Author Topic: Cabela's Visa Card  (Read 652 times)

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xtroublex

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Cabela's Visa Card
« on: January 14, 2013 03:37:23 PM »
Got a summons for WFB Cabela's Visa Card. Amt less than 4k. Cannot find an agreement that has a arbitration clause. Does anyone have one?

Also, I have records of debt validation requests back in March of 2012. The "validation that was sent was a single page on Asset Acceptance letterhead with name address amount and last 4 of SS#.

I did not feel that it was valid as I could have made that up on any PC. Can anyone give thoughts on if this would be acceptable by a court?

This forum helped me with my Cap1 Battle, I hope to have similar success with Asset Acceptance and FF&G.


MrSev

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Re: Cabela's Visa Card
« Reply #1 on: January 14, 2013 04:04:03 PM »
As "validation", that affidavit may comply, since the bar is ridiculously low, so that may be good enough to avoid an FDCPA violation on their part.

However, it is completely useless as any sort of proof of a valid assignment of the alleged debt. You never opened an Asset Acceptance credit card, so their business records are inadmissible hearsay. They'd need Cabela's records, sworn to by a Cabela's record keeper. (well, whatever bank actually issued the card, not Cabela's, of course)

Junk debt buyers are (usually) far easier to beat than original creditors like Cap1, since they rarely have the original records they need to prove they actually own the debt now. If they can't prove they own it, they have no standing to sue = case dismissed and an FDCPA violation for you to sue the JDB over in Federal court.

xtroublex

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Re: Cabela's Visa Card
« Reply #2 on: January 14, 2013 04:48:57 PM »
Discovered something interesting. I cannot find a cabelas CC agreement with an arb clause... BUT I found the arb clause in their PRIVACY agreement for Terms and Conditions for the use of Cabela's CLUB Visa Online Member Services (the “Member Services”).

Could this be considered as applicable?

11.   Disputes
In the event of a dispute arising under or relating in any way to this Agreement or to the
Member Services provided under this Agreement, you and we agree to resolve this
dispute by looking to the terms of this Agreement. If there is a conflict between what one
of our employees says and the terms of this Agreement, the terms of this Agreement
shall control.


12.   Binding Arbitration
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING
NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS
AGREEMENT, OR TO THE MEMBER SERVICES ("CLAIM"), REGARDLESS OF THE
NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR
INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY
BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS
THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS,
INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO
TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR
WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO
LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU
FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR
OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A
PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE
EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A
CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN
ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY. IF THE
PRECEDING SENTENCE IS NOT ENFORCED FOR ANY REASON, THEN YOU
AGREE THAT IN SUCH CASE ANY CLASS DISPUTE WILL NOT BE RESOLVED
THROUGH ARBITRATION.

kevinmanheim

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Re: Cabela's Visa Card
« Reply #3 on: January 14, 2013 05:30:09 PM »
I would file a MTC arb, and cite that agreement.

It will be up to them to say that the agreement doesn't apply. That's a difficult choice for them to make, and I don't think they would do it.

xtroublex

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Re: Cabela's Visa Card
« Reply #4 on: January 15, 2013 01:49:30 PM »
Why would it be hard for them?

kevinmanheim

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Re: Cabela's Visa Card
« Reply #5 on: January 15, 2013 01:53:48 PM »
Why would it be hard for them?
They would need to produce a witness from the company to testify about the arb clause.