digging_out Posted February 5, 2009 Report Share Posted February 5, 2009 Hi,Anyone have any experience with Asset Acceptance filing an arb claim with NAF? They claim they bought an old MBNA acct for CACH/Collect America and have filed against me. Now we all know that CACH/Collect America is NAF happy and files thousands of claims with them. If this was legitimate claim or CACH had a chance, dont you think they would filed with NAF before selling this alleged debt off?Also Ive been reading on here, that these MBNA claims they try to use Delaware law in the claim. They are stating something to that affect in their BS NAF claim against me. Does this mean the Delaware SOL would apply then?I am working on my response to the claim and am going to request a participatory hearing and would appreciate any advice from others who have done the same. I cannot afford an attorney.Thanks for any help...its greatly appreciated. Link to comment Share on other sites More sharing options...
admin Posted February 5, 2009 Report Share Posted February 5, 2009 Tons of people have posted here about their experiences. Do a search. Link to comment Share on other sites More sharing options...
digging_out Posted February 6, 2009 Author Report Share Posted February 6, 2009 Thanks for the reply. I have been searching and reading on here for weeks.I have not found one posting that deals with ASSET and NAF thus the reason I asked.I dont ask questions without searching and searching on here first. Link to comment Share on other sites More sharing options...
admin Posted February 6, 2009 Report Share Posted February 6, 2009 http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=287638&highlight=Asset+NAFhttp://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=277027&highlight=Asset+NAFhttp://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=291301&highlight=arbitrationhttp://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292275&highlight=arbitrationhttp://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=227015You might want to just do a search on arbitration and NAF Link to comment Share on other sites More sharing options...
montanatim Posted February 8, 2009 Report Share Posted February 8, 2009 It matters little who the filer is. NAF is NAF whoever filed. I think the best course is to stop this before it goes any further if you can. File in your local court for a stay, citing that you have no agreement to arbitrate with Asset, and if you have proof it is past the SOL cite that too. Have your proof ready. If you are successful in getting a stay hearing, they should have to prove chain of title at that point and also that any arbitration agreement has survived the sale, giving them the right to force arbitