.  Fold like they used to.  This saves money on the particular case, BUT, they see places like DB spreading the word about arb, so they want to discourage people from arbitration, so

3.  Pay through the nose and go to the bitter end.  Pay many times the debt to get a judgment, even if it cannot be enforced.

The idea is by pursuing EVERY arbitration to the bitter end, they will somehow persuade us to stop arbitrating. 


Well, I have never lost an arb, but most of mine were in the days when they would just fold, and I also always had storng counterclaims. 

I personally would be willing to go to the bitter end just to make them pay through the nose to collect from me. 

stormgrey11

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #423 on: April 21, 2017 02:40:53 PM »



Pay through the nose and go to the bitter end.  Pay many times the debt to get a judgment, even if it cannot be enforced.

The idea is by pursuing EVERY arbitration to the bitter end, they will somehow persuade us to stop arbitrating. 


I personally would be willing to go to the bitter end just to make them pay through the nose to collect from me.

Sure seems crazy the amount of money AMEX is spending.

AMEX lawyer keeps having to move the hearing date and every time  I am on a conference call with three arbitrators billing at $500 an hour,  the AMEX lawyer  is pulling money out of the AMEX ATM !
I am leaving home without it !

Bruno the JDB Killer

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #424 on: April 21, 2017 03:40:42 PM »
JAMS is getting the 1500 per hour; the AMEX lawyer may be working on a flat salary. It seems like a lot of money to us, but we don't really know how much they spend on arb every year. Over all, it is probably an insignificant amount.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BrokeBob

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #425 on: April 21, 2017 03:54:18 PM »
Exactly.

The profits these banks make are way in the billions.  A few arbs are pocket change. 

They have made a business decision that they are willing to play many times the value of a debt to collect the debt, as a way to discourage people from thinking they can get out of a debt with arbitration. 

This doesn't mean that ALL OCs will behave this way, but some will.

When I was using arb against OCs, the ones that went the longest were Amex and Discover. 

As I have mentioned, in both cases my negotiating power was increased by real violations and serious problems with the evidence. 

stormgrey11

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #426 on: May 08, 2017 10:11:48 PM »
In order to prove my TCPA claims, I asked to depose an AMEX call center agent. I only want to ask him one question: " Do you use an autodialer in your debt collection activities ?"

AMEX gave me this person as a witness to depose:

Robert J. Rebhan (born December 22, 1945) is an internationally renowned expert and speaker on financial crimes. He is known for his strong advocacy of consumer protection and privacy issues, particularly in the state of California, having worked with the California State Assembly, the Los Angeles City Council, the California Employment Development Department and the San Fernando Valley Employer Advisory Council. His work has helped establish precedent setting partnerships between the financial sector and law enforcement, and his collaborative efforts with city, state and federal entities have given consumers the necessary tools to prevent identity theft.

Rebhan served 22 years with the Los Angeles Police Department and became both a Detective and Sergeant, operating in S.W.A.T., Narcotics, Robbery, Homicide and Vice in the Hollywood Division.

While still serving with the LAPD, he was chosen by the American Express Company to direct a fraud prevention program for the western region of the United States, eventually expanding training to Europe and Latin America.

Rebhan is the Founder of the Institute for the Prevention of Financial Crimes (IPFC), an organization assisted by a council of experts in various fraud-related fields and dedicated to raising public awareness about fraud avoidance procedures.He lives in Los Angeles, California.


I guess AMEX wins on this one as it would cost me thousands to do this....oh well !


I am leaving home without it !

stormgrey11

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #427 on: May 08, 2017 11:45:49 PM »
AMEX just proposed this:

On a different topic, I wanted to know whether you would be willing to settle this matter as follows:
1.        American Express FSB will agree to dismiss its’ claim against you in this matter with prejudice.
2.       You agree to dismiss your claims against American Express FSB with prejudice.
3.       Each party executes releases as to their respective claims in this matter.


sounds good, right ?
I am leaving home without it !

BrokeBob

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #428 on: May 09, 2017 01:57:19 AM »
Looks really good.

stormgrey11

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #429 on: May 09, 2017 11:54:31 AM »
So AMEX essentially takes the judgment from my AAA case and uses it as settlement from my JAMS case.Sure shows that creditors prefer AAA over JAMS !
I am leaving home without it !

