Re: Need to file an answer

Posted by Drew (24.59.27.46) on December 17, 2003 at 15:03:38:

In Reply to: Re: Need to file an answer posted by WHY CHAT on December 17, 2003 at 14:38:45:

The credit card application allowing arbitration is a "contract of adhesion"and has been ruled invalid if the debtor refuses arbitration. ++++++++++++++++++++++++++++++++++++++++++++++++

One question here if you don't mind. When does a debtor have to refuse arbitration in order for it to be valid. Many credit cards are including arbitration notices as part of their contract revisions and they are putting a notice there that you have to contact them by phone or in writing to refuse arbitration within a certain period of time (usually thirty days). If you refuse arbitration during this period of time, they as the business have the right to terminate your account and you then become responsible for the outstanding balance due. If you use the credit card in that time and ratify the agreement for arbitration by not notifying them in writing or by continuing to use the credit cards, do you still have the legal right to refuse arbitration?

How so and do you have case law?

Many a thanks.

Drew

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