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1
I think we did use the card after it became Capital One so that's going to be a problem.  All we can do is give it a try with one of the old agreements if they would sue us?

Thank you both for your help and thank you Bruno for finding those agreements.
2
The GM Card line of consumer products was originally issued by Household Credit Services (a division of the then Household International). On March 28, 2003, HSBC acquired Household International, which was merged in 2005 with a subsidiary company that became the HSBC Finance Corp. Capital One acquired many of HSBC's U.S. credit card customers and some of its products in May 2012 for $2.6 billion and another $31.3 billion to cover the balances on the accounts transferred. The sale was tentatively announced in August 2011.


Here are a few HSBC agreements.

http://www.cardmemberagreements.org/hsbc-2/
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If you never used the card to make a new purchase after Cap1 bought the account, then I would definitely use the previous card agreement that contains arbitration.
4
Do you know for sure that it hasn't been domesticated? If it was, it's good for 5 years and can be renewed again for 5 more. I'd look that up first. That article Muddy linked to could be trouble. It's a bad idea to bank with somebody who has a judgments against you. Undoing a  judgment from 2009 may be hard to do, but you might want to see a lawyer.
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Everybody did, me included. See reply number 1.


I believe you can object to the panel.  (June 22nd)


Like you said, Bungled from the start
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We "nuts" suggested arbitration because he never said when he actually defaulted. That's for him to explore, not us. If this is time barred he has an FDCPA violation against the law firm.


The Appellate Court of Illinois, First District, recently held that a credit card agreement was an unwritten contract subject to Illinois' five-year statute of limitations, rather than its 10-year statute of limitations. Portfolio Acquisitions, L.L.C. v. Feltman, No. 1-07-3004, 2009 WL 1444791, at *8
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There are no "templates" for evidence. Documentation means just that.....anything you might have that proves you don't owe them what they claim. They will probably provide a complete record of the account.....application and  monthly statements.


The arbitrator said that since I sent them a letter "electing" arbitration with JAMS, they were right with putting me as the claiming party.


This is basically what we told you.

You should have told him to object to this nonsense instead and he would not be in this current situation.
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Bungled from the start.  If a creditor lists me as Claimaint and filed an arbitration case that I did not initiate, then I immediately send an objection and start consulting with consumer attorneys.

Think of this in terms of a court.  If a Bank listed themselves as defendant and the consumer as a plaintiff and then just added their own claims as counter claims with no claims for the plaintiff, how would this go over with the court?  That's what OP allowed to happen here.

If this were me, I would immediately request an administrative hearing to remove the arbitrator who not only allowed the case to continue, but also allowed the Bank to file the claims FOR the claimant and also chose expedited procedures when they had no right to choose that as the respondents only.  I don't expect anything to come of it, but I would file those objections and request to remove the arbitrator anyway to preserve an appeal or possible motion to toss the award should they attempt to confirm any award in court.

I would also ask to amend my claims and start filing every claim I can find against Discover, starting with the fact that they illegally filed a case in my name without my permission or knowledge.  I would also add Zwick as a Respondent and add that FDCPA claim against him and the firm too.  I would not allow this to continue only under THEIR claim they filed for me, I would start turning this into MY claims.
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There are no "templates" for evidence. Documentation means just that.....anything you might have that proves you don't owe them what they claim. They will probably provide a complete record of the account.....application and  monthly statements.


The arbitrator said that since I sent them a letter "electing" arbitration with JAMS, they were right with putting me as the claiming party.


This is basically what we told you.
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