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review my response to arbitration


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My written respose to file#1111 is as follows

A. 2 requests for validation with no response to date. See attached

B. Account was opened prior to April 9th, 1999 when arbitration clause was introduced. See attached.

C. SOL in State of Texas is 4 years on credit cards. Last payment posted is older than 4 years.

At this time I will required continued notification of all futher actions. If an award is granted and I suffer any adverse damages, be advised that I will pursue my own legal action.

What am I missing or overstating? Thanks for any help.

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Well, you've got the right idea, but I think I'd just said something along the lines of "I refuse to particpate". There's a master "Refusal of Arbitration" thread around here somewhere.

Note:

1. The NAF doesn't care about the DV process. That's why the CC invoked arbitration.

2. The fact that the account was opened prior to 1999 doesn't matter. The CC company slipped a "change of terms" mailer in one of your bills about that time. If you used the card after that, you agreed to be bound by the arbitration (or so the new terms state).

3. Being beyond SOL will help you in court. Arbitration is not court and they won't care about the SOL.

There's a very good chance that the CC knows all of this. They'll probably win the arbitration. That also doesn't matter, because before it can hurt you it needs to be turned into a judgement...that's when you'll play the SOL card.

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There is a case that was decided in the Seventh Federal Circuit that you cannot be forced to arbitrate. I think Shabaz was the judge. I know it's on the web. If I had more time I'd look it up. I might have some tme tomorrow night. I'll see what I can do.

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  • 1 month later...

Hello All:

I received a letter from CC and notofication to arbitrate using NAF on 12/28/2005. THE SOL will expire on 4/15/2006 (in 83 days). I am sending a refusal to arbitration letter tomorrow.

My question is: Assuming they go ahead and get arbitation in their favor before SOL expiration, can I argue that the SOL is expired when they take it to court? Assuming court date will be a few months after arbitration.

Or will they argue that arbitration was conducted before SOL? Who will have the law on his side?

Regards,

Manucci

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Beware. It's not so easy to get out of mandatory arbitration clauses. Despite the master thread on refusing arbitration in these forums, I've spoken to a numer of lawyers about the subject and their opinion is that it is VERY difficult to get out of arbitration clauses.

NAF in particular don't give two shakes if you send a refusal letter. They will proceed with their arbitration meeting. If the CC company can get it enforced by a court in your area is a different matter.

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Guest sifxpert

Continue to object the arbitrator. When the petition to confirm award is served, hire an attorney for $500.00 and present your case that you have a paper trail created that you have been objecting but have been ignored. It should be dismissed and once a stay is issued you can settle for 10%.

Good luck.

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For now drag it out till after SOL, make it "look" like you will do arbitration though dont actually agree, just drag it out for personal health problems, work, etc.

Once the SOL is up, then tellem to go suck an egg.

Also, if you timely DV'd and they haven't responded then arbitration itself is continued collection activity violation.

________

Volcano vaporizer

Edited by uwackme
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