Re: 2 or more Questions for Why Chat ( or anyone)....

Posted by Rlee (199.35.101.181) on February 10, 2004 at 22:46:34:

In Reply to: 2 or more Questions for Why Chat ( or anyone).... posted by Reformed on February 10, 2004 at 16:56:46:

Reformed, I have some information for you regarding arbitration, which I will give you at the end of this. If you sit tight and do nothing, and W & A decides to to do the arbitration thing I think they have to notify you of that. Then you should send a letter rejecting arbitration WhyChat has one of those. Then W & A will probably proceed anyway. If they get their arbitration award, which they will if they file for it, then they have to go to court file suit. You have 28 days or thereabouts to respond to the lawsuit. You do that, then submit your interrogatoreis and production of documetns requests. The courts will probably schedule a pretrial hearing, which you can go to, sit there and say nothing except you are waiting for them to answer your interrogatories, and provide proof of the debt, and the amount of the debt, with records, and original signed documets. The pretrial will resolve nothng then, and the case will be scheduled for trial. I would say if you sit tight and do nothing now this will all take probably take 4 maybe 5 or 6 months if W&A starts the ball rolling now. There is a chance that W&A will do nothing for a while also. Maybe try and move forward with arbitration then sit and do nothing. The courts are busy, things take months not weeks to go anywhere. You can also file a leave to plee giving you an extra 30 days to answer the law suit if they file one. There is 2 months there just to answer.
Myers v. MBNA America and North American Capital Corporation.
On March 20, 2001, the United States District Court for the District of Montana, in striking down defendant MBNA's motion to stay proceedings and comple arbitration, held that mandated arbitration amendment to a customers credit card agreement cannot be enforced, nor can any such agreement to arbitrate be implied from the company-customer relationship. JUDGE RULES MANDATORY ARBITRATION CLAUSE CANNOT BE ENFORCED.
I hope the time line stuff and arbitration info helps.

Rlee

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