Author Topic: Being sued by Cach, LLC in Kentucky, they are represented by Taylor Law, PLLC  (Read 523 times)

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Gooberian00

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I'm trying to parse the Arbitration clause in the contract, while it does mention AAA specifically in the 2nd paragraph, the first just says a nationally recognized organization:



Quote
Arbitrations shall be conducted through a national arbitration organization with significant experience in financial and consumer disputes
(referred to as an “Administrator”). If more than one such Administrator is available to conduct a consumer credit card-related arbitration, the
Administrator shall be the one mutually agreed upon by you and us. Arbitration through an Administrator shall be conducted in accordance
with the arbitration rules and procedures of the Administrator which are applicable and in effect when the Claim is initiated (the “Arbitration
Rules”). For Arbitrations with an Administrator, the Administrator shall provide and designate a listing of potential Arbitrators to conduct the
arbitration. The Arbitrator shall be selected from the Administrator’s listing and will be the Arbitrator(s) mutually agreed upon by you and us.



If no qualified Administrator is available to conduct a consumer credit card-related arbitration, the arbitration shall proceed by an Arbitrator
without an Administrator. Arbitration without an Administrator shall be conducted in accordance with the rules and procedures of the
American Arbitration Association (“AAA”) in effect when the Claim is initiated, with the Arbitrator taking the place of the AAA therein (also,
the “Arbitration Rules”). For arbitrations without an Administrator, the Arbitrator(s) shall be mutually agreed upon by you and us.



Might JAMS be appropriate due to this language, or should I just go ahead and initiate through AAA?


I found this part interesting as well:

Quote
We will reimburse you for the initial arbitration filing fee up to $350 upon receipt of proof of payment, provided that you have initiated an
individualized proceeding in good faith and in accordance with this Agreement and provided that you have not initiated your proceeding in
concert with any other cardmember(s). All other fees will be allocated in keeping with the applicable Arbitration Rules and applicable law. We
will also advance or reimburse other fees if the Administrator or Arbitrator(s) determine there is good reason for requiring us to do so or if you
ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party’s own attorneys,
experts, witnesses, documents and other expenses, regardless of which party prevails.



« Last Edit: March 16, 2017 05:05:19 PM by Gooberian00 »

Bruno the JDB Killer

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Yeah, I'd file a case with JAMS. Let them try to weasel out of their own wording.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Gooberian00

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I have a hearing to consider the motion next Monday.  Anyone have any advice for this?

BrokeBob

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Yes.

Did you file in JAMS yet?  If not, do so.

Have something that shows you filed in JAMS.  Show to the court that you already filed in JAMS.

I am NOT speaking from experience here, but the odds of getting an MTC ruled on favorably are probably better if you have already filed.  At that point, you are just asking the court to order you to do what you have already done. 

influx773

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    the question comes up yet again------I want to use my original 2009 agreement(one I signed up with) and they changed my CC# once or twice(with amendments of course....

     Also----
               Original contract precide over state law?(now there's a legal question) 
« Last Edit: March 22, 2017 08:15:16 PM by influx773 »

BrokeBob

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in general, the agreement that was in effect at the time of default is the valid agreement.

 

credit