Author Topic: Does anyone know the general counsel address for Credit One Bank?  (Read 1178 times)

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Brunothe JDBKiller

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #15 on: January 08, 2015 07:59:24 PM »
If there is no court order requiring them to arbitrate the claim, why would or they feel any pressure to either pay for arbitration or settle?

Breach of contract, the contract THEY wrote, which says either party can elect arbitration to resolve any problem. I would love to hear them try to explain to a judge why it doesn't apply to them.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

cgoodwin

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #16 on: January 08, 2015 08:03:13 PM »
If there is no court order requiring them to arbitrate the claim, why would or they feel any pressure to either pay for arbitration or settle?

Breach of contract, the contract THEY wrote, which says either party can elect arbitration to resolve any problem. I would love to hear them try to explain to a judge why it doesn't apply to them.

That is my point, there is no judge if you go straight to arbitration as a Plaintiff with no debt counterclaim by the OC/JDB.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

head801

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #17 on: January 08, 2015 10:05:33 PM »
Thank you for all of your advice guys. I will send them an ITS just to be sporting I do not think they will do anything and then I will file in court. I will keep you guys updated with the progress.
Learning more every day and helping where I can. Just waiting to get my credit terrorist diploma. I am not a Lawyer do not confuse my babbling for leagal advice

head801

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #18 on: January 09, 2015 03:29:14 AM »
I tired to look but I did not get very far. Does anyone know the case law that says just calling them from a number does not equal consent?
Learning more every day and helping where I can. Just waiting to get my credit terrorist diploma. I am not a Lawyer do not confuse my babbling for leagal advice

howucantoo

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #19 on: January 09, 2015 03:40:55 AM »
“Thrasher-Lyon v. Illinois Farmers Insurance Co.”, 861 F. Supp. 2d 898, 905 (N.D. Ill. 2012),  if a caller's number is 'captured' by a Caller ID or an automated number identification device without notice to the telephone subscriber, the caller cannot be considered to have given an invitation or permission to receive auto dialer or prerecorded voice message calls.
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

kevinmanheim

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #20 on: January 09, 2015 12:20:42 PM »
Castro v. Green Tree Servicing, 10cv7211, 2013 WL 4105196 (S.D.N.Y., Aug. 14, 2013)

howucantoo

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #21 on: January 09, 2015 08:18:23 PM »

MARK S. MAIS et al.   v.   GULF COAST COLLECTION  BUREAU, INC., FLORIDA  UNITED RADIOLOGY, L.C., SHERIDAN ACQUISITION ASSOCIATES, P.A., ( Case No. 11-61936-Civ-Scola  SD.Fla)



I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

head801

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #22 on: January 09, 2015 10:15:31 PM »
Hey all thank you so much for your responses.  I will keep you updated
Learning more every day and helping where I can. Just waiting to get my credit terrorist diploma. I am not a Lawyer do not confuse my babbling for leagal advice

Brunothe JDBKiller

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Re: Does anyone know the general counsel address for Credit One Bank?
« Reply #23 on: January 10, 2015 02:27:17 PM »
I tired to look but I did not get very far. Does anyone know the case law that says just calling them from a number does not equal consent?


The argument they will make is that you waived that issue by accepting the terms of the contract, which you were supposed to read. Under the law, parties to an agreement can waive a known right. Here is some case law from my state. Other states may have similar.

‘‘Waiver involves an intentional relinquishment of a known right. . . . There cannot be a finding of waiver unless the party has both knowledge of the existence of the right and intention to relinquish it. . . . Waiver may be inferred from the circumstances if it is reasonable so to do. . . . Whether conduct constitutes a waiver is a question of fact.’’ (Internal quotation marks omitted.) Cassella v. Kleffke, 38 Conn. App. 340, 347,660 A.2d 378, cert. denied, 235 Conn. 905, 665 A.2d899 (1995). The issue of waiver is a question of fact, dependent on all of the surrounding circumstances and the testimony of the parties. See Frantz v. Romaine,93 Conn. App. 385, 396–97, 889 A.2d 865, cert. denied,277 Conn. 932, 896 A.2d 100 (2006).
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.