Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Zwicker Arbitration for AmEx

Date: Wed, 02/24/2010 - 19:03

Submitted by skb1128
on Wed, 02/24/2010 - 19:03

Posts: 10 Credits: [Donate]

Total Replies: 20


How do I got about sending a letter to Zwicker and Associates for notice of election for arbitration? And how does arbitration work exactly? My google fu isn't working too well tonight.

Thanks all, especially Ozzie.


I sent you a PM. This is not the best site for arbitration discussions. Arbitration is mandatory once elected. Once elected they can't sue, but if they did in the face of the election you would have huge $ claims against the OC and the debt collector. Here's the current scoop, if you elect arbitration presuit, they can't sue and they can't arbitrate...Puts them in a box. It's a long story best read on the other site...This card is especially useful against Cap1 or other creditors that have JAMS as an option in their cardholder agreements...The arb card buys you a year or more, and stops certain defeat in court, unless you have a defense of some sort...You can elect arbitration with a simple letter to Zwicker, templates on the other site, send it Cert Mail Return Receipt Requested, for proof of mailing...The biggest benefit as I see it is it gets rid of zwicker, probably pushes it off to another debt collector and can force a reasonable settlement...Zwicker is not reasonable and likes to make threats and will sue fairly quick...


lrhall41

Submitted by maggie22 on Thu, 02/25/2010 - 06:59

( Posts: 140 | Credits: )


Quote:

Originally Posted by maggie22
I sent you a PM. This is not the best site for arbitration discussions. Arbitration is mandatory once elected. Once elected they can't sue, but if they did in the face of the election you would have huge $ claims against the OC and the debt collector. Here's the current scoop, if you elect arbitration presuit, they can't sue and they can't arbitrate...Puts them in a box. It's a long story best read on the other site...This card is especially useful against Cap1 or other creditors that have JAMS as an option in their cardholder agreements...The arb card buys you a year or more, and stops certain defeat in court, unless you have a defense of some sort...You can elect arbitration with a simple letter to Zwicker, templates on the other site, send it Cert Mail Return Receipt Requested, for proof of mailing...The biggest benefit as I see it is it gets rid of zwicker, probably pushes it off to another debt collector and can force a reasonable settlement...Zwicker is not reasonable and likes to make threats and will sue fairly quick...



i second this, zwicker & Associates is not a reasonable place to settle with, they do not give good deals at all, the best deal ive seen with them in 60% but mostly they want 80% or 100% and most of the time they cant do anything because they are located in MA.

Maggie22, its sounds like you know what youre talking about, nice to see


lrhall41

Submitted by on Thu, 02/25/2010 - 20:09

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
i second this, zwicker & Associates is not a reasonable place to settle with, they do not give good deals at all, the best deal ive seen with them in 60% but mostly they want 80% or 100% and most of the time they cant do anything because they are located in MA.

Maggie22, its sounds like you know what youre talking about, nice to see


Although their HQ is in Mass, if contacted by these bozos you should google their firm to see if they have lawyers in your state, if not they are just phising for $. Their gig is they do not present the offers to Amex, to increase their slice of the pie. The initial contact letters they send out have been found by 1 federal judge in the eastern district of new york to in essence violate the FDCPA, based on the language they use. The lawyer that sued on behalf of that consumer stated that it was just one case, and small money for zwicker to pay out...There was a $500 fine, but they also have to pay the attorneys fees based on roughly 30+ hours of his time. Gotta remember here, Zwicker sent and continues to send thousands of these letters, and the wording has remained the same. I checked mine and it's the same exact letter. Lastly they seek to deprive the consumers of their right to arbitrate, claiming it's elective, not mandatory. In this regard, they are dead wrong, the wording in the cardholder agreement is clear and precise...It's mandatory once elected and thus serves as just another breach of contract...If they got you, it's your right to have the case heard in private arbitration to save public humiliation in a courtroom...Now if you have some sort of valid defense, ie identity theft that's a different story. However, for most people struggling through this difficult economy, losing their homes, their jobs, families being broken apart, the last thing anyone wants is a court appearance wherein their gonna get smashed...I'm being sued by these bozos, they initially offered a settlement of $6500 on a balance of 13K, within a few days we were rounding up funds to try and make that work. We called back to work the numbers and they claimed that their offer was withdrawn, that the guy that made that offer had no authority, and that their offer was now $10,500 due by the following day at 2pm...They then threatened a lawsuit, and suggested we'd be better to not show up in court cause they claimed the judges in MI would somehow get us...Baloney...I can say they chose the wrong person to mess with, and I will see them in Federal court sometime soon...