Jane007

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #430 on: May 10, 2017 10:33:25 PM »
Consider any tax considerations of a settlement. The language needs to be exceedingly explicit, something alone the lines of this:
Quote
The parties hereby agree that the settlement of the dispute related to a contest liability and was made in good faith.  As such, the excess of the original debt over the amount of the settlement shall not be considered as income and creditor shall not issue a Form 1099-C.

See: Tax Considerations in Settlement Agreements Regarding Cancellation of Debt

Suggesting this could jinx the deal. So, as always, count your chickens.

stormgrey11

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #431 on: May 10, 2017 11:02:13 PM »
I have this in there:

It is expressly understood and agreed to by and among the parties that this is a compromise of a disputed claim
 which should not be construed as an admission of liability on the part of any party.


If the debtor-taxpayer, in good faith, disputes the liability of the obligation, then a subsequent settlement of the disputed debt may not result in income, and thus, the creditor would not have to issue a Form 1099-C.

This should cover it, right ?

I am leaving home without it !

stormgrey11

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #432 on: May 22, 2017 07:53:43 PM »
So it looks like a judgement is coming my way. Due to Florida's generous exemptions, this OC will not collect very little, if anything at all.

No wages - Head of Household Exemption
No real estate - ownership as tenancy by the entirety
No bank account - ownership as tenancy by the entirety

I have to fill out a Florida Fact Information Sheet and that is where I will also state my exemptions. I am wondering if AMEX would try to collect anyway ?


Would it indeed be a FDCPA violation if AMEX would try to collect on a protected asset ?
I am leaving home without it !

CleaningUp

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #433 on: May 22, 2017 11:37:06 PM »
Sorry... But you DO have real estate interest in a tenancy by the entirety; you and the others stated in the deed SHARE the ownership  They can put a lien on you undivided equity in the property.  In some cases they can strip your entitlement and stand in your shoes as tenant in the entirety.

As for check and bank accounts, as long as your name is on them, they are fair game for attachment...all of it to the extent of the federal and state exceptions allowed.  If the other party in the tenancy wishes to push a claim, it is up to that party to establish the validity of the claim in court.


stormgrey11

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Re: Sued by Cordoba & Associates on behalf of AMEX
« Reply #434 on: May 22, 2017 11:51:23 PM »
Sorry... But you DO have real estate interest in a tenancy by the entirety; you and the others stated in the deed SHARE the ownership  They can put a lien on you undivided equity in the property.  In some cases they can strip your entitlement and stand in your shoes as tenant in the entirety.

When a married couple holds property as tenants by the entireties, each spouse is said to hold it “per tout,” meaning that each spouse holds the “whole or the entirety, and not a share, moiety, or divisible part.” Bailey v. Smith, 103 So. 833, 834 (Fla. 1925). Thus, property held by husband and wife as tenants by the entireties belongs to neither spouse individually, but each spouse is seized of the whole. Therefore, when property is held as a tenancy by the entireties, only the creditors of both the husband and the wife, jointly, may attach the property; it is not divisible on behalf of one spouse alone, and therefore it cannot be reached to satisfy the obligation of only one spouse.

As for check and bank accounts, as long as your name is on them, they are fair game for attachment...all of it to the extent of the federal and state exceptions allowed.  If the other party in the tenancy wishes to push a claim, it is up to that party to establish the validity of the claim in court.


With respect to a bank account, “as between the debtor and a third-party creditor (other than the financial institution into which the deposits have been made), if the signature card of the account does not expressly disclaim the tenancy by the entireties form of ownership, a presumption arises that a bank account titled in the names of both spouses is held as a tenancy by the entireties as long as the account is established by husband and wife in accordance with the unities of possession, interest, title, and time and with right of survivorship.” Beal Bank, SSB, 780 So. 2d at 54. As such, when these elements are satisfied, the burden of proof is on the creditor to prove by a preponderance of the evidence that a tenancy by the entireties does not exist. Id.
I am leaving home without it !