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Intent to Arbitrate Notice to Comenity. Is this correct format?

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Comenity requires a "notice of claim" be sent prior to arbitration, with a 30 day window to settle. Notice has to state the claim and relief sought.

 

Here is what I have prepared. Is this correct format, or no?

 

 

--------------------------

RE:          Notice of Intent to Arbitrate / Settlement Offer

              HSN Account #578097XXXXXXXXXX

 

This letter serves as formal notice of my intention to seek arbitration per the terms of my Comenity Bank/HSN account. This notice satisfies Section B., Notice and Cure, of the credit card agreement offered by Comenity Bank/HSN, which is enforceable by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”).

 

I.                    Nature of Claim

 

 

A.      I have disputed, on several occasions, the amount of debt purportedly owed to Comenity Bank/HSN with all credit bureaus. As the amount owed, $5,141, is nearly five (5) times the credit line initially established by Comenity Bank/HSN of $1,050, there are clear and obvious errors that, despite my numerous requests that Comenity Bank/HSN cure their errors, continually get reported to my consumer reports as “verified” and “dispute resolved – consumer disagrees”.

B.      By virtue of the amount owed, Comenity Bank knowingly and willingly attempted to cause financial harm to me. More specifically, allowing my credit line to exceed nearly five (5) times the initial limit without showing cause as to why.

C.      Comenity Bank refuses to make contact with me due to a misguided assumption that I am represented by counsel. I do not have any active grievances with Comenity Bank that require the assistance of counsel. Absent this assumption, disputes could have potentially been cured prior to this dispute being escalated to arbitration.

D.      I am challenging the validity and fairness of one provision of Section E., Other Important Information, specifically, “Your rights under this Agreement can’t be transferred by you, by operation of law or otherwise, but your obligations will be binding upon your estate or personal representatives. We may transfer or assign your Account and/or this Agreement, or any of our rights under this Agreement, to another person or entity at any time without prior notice to you or your consent.”, as this suggests the estate that was established prior to entering a business relationship with Comenity Bank/HSN would be responsible for defaults, yet my estate cannot benefit from the ability to arbitrate on my behalf should I decease.

E.       Account Assure, which I was enrolled in according to a representative I spoke with in February 2017, should have cancelled this debt as my involuntary unemployment was a covered event under the program. I met the conditions required to qualify for debt cancellation under Account Assure, including sending proper notice.

 

II.                  Relief Demanded

 

 

I will seek the removal of this account from my credit files, more specifically my Equifax, Experian and Transunion consumer reports. I will seek full extinguishment of this debt, meaning it cannot be sold or assigned to any party for further collection.

I will seek $4,500 in compensation, representative of the damage done to my credit report over the last three years where a 489% utilization has caused numerous denials of credit and damage to credit score where such utilization was cited.

If the claim is not reasonably resolved within thirty (30) calendar days, I will also seek the reimbursement of AAA’s filing fee of $200 and payment in the amount of $30 per hour that I spend defending my claim via telephone, mail, email or any other means required.

It is inconvenient for you to contact me any time by phone. Please direct all correspondence to me via first-class certified mail.

 

Best Regards,

 

 

 

Me

Edited by Toast73

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Notice of Intent to Arbitrate / Settlement Offer

              HSN Account #578097XXXXXXXXXX

 

This letter serves as formal notice of my intention to seek arbitration per the terms of my Comenity Bank/HSN account. This notice satisfies Section B., Notice and Cure, of the credit card agreement offered by Comenity Bank/HSN, which is enforceable by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”).

 

I.                    Nature of Claim

 

 

A.      I have disputed, on several occasions, the amount of debt purportedly owed to Comenity Bank/HSN with all credit bureaus. As the amount owed, $5,141, is nearly five (5) times the credit line initially established by Comenity Bank/HSN of $1,050, there are clear and obvious errors that, despite my numerous requests that Comenity Bank/HSN cure their errors, continually get reported to my consumer reports as “verified” and “dispute resolved – consumer disagrees”.

 

 

I seek the removal of this account from my credit files, more specifically my Equifax, Experian and Transunion consumer reports. I will seek full extinguishment of this debt, meaning it cannot be sold or assigned to any party for further collection.

 

I will seek monetary / punitive damages  compensation per the FCRA, representative of the damage done to my credit report over the last three years where a 489% utilization has caused numerous denials of credit and damage to credit score where such utilization was cited.

 

That's all you need. The rest of what you wrote is argumentative crap that has no basis in law.  You are not entitled to attorney's fees as a pro se. Don't forget; arbitrators are retired judges. Don't mention specific amounts of money you seek. Also, the purpose of arbitration isn't to make them arbitrate, it's to drive them off because of the cost.

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Thank you for your assistance. I did not want to come across too "wordy", but I wasn't sure if I needed to list all grievances I had.

 

Now that I have found Experian's arbitration rules and procedures, I believe I may also send their General Counsel notice as well.

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