Typical Amex contract has 2 forums listed for arbitration: NAF National Arbitration forum, and AAA, american arbitration association. Although you get to pick the forum, your choice, NAF is outta business and under decree of the minnesota atty general to not take credit card arbitrations or they'd be criminally prosecuted...Why? Because last summer they were found in bed with the credit card companies, Big surprise...Thus AAA is the only option...AAA will not hear Amex's claim for credit card debt, they issued a morotorium, not wanting to risk getting sued like NAF......Thus, electing arbitration presuit puts zwicker and amex in a box, they can't sue, they can't initiate arbitration...Arbitration also is an option even after they file suit...Thus, if you get sued, you can elect arbitration, the case itself still gets shut down, but sometimes a goofy judge may order the defendant to initiate...How does that work? They initiate aritration of "their" claim against the CC company, those claims will be heard, and they seek thousands in damages for violations of the FDCPA...The CC company foots the bill for everything, thousands in atty fees, arbitration fees etc...Puts them in a bad spot, and buys you probably 1 year or more, as opposed to having a court date within a few months and having a judgment entered against you, followed by wage garnishment etc...Zwicker as do most collection law firms, file thousands of lawsuits every year, and their hope is that nobody shows up in court, they get a judgment and proceed to pushing paper to collect...Even those that do show up, it's no defense that your income has dropped, or that you lost your job and or house...While maybe a judge may be sympathetic, you're still gonna lose, and for some maybe they enter into a installement plan for 5 years to payoff the entire debt...The point is, how is it OK for JOE BLOW to get 20% on a balance of 26,000 with Amex...And the rest have their offers refused and not even presented to Amex...It's simple Zwicker wants their slice of the pie, and will break all the rules of ethics to get it...including, failing to present offers to their client...Long and short, best bet is presuit arbitration to completely prevent a lawsuit...Keep in mind the window for this is limited to those already in default, and prior to the CC companies amendments wherein to do us a favor, they have all removed the arbitration stuff from the contracts...They took it out because it no longer is of any benefit to them...Sorry for the lengthy rant...


lrhall41

Submitted by maggie22 on Fri, 02/26/2010 - 06:08

( Posts: 140 | Credits: )


Absolutely awesome. However now in the last contract I saw from Amex Blue (dated 12/09), we defaulted in November if that makes any difference is that they use AAA and JAMS. IS there anything we should know about JAMS and how to handle?

Plus now that we have sent the election to arbitration letter my husband wants to know what to say on the phone to this woman from Zwicker who is calling him at work (I already said - tell her you can't get these calls at work, have her only call you at home so at least I can look up stuff like this and you aren't flying solo!)


lrhall41

Submitted by skb1128 on Fri, 02/26/2010 - 06:45

( Posts: 10 | Credits: )


JAMS is the most expensive for the creditor. Best example is let's say you have a balance with Cap1 of 8K, the fees in JAMS to get the ball slightly rolling can easily exceed 5K++++, Thus you gotta ask yourself, would you spend 5K to maybe get 3K? Nah, and for many they just mutually dismiss...As for how to handle the phone calls, I'd defer to the experts on the other site...I'm gonna take a breath and read over the amended amex contract, I have that one as well, but mine technically is naf and aaa, although some suggest using jams regardless as many lawyers are too off the ball to notice...


lrhall41

Submitted by maggie22 on Fri, 02/26/2010 - 07:58

( Posts: 140 | Credits: )


Quote:

Originally Posted by kdogmc
Hi Maggie,

I have an Amercain Express Green Card and an American Express Optima Platinum card. do both of these have arbitration agreements at this time?



Here's the thing, Obviously the CC companies are now on their heels that there arbitration scam has been uncovered. They are all removing the arbitration stuff out of their cardholder agreements. This started in early 2010, they basically sent out amendments to the cardholder agreements and it's funny they say something like: In order to make the agreement easier for all involved we have removed the arbitration provisions out...HA, to make it easier to screw the consumers...If you were already in default prior to the arbitration amendments you should be fine, and yes arbitration was specified for both your acounts...JAMS is the most expensive forum available, AAA is second and NAF is out of business because they were in bed with the CC companies and they will be charged criminally if they try and accept new arb cases...Point is, they got BUSTED...I'm not sure if i'm allowed to link other informational sites but you should go to:
creditinfocenterDOTcom Then go to forums, look for is there a lwayer in the house, then click on arbitration for full information on how to handle the unreasonable creditors and there threats of a lawsuit...


lrhall41

Submitted by maggie22 on Tue, 03/09/2010 - 08:55

( Posts: 140 | Credits: )


[COLOR=black]It seems like this is a very good discussion for my situation with Zwicker and Amex. This one guy stopped my house and gave me papers for "Arbitration Case Summons", on the front page it clearly states "This summons may not be served later than thirty (30) days after its date", on that same page it does show a date under the clerk name, which is ok and within that 30-days, but on the next page where the actual Claim document starts, there is plastic sticker with big "FILED" mark and it shows date that is now 58 days old ....... does anyone know which date it is that this 30-day rule goes by. [/COLOR]
[COLOR=black]Also, the front page, eventhough it states "Arbitration", the time and day is actual county court room .... and it got the stamp of our local Clerk of Judicial Circuit Court .... [/COLOR]
[COLOR=black]Now the most important question I have about your above discussion regarding these 2 Arbitration options ……. I also have those 2 arbitration companies listed on my Agreement, can I put them into box" with asking for arbitration by one of those 2 companies ? Or did I already lose that opportunity and now I am going to deal with local court and I am way past this Arbitration ?[/COLOR]


lrhall41

Submitted by SwimSwim on Mon, 03/29/2010 - 10:41

( Posts: 2 | Credits: )


