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  #1  
Old 02-18-2007, 11:56 AM
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Join Date: Feb 2007
Posts: 3

Credit Card Interest Charged on Arbitration Award - Ruined Credit


I disputed a Discover credit card transaction (appx $8000) in 2005. It went to binding arbitration. I won the total award disputed plus a modest $35 for fees.

There were no other transactions before or after the disputed transaction. Since the time the dispute was filed, the credit card company has added interest and fees based upon the original disputed transaction amount.

After the award, the Discover's attorney told me (over the phone) that I owed the interest on the amount. Since the award, they have sent me no corresponce whatsoever. What citations can I use to argue thay I do not owe interest or late fees ? (let alone get them to honor the arbitration judgement)?

I just checked my annual credit report. Now, my credit is ruined since the credit card has reported a bad debt for the total amount plus interest (now a balace of appx $9500+).

According to the credit report, the amount is shown to have been written off as a bad debt . I assume they have attempted to write this of as an expense on their federal tax returns, which may be in violation of IRS tax regulations concerning judicial awards. Additionally, the credit card company has still not paid any funds to me for pre-paid sums nor attorney fees that were also awarded to me as part of the arbitration award. The Discover account is now closed.

What can I do? Are there any citations or recourse I can use to support my position?What is the name of your state?
  #2  
Old 02-18-2007, 03:07 PM
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Join Date: Jul 2005
Location: Missouri
Posts: 3,802
Quote:
Originally Posted by kingstonite View Post
What can I do?
Talk to them; write to them; talk to their attorney; write to their attorney; talk to your attorney; dispute the trade line with the credit bureau; not dispute the trade line with the credit bureau; bend over and take it. Pick one or more.

Quote:
Originally Posted by kingstonite View Post
Are there any citations or recourse I can use to support my position?
Place hands on ground or sturdy chair and feet slightly wider than shoulder width and bend at waist -- that should help support your position.

On serious note, if their attorney ignored you, you have no choice but to talk to an attorney.
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Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope.

Quote:
OP needs counseling...not a court house. --Zigner
  #3  
Old 02-19-2007, 12:36 PM
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Join Date: Feb 2007
Posts: 3
Thumbs down

I am in the process of writing Experion, Equifax, and TransUnion to get the credit report corrected. That is obvious to me.

Dialog with the Discover attorney has be futile. Sound like a great idea but in reality it takes two to communicate. We are beyond the stage to mediate.

To simply "consult an attorney" is not what I am asking. When I have done such, have found that I get lip service, a large initial consult bill, and nothing gets done because either:
1] It is not worth their while;
2] The amounts at stake are not worth incurring costs with attorney fee's that could add up to over $10,000. A little impractical don't you think?

Therefore, I am looking for some sort of citations, precedence, or other recourse to concisely support my position. I understand procedure (just follow the local court rules). I know that I can go Pro Se to local Superior court (or small claims court?) to get a Summary Judgment using the arbitration Award, arbitration Rules, and Card Holders Agreement.

However, I assume if I were to go Pro Se, Discover would likely argue improper service (typical), or long arm jurisdiction (if they even responded to Service, discovery tools, and a subsequent Note for Motion Docket).
[note: I have sufficient documentation to easily establish jurisdiction venue successfully. The opposing party would likely only use this as a tactic to delay the matter in an attempt to up my attorney fees (if not pro se) and frustrate the process (wear me down).]

I need some language or direction that would be effective in bringing quick closure to my case. I cannot afford to subscribe to LexisNexis so I was hoping this forum my have some help.
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