nowayout Posted December 9, 2004 Report Posted December 9, 2004 Help! Dh and I sent the refusal to arbitrate to NAF and Wolpoff and Abramson and now we received a letter from NAF stating that a document hearing has been scheduled. It says we may submit any document for consideration by the Arbitrator in the hearing within 10 days of the date of the letter, which is the 7th...so I have a week now.What can we submit to help our case??? Please, please...help.
nowayout Posted December 10, 2004 Author Report Posted December 10, 2004 anyone?? I have to mail this by Tues. Would I send a 2nd refusal to arbitrate? I don't really know of anything else I could send.
willingtocope Posted December 10, 2004 Report Posted December 10, 2004 Read the "sticky" at http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=16946 about dealing with the arbitration crap.Yes...send them a letter saying you're not going to play. It probably won't matter...W&A will probably win the NAF arbitration. However, they'll still need to get that arbitration turned into a judgement for it to have any legal effect. You might do a search on "arbitration" on this entire site. I remember another post about someone who made them go away completely, but I can't find it now.Also...there are some posts to the effect that modifying your card agreement to included arbitration after the fact was found illegal by the courts.
nowayout Posted December 10, 2004 Author Report Posted December 10, 2004 Thanks, willingtocope. I figure they'll win anyway, but I want to send it whatever I can. Someone else suggested I demand validation from W&A, since I hadn't yet and send it along with the second refusal to arbitrate. I will check out the sticky.
admin Posted December 10, 2004 Report Posted December 10, 2004 They can't actually force arbitration - you can always request trial - who refused it the attorney? Did the court agree with them? If not, I think you might be able to force it.The other thing is, I would request all documentation making them 1. Prove you owe the debt (original contract from original creditor)2. The amount they say you owe is correct (how did they arrive at it, do they have a reocrd of all your payments at the original creditor, what is the proper interest rate, etc.)3. How are they legally able to collect (do they have letter of sale or assignment)4. Has the original creditor gotten a tax break from this? How much? If you request all of this, there is a very good chance they won't get a judgment, as they don't have proof of anything!
nowayout Posted December 11, 2004 Author Report Posted December 11, 2004 They can't actually force arbitration - you can always request trial - who refused it the attorney? Did the court agree with them? If not, I think you might be able to force it.Well, it stemmed from the first refusal letter I sent. We got the notice of the document hearing after that. This particular account hasn't made it as far as court.The other thing is, I would request all documentation making them 1. Prove you owe the debt (original contract from original creditor)2. The amount they say you owe is correct (how did they arrive at it, do they have a reocrd of all your payments at the original creditor, what is the proper interest rate, etc.)3. How are they legally able to collect (do they have letter of sale or assignment)4. Has the original creditor gotten a tax break from this? How much? If you request all of this, there is a very good chance they won't get a judgment, as they don't have proof of anything
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