eikoop Posted February 18, 2007 Report Share Posted February 18, 2007 A few months ago Stew and Assocs sent me a letter stating that Credigy was dragging me into arbitration with them in the NAF, that they filed as per the rules, I had no choice, and so on and so forth. I filed my answer back with the NAF stating I had no contract with Stew or Credigy, could not be forced into Arb and showed sources backing my claim, and on top of it all, disputed the debt in its entirety and want it verified. Neither Stew nor Credigy verified the debt at all (its been 2 months or so now) and the NAF has decided to award Stew/Credigy what they were seeking (6k ish). Now correct me if I am wrong, but it seems that this alone is a violation of the FDCPA act on 809 b, as I responded w/in 30 days of recieving notification, and they failed (ignored completely) my request to have the debt verified.My 2 questions are:1) I read a while ago I might have to do some busy work with the state (Florida) to have them not honor the arbitration claim. Where might I get some info on that?2) Since I'm hoping now that they've crossed the FDCPA act at least once and maybe twice or more - failing to provide debt verification AND continuing collections after I sent the DV letter - I might be able to smack them back.Any other tips / questions / things to do are always appreciated. Thanks! Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted February 18, 2007 Report Share Posted February 18, 2007 Wait, you asked NAF to verify? Because they don't have to do so.Did you contact Stew and/or Credigy directly and demand they validate? Link to comment Share on other sites More sharing options...
eikoop Posted February 18, 2007 Author Report Share Posted February 18, 2007 No, not the NAF, I sent a letter directly to the collections agency wanting it verified. Link to comment Share on other sites More sharing options...
IHateCAs Posted February 18, 2007 Report Share Posted February 18, 2007 So you did or did not answer NAF? Link to comment Share on other sites More sharing options...
willingtocope Posted February 18, 2007 Report Share Posted February 18, 2007 The main problem with the arbtration clause is that it effectively subverts the FDCPA. By agreeing to the arbitration, you've agreed to give up your rights under the FDCPA.I filed my answer back with the NAF stating I had no contract with Stew or Credigy, could not be forced into Arb and showed sources backing my claim, and on top of it all, disputed the debt in its entirety and want it verified.And, as I understand it, by responding to the NAF "notice of arbitration" at all, you've agreed to be arbitrated. 1) I read a while ago I might have to do some busy work with the state (Florida) to have them not honor the arbitration claim. Where might I get some info on that?Again, my understanding is that before the arbitration award has any effect on you, they need to turn it into a judgement in your local jurisdiction. That's where you'll have to fight it. Link to comment Share on other sites More sharing options...
eikoop Posted February 18, 2007 Author Report Share Posted February 18, 2007 The main problem with the arbtration clause is that it effectively subverts the FDCPA. By agreeing to the arbitration, you've agreed to give up your rights under the FDCPA.And, as I understand it, by responding to the NAF "notice of arbitration" at all, you've agreed to be arbitrated. Yeah and they also throw in a "if you dont respond you've agreed" - they can't have it both ways. At any rate, to the NAF I stated I'm not agreeing to it nor bound to. No, I never agreed to the arbitration, ever - either with NAF or the CA.Again, my understanding is that before the arbitration award has any effect on you, they need to turn it into a judgement in your local jurisdiction. That's where you'll have to fight it. Ok, thats what I was looking for. I was going to anyway, but my next step it seems will be to get a lawyer involved. Thanks! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted February 20, 2007 Report Share Posted February 20, 2007 They have a certain amount of time to "confirm" the award in your state. At that time you may be able to defend on the basis that no agreement to arbitrate exists. You made all the classic mistakes with NAF. They will ignore anything a consumer sends in and will steamroll an award. I have had similar situations with Stewart and Credigy. We headed them off by getting an injunction before they could rule in their kangaroo court. Stewart never validated nor did they show up in court. The thought now is to sue Stewart and Credigy ( a JDB that is responsible for the actions of its collectors) for failing to validate when timely asked to do so, and may be for harassment. NAF recently hired the Minnesota GOvernor's wife as their GC. She was a state court judge. Hopefully, seh won't drink the kool-aid. Link to comment Share on other sites More sharing options...
eikoop Posted February 27, 2007 Author Report Share Posted February 27, 2007 I figured NAF would steamroll the award. I would have been shocked honestly if they hadn't after all I had read. It does seem like we are in the same boat however, as Stew. never validated either (and yes, I sent them something directly very quickly originally) I just didnt go as far as an injuction for some craptastic thing in GA (it never even crossed my mind). Anywho, gonna start looking up lawyers to handle this, and I'll let everyone know how it goes for those that are curious. Link to comment Share on other sites More sharing options...
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