Author Topic: Arb with Major Bank  (Read 659 times)

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freedy

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Re: Arb with Major Bank
« Reply #15 on: November 07, 2017 10:16:37 PM »
An Email has been received by the Law firm representing the Major Bank.

Lawyer wants to know when he can call to discuss the case .

Answer was calls are inconvenient ,any questions please put in an email or letter .

Any ideas from our readers ?

CleaningUp

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Re: Arb with Major Bank
« Reply #16 on: November 07, 2017 11:43:22 PM »
Yea...E-mail him back and tell him you will participate in a call.

The arbitrator isn't going to be too pleased with you ducking reasonable requests for discussion by the other side.  You are expected to be both reasonable and cooperative.

Remember, if you get on the wrong side of the arbitrator , you may well lose the benefits of any doubt that arise.

freedy

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Re: Arb with Major Bank
« Reply #17 on: November 08, 2017 12:01:13 AM »
Not in arb yet and no fees paid to jams yet

hamsalad

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Re: Arb with Major Bank
« Reply #18 on: November 08, 2017 10:44:53 PM »
If you're comfortable on the phone, then do it.

But, remember, lawyers are trained to try and trip you up and are usually skilled at oral communication.

While I certainly have no issue in phone calls, email is my preferred method.  It allows me to think about what they've stated or asked.  It allows me to formulate my response, address any case law that may be pertinent and, importantly, provides a written record of what's been said by both sides, if the need arises for it later.
"One simply sues when federal laws are violated."

CleaningUp

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Re: Arb with Major Bank
« Reply #19 on: November 08, 2017 11:02:32 PM »
I would certainly e-mail any opposition attorney a summary of the discussion and a listing of any actions/decisions that stem from that conversation.

Note, too, that that summary will serve as a record if a dispute as to what was said ensues.


freedy

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Re: Arb with Major Bank
« Reply #20 on: November 13, 2017 10:55:47 PM »
So , I have received a Commencement of Consumer Arb. (guess they paid)

Listed a list of available Arbitrators .

Some guidance would be helpful

kevinmanheim

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Re: Arb with Major Bank
« Reply #21 on: November 14, 2017 07:24:33 AM »
Research the bios of your choices. Look for arbitrators who do pro bono work. Rank them first.
Strike the ones who seem pro business.

Send your list to JAMS on the last day they give you to send it. Don't copy the other side on your choices.

Next, JAMS will put the arbitrator in place. The OC will then get a bigger bill from JAMS. If they pay it, a phone call will be scheduled with you, the OC and the arbitrator. On that call, the arbitrator will schedule the hearing. Before the hearing can happen, the OC will receive a big bill from JAMS.

freedy

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Re: Arb with Major Bank
« Reply #22 on: November 14, 2017 11:52:53 AM »
I would assume some banks are going the distance these days.
Seems to me that settlement is cheaper , but they may want to teach us
consumers a lesson.

kevinmanheim

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Re: Arb with Major Bank
« Reply #23 on: November 14, 2017 02:09:16 PM »
According to other DB members, most OCs pay the first JAMS fee. Like they did in your case.

Most OCs then settle before the hearing.

freedy

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Re: Arb with Major Bank
« Reply #24 on: November 14, 2017 02:27:14 PM »
Thanks , in selecting the Arbs any ideas on how to strike out ? I notice all the
arbs are Esq.s, and Judges (ret).

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Arb with Major Bank
« Reply #25 on: November 14, 2017 05:47:19 PM »
Thanks , in selecting the Arbs any ideas on how to strike out ? I notice all the
arbs are Esq.s, and Judges (ret).

Read the information and instructions JAMS sent along with the names of the arbitrators.
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)

freedy

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Re: Arb with Major Bank
« Reply #26 on: November 14, 2017 09:50:30 PM »
An em arrives from the attorney representing the Major bank.

Ask ,, we would like to understand your problem .

This is after the letter arrives for the strike list for the Arbs.

Any suggestions would help

CleaningUp

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Re: Arb with Major Bank
« Reply #27 on: November 14, 2017 11:44:26 PM »
At some point in the process, you are going to HAVE to outline the dispute.  You better be prepared to to do so. 

When the best time to do this will vary based on what your complaint might be.


kevinmanheim

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Re: Arb with Major Bank
« Reply #28 on: November 15, 2017 09:44:53 AM »
The email from their attorney is a fishing expedition.

They already have a good idea of what the dispute is about.

They are trying to find out if YOU have a good idea of what it takes to pursue your claims in arb.

If it were me, I would respond with --

"Thanks for your email, Mr. Smith.

I will elucidate my claims pursuant to JAMS rules."


Let them chew on that over the Thanksgiving holiday.  ;D

freedy

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Re: Arb with Major Bank
« Reply #29 on: November 16, 2017 12:40:56 PM »
Sent the em to the attorney . We'll see what the next move it on their part .


 

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