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+--- Thread: Bellco Credit Union fails to pay arbitration fees violating federal law (Fed Arb Act) (/showthread.php?tid=188)
Bellco Credit Union fails to pay arbitration fees violating federal law (Fed Arb Act) - Samoya - 07-16-2021
American Arbitration Association
Laurel Oak Road
Voorhees, NJ
June 23, 2021
US Arbitration
Wall Street
New York, NY
Via Email to: xxxxx@usarbitrationcorp.com
Bellco Credit Union
East Orchard Road,
Greenwood Village, CO
Via Email to: xxxxxx@bellco.org
Case Number: xxxxxxxxxxxx
xxxxx xxxxx
-vs-
Bellco Credit Union
Dear Parties:
After careful review of the parties’ comments, the AAA has determined the claimant has met the filing
requirements by providing an arbitration clause that names the AAA. Any further dispute regarding the
arbitrability of this claim should be raised to the arbitrator for a determination once one has been appointed.
However, please note the respondent’s contentions will be noted in the case file for the arbitrator to review.
We have not received the administrative fees and arbitrator compensation from the respondent as requested in our
previous correspondence. Respondent is requested to remit payment in the amount of $3,050 to the AAA to
be received by July 7, 2021.
As the claimant has met the filing requirements, the respondent’s fee is due regardless of whether the case settles or is withdrawn.
If payment was already sent, please send an email with the payment details so that payment is properly allocated.
If this non-payment is simply an oversight on the respondent’s behalf, we trust payment will be made without delay.
Please note: should the business not comply with our request by the above response date, we may decline to
administer any other consumer disputes involving this business and request that the business remove the AAA
name from its arbitration clause so that there is no confusion to the public regarding our decision. Furthermore,
pursuant to the R-1(d) of the Consumer Arbitration Rules, should the AAA decline to administer an arbitration,
either party may choose to submit its dispute to the appropriate court for resolution.
At this time we are inquiring as to whether the consumer is willing to pay this outstanding amount, minus the
expedited review fee of $250, and seek recovery of these fees through the arbitrator’s award. The claimant is not
obligated to pay the respondent’s fee. Should the claimant decide to advance the business’ portion of the fee, please
email me before the business’ response deadline.
If we do not timely receive the business’ portion of the filing fees, we will notify the parties that we have
administratively closed this case and refund any payment received from the claimant. Please note payment should
be submitted by credit card or electronic check. Please confirm the email address AAA may send a secured
pay link with instructions to submit payment via either method. In the event that payment is being made by a
third party, such as an insurance company, please request that payment be sent directly to the business’
representative. The business’ representative should then forward payment to the AAA in accordance with the
foregoing instructions.
Thank you for your attention to this matter. If for any reason respondent will not be able to comply with our
request by the noted response date, please send an email requesting an extension prior to the deadline.
Please email consumerfiling@adr.org if you have any questions.
Sincerely,
Consumer Filing Team
[American Arbitration Association]
Bellco arbitration laws violation---update July 28, 2021 - Nerine - 07-29-2021
(07-16-2021, 02:53 PM)Bellco arbitration laws violation---update July 28, 2021 Wrote: Re: xxxx xxxxx xxxxx, xxx.
Bellco Credit Union
xxxx East Orchard Road
Suite xxxx
Greenwood Village, CO xxxxx
Via Email to: xxxx@bellco.org
Case Number: xx-xx-xxxx-xxxxx
xxxxx xxxxxx
-vs-
Bellco Credit Union
Dear Parties:
As of this date, we have not received the required fees from Bellco Credit Union in this matter. Accordingly, we
must decline to administer this case and have closed our file. According to R-1(d) of the Consumer Arbitration
Rules, should the AAA decline to administer an arbitration, either party may choose to submit its dispute to the
appropriate court for resolution.
Any payment submitted by a party will be refunded shortly.
Further, because Bellco Credit Union failure to remit the foregoing constitutes a failure to adhere to our policies
regarding consumer claims, we may decline to administer future consumer arbitrations involving Bellco Credit
Union. The AAA’s consumer policies can be found on the AAA’s website, www.adr.org. We request that Bellco
Credit Union remove the AAA name from its consumer arbitration clause so that there is no confusion to the
public regarding our decision.
If Bellco Credit Union advises the AAA in the future of its intention to comply with the AAA’s Consumer
Arbitration Rules and if applicable resolves any outstanding payment obligations, the AAA may consider at its
sole discretion, accepting newly filed consumer cases going forward.
Pursuant to the AAA’s current policy, in the normal course of our administration, the AAA may maintain certain
electronic case documents in our electronic records system. Such electronic documents may not constitute a
complete case file. Other than certain types of electronic case documents that the AAA maintains indefinitely,
electronic case documents will be destroyed 18 months after the date of this letter.
If you have any questions, please email ConsumerFiling@adr.org.