Consumer Credit Regulation: 7.4.3.6 Has the Creditor Waived the Arbitration Requirement?
A creditor cannot participate in court litigation on a matter and then suddenly change its mind and require the case to be sent to arbitration. The creditor’s waiver need not cause prejudice to the consumer.97 Similarly, the creditor may waive the right to arbitrate where it fails to pay required arbitration fees or otherwise refuses to participate in the arbitration.98