Guys, Do you remember when that arbitration agreement came out with your Providian card ? I don't recall signing sh^t. The last time I used my card was in the end of 99. If you know when you got those agreements please post. Thanks.
edoggie, I also remember that crappy paper insert stating this but for the life of me I can't pinpoint when they came out. If I do recall the thing stated that unless you notify them you are not acceptable of the terms then the crappy arbitration thing is binding and agreeable by you and them. I also had a card back in 98 and it got charged off the later part of 2000., now if that is correct I can't for the life of me understand why Providian's lawyer's 2 weeks ago didn't bring this up when they settled my suit against them. They didn't mention anything about arbitration and I might add their attorney was also pretty knowledgeable about the FCRA, FCBA etc... When I requested validation from Providian they did send me every possible paperwork associated with the account. I mean they had the signed contract, all of the statements, even ones they didn't send me after chargeoff, all the inserts. I mean the account was totally validated in my opinion. From looking through my validation packet they sent me I found an insert but no listing is on there about arbitration. I feel very uneasy about this whole arbitration thing that seems to be the norm these days. I have a gut feeling in the future, credit repair is going to be that much harder!! I mean more then half of all my deletions were made by filing lawsuits, how are you gonna do that when you now have this arbitration thing. File arbitration??? Yeah...they'll laugh at that one, why do you think they are the one's adding it! Tac
Tac, I was just asking because a bottom feeder bought my account. It's past the SOL anyway. I'm wondering if that arbitration thing applied to me. I never got any insert or signed anything. The DOLA was in late 99. According to LizardKing's post, this agreement was dated in March of 2001 so I don't think I should sweat the issue.
One thing most people are forgetting is that arbitration is not the end of the road. The arbitration award still has to be reduced to a judgment and that is their Achilles heel.
I remember reading that also. It come out in the Spring of 2002(I'm almost positive), but the exact date is hazy....... Hope this helps!
Bill, Really, how hard do you think it would be for them to sue and get a judgement based on that, meaning arbitrator's decision? Especially since in any contract I read it said it was binding. Not too much work if you ask me and they really want their money! Tac
Well, I have to agree with that. Not hard at all. Now then, since a judgment that was obtained without a competent witness to personally testify that he had first hand knowledge of the debt present in the courtroom when the judgment was granted how hard do you think it would be to have it vacated as a void judgment? Rendition of default judgment requires production of proof as to amount of unliquidated damages. and when the face of the judgment roll shows judgment on pleadings without evidence as to amount of unliquidated damages then judgment is void. Reed v. Scott, Okla., 820 P.2d 445, 20 A.L..R. 5th 913 (1991) So now then, what is that judgment going to be worth? Nada? Zip? Zilch? Zero? Nothing?
