Bank Dispute Arbitration Steps

Summary

The bank hiring an attorney doesnt necessarily indicate a strong case. Follow arbitration agreement procedures by sending all notices via certified mail and adhering to the 30-day response period from the original notice date.

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I have a question. I sent a demand for payment letter to my bank violating regulation E. I received an email today from an attorney the bank hired to handle the dispute. Is it good possibility they believe I have a good case
Hello ****. The bank hiring an attorney doesn't necessarily indicate they believe you have a strong case. It's a common practice for businesses to involve legal professionals in disputes. They might just be ensuring they follow the correct legal procedures.
Now that I have received an email what are my next steps
Your next steps could be:
- Review the email carefully.
- Consult with your attorney.
- Respond to the email professionally.
- Document all interactions.
Please note this is general advice and the exact steps may depend on your location and the details of the case.
Is there any way I can get some information on if I followed procedures correctly according to an arbitration agreement as far as the steps I’ve taken
Sure ****, I'd be happy to help you with that. Could you please provide me with more details about the arbitration agreement and the steps that you've taken so far? Also, could you let me know where you're located? Arbitration procedures can vary depending on jurisdiction.
This is in our agreement. *.* Notice and Process A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice“). Credit Karma’s address for Notice is: Credit Karma, LLC, * Broadway, Suite *, Oakland, CA *, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). You and Credit Karma agree to use good faith efforts to resolve the claim directly, but if you and Credit Karma do not reach an agreement to do so within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Credit Karma must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings, including any exchanged materials, shall be confidential and you and Credit Karma agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution. I sent my first letter on */* and incorrectly gave them 14 days to respond so on */* I sent another letter giving them 30 days but then I realized I’d be giving them an extra * weeks so I sent a third letter on */* and told them I’d be taking them to arbitration calculating the days from my first letter so instead of 30 days from */* I said 30 days from */*
Based on the provided arbitration agreement:
- You correctly sent a written notice by certified mail.
- You described the claim and sought specific relief.
- You gave them 30 days to respond.
However, you should have stuck to the 30 days from the original notice date (*/*) rather than adjusting it in later correspondences.
This is what I said . am writing regarding my previous letters dated May *, *, and June *, *, concerning the disputes under Dispute IDs: *, *, *, *, and *. In my initial May 20th demand letter, I inadvertently provided a *-day period for Credit Karma to respond, rather than the full *-day period required under Section *.* of our agreement for attempting resolution before initiating arbitration. While my June 4th letter aimed to correct this by providing a new *-day notice, to properly comply with Section *.*, Credit Karma should have been afforded the complete *-day resolution period starting from the date of my original May 20th demand letter. Therefore, I request that Credit Karma acknowledge and confirm that it will be provided the full *-day period from May *, *, through June *, *, to attempt to resolve these disputes before I proceed with initiating binding arbitration. I sincerely wish to resolve this matter amicably during this *-day window. However, if we are unable to reach a resolution by June *, *, I will promptly file a request for binding arbitration with the American Arbitration Association on June *, *, pursuant to Section *.* of our agreement.
Based on the information provided, you have correctly followed the procedures stipulated in Section *.* of the agreement:
- Written notice was sent by certified mail.
- The claim was described and specific relief was sought.
- A *-day period for response was provided from the original notice date (May *, *).
- Intent to initiate arbitration if unresolved by June *, * was clearly stated.
What if I’ve only sent the */* letter certified
Based on the agreement, the written notice should be sent by certified mail. If only the */* letter was sent certified, it may not fully comply with the agreement's notice requirement. However, this may depend on specific local laws and regulations.
So I should send the other * letters
Yes, to comply with the agreement, you should send all letters via certified mail. This ensures there's a record of delivery and receipt, which may be important in your case.
Do I have to send separate or can it be in one letter
To fully comply with the agreement, it would be best to send the letters separately. This helps to maintain clear records of each correspondence, should they be required for reference later.