Help! Collection agency filed for arbitration

[gagrits]

My question involves collection proceedings in the State of: GA

CACH is attempting to drag me into arbitration over a debt they bought. They kept calling and would not send anything in the mail. I have never heard from CACH until they began calling around 08/07 and then they would not give me an address or mail me anything. Finally, I got something in 11/07 from them and an Arbitration company. I wrote back within a week or so and demanded proof of debt including something with my signature, the usual things to prove I owe the debt. No response and the Arbitration Forum issued a stay. I wrote CACH again in 01/08 and still still no response. Both letters I sent them and the Arbitration Forum I have a signed reciept. Today 9/15/08, I got a letter including "exihibits" asking the Arbitration Forum to go forward. THese include a copy of a suspicious undated letter from original creditor saying they sold "debts" to CACH (does not state my name or anything and looks like something created an a computer not a company letterhead), a few copies of statements and a copy of a letter from CACH that I never recieved dated 08/07 so they claim that I missed my chance to dispute because I did not respond to the 08/07 letter but I never got it. THey claim the debt was charged off on 10/29/04, I made the last payment to original creditor on 5/31/05 and CACH bought it on 4/17/06.

The OC claims the debt was opened in 11/99 and that it had become past due by 12/00 and pretty much never got caught up because of late fees.

I am planning to write them again but I am thinking I need an lawyer. I know the SOL on revolving credit for Georgia changed January of 2008 to 6 yrs but since I started disputing this in Nov of 07 does that matter? Also they have only submitted a few documents to the Arbitration forum none of which have my signature, did not respond to my requests for documentation in 11/07 and going by the OC the account was more than 30 days past due in late 2000 so shouldn't the SOL start when it became past due?

Any advice would be appreciated!

[fatherof3]

I would ask them to peovide proof that you agreed to arbitration. Signed agreement etc..

[gagrits]

The paper work they just sent me has several pages saying I really don't have a choice because MBNA added it to the account agreement and "by law they do not have to have a signature". They do not even have I signed credit application because I know I did not sign one. I think I am going to send a "Refusal of Arbitration".

[CreditFixCD]

Maybe you should go here and e-mail a few attorneys from your state.

E-mail all the attorneys in your area. Some will be more helpful than others and if you need to retain one , the answers to your e-mail will give you an idea of who you like best.

[Templar]

You’re being victimized by the Collect America-MBNA-NAF Arbitration Scam. The arbitration will be rammed through to an attempted court action turning the arbitration ruling into a judgment….even if there’s no authority for arbitration. Do your research on CIC for entries by folks whose combated the scam.

You have defenses, but you need professional legal representation. Collect America [CACH] and NAF will corrupt the arbitration process somewhere. i.e. That letter you got from “NAF” is overshadowing.

Be patient, be smart, don’t waiver. You’ll be OK.

[gagrits]

I am going to see a lawyer today who happens to be an abitrator in the state of GA. So he should know the ins and out with this.

Thanks everyone for the help. I will let you know how it goes!

[gagrits]

I spoke to a lawyer and I am going to send a letter that I will not participate in an arbitration. Then it is wait and see what they do. He thinks if they even bother to file for a judgement that it will be dismissed. We shall see...

[Templar]

Follow your attorney’s plan. I know attorneys who prefer to fight the arbitration scam from the front [beginning] of the actions. Others prefer doing the fight at the end when Collect America [CACV, CACH] attempts to turn their arbitration award in to a judgment.

I would suggest keeping all the correspondence coming from NAF and Collect America. I don’t know how Ga is, but NYS is looking at NAF’s “arbitrations” with a jaundice eye. I suspect your lawyer will counter file at the end against Collect America [CACV, CACH] for FCRA and FDCPA violations. My lawyer did, and I received a judgment against the scoundrels.

Keep a very sharp eye on your Court’s Calendar so not to let these characters slip a default judgment through. They seem dependent upon high-volume default judgments.

If this appears confusing, it is. My situation with these entities came about via ID Thief. It took me five-years and two court appearances to correct matters. To this day I and my attorney friends aren’t certain who the real interested party was trying to collect on a bogus account. …Such a tangle of subsidiaries, franchises, and various mercenary-types working on this scam I never thought possible. We believe it’s to avoid liabilities.

Good luck

[gagrits]

One good thing about living in a small town is the courts are not that backed up. It is extremly rare that summons are not served asap. However I plan on being proactive on this. I just can not sit back and let these snakes railroad me on this without a fight.

[Tazjeepcj7]

Georgia SOL will probably be calculated as 6 years after your last payment (assuming the payment did not bring your account current). Did you use your credit card after the arbitration terms were added?

[gagrits]

No