I was sued by Zwicker on a rocket docket. I filed my answer and they dropped the ball. After not hearing from them for about 5 mos so the judge dismissed the case w/o prejudice. Zwicker filed a motion to set aside the Judgment of Dismissal. In the discussion they hinted that a more appropriate action would have been for the Court to assign it to mandatory arbitration, yet I never elected Arbitration. In Zwicker's reply, they included a formal request for Arbitration. In my response, I pointed out that according to the Rules of Civil procedure, it is my understanding that if Zwicker wanted to elect Arbitration they should have done it at the same time they filed the complaint in Arizona, in a separate motion. True? That's how I read it. I filed that on March 30 2010
I just found out that on Mar 29, 2010 the Court signed an Order "in open Court" to set aside the judgment of dismissal and, penciled in, included an order for Arbitration.
What is my best courses of action?


lrhall41

Submitted by on Thu, 04/01/2010 - 01:45

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
I was sued by Zwicker on a rocket docket. I filed my answer and they dropped the ball. After not hearing from them for about 5 mos so the judge dismissed the case w/o prejudice. Zwicker filed a motion to set aside the Judgment of Dismissal. In the discussion they hinted that a more appropriate action would have been for the Court to assign it to mandatory arbitration, yet I never elected Arbitration. In Zwicker's reply, they included a formal request for Arbitration. In my response, I pointed out that according to the Rules of Civil procedure, it is my understanding that if Zwicker wanted to elect Arbitration they should have done it at the same time they filed the complaint in Arizona, in a separate motion. True? That's how I read it. I filed that on March 30 2010
I just found out that on Mar 29, 2010 the Court signed an Order "in open Court" to set aside the judgment of dismissal and, penciled in, included an order for Arbitration.
What is my best courses of action?


[Entry made to track responses]

What are my options for Counterclaim or Countersuit.

Part of my suit would be the fact that Zwicker is also a collection agency and I was getting calls from the collection agency too. I told them to stop calling me because they were already suing me.

They didn't stop and in fact, they put the calls on an automatic dialer, which I understand is against Federal Law, with a penalty of $1,500 per incident. I logged every call and recorded most of them (it was on my voicemail). I have over 85 calls logged, over 60 after I told them not to call anymore.

What is the possibility of including emotional stress compounding physical [somatization] ailments also?

As I go into Arbitration, should I file now with the Court, or should I wait until Arbitration begins and inform the Arbitrator?

Thanks
FXT


lrhall41

Submitted by Francis Xavier Torelli on Thu, 04/01/2010 - 04:14

( Posts: | Credits: )


i have to write an "Answer" and "Appearance" letter for arbitration to my court in Arizona, do you have a sample letter available i have no clue what to say my wife is being sued by Citi bank on her $15,000 CC debt, i read here that if i elect arbitration it will bog down the attorney who is trying to sue me.. is this true


lrhall41

Submitted by mybakery on Sun, 08/01/2010 - 18:55

( Posts: | Credits: )


Arbitration is a currently a powerful consumer weapon. You need to know how to use it and it's not the same as court ordered arbitration which is a loser. This site doesn't have the info and I'd suggest 2 other sites, one is ccarbitrationDOT com and the other is debtorboardsDotcom. I've pulled the Arb card twice, 1 with Cap1 and they voluntarily dismissed the lawsuit post suit but preservice. Now they can't sue and will not arbitrate becuase it costs them thousands to go that route and they can't recover those costs. The other was pulled yesterday, post suit and only days before trial and now thanks to our arbitration election it's off the docket:D


lrhall41

Submitted by maggie22 on Fri, 08/06/2010 - 10:19

( Posts: 140 | Credits: )


Hello all,

I have about 8 credit cards with $40,000 debt. Last payment was about May or June of 2011. Got a settlement offer from American Express for $3,000+ on a $6,000 balance in June of 2012. Still couldn't afford to pay it off, and now I'm being sued by Zwicker for the full amount plus attorney fees. Was planning on saving up enough to pay off the $3,000 in a couple of months, does anyone know how to start settlement talks with AMEX while the lawsuit is still in the court? I want to be able to reach a payment plan with AMEX so Zwicker can drop the lawsuit. I haven't talked to anyone from AMEX since July of 2011 when they wouldn't even offer a hardship plan, just more pressure to pay it all off. I read the previous posts and saw something about arbitration? What is that and how does it work? Thanks to everyone for helping to make this tough time a little easier~


lrhall41

Submitted by on Mon, 08/20/2012 - 21:28

( Posts: | Credits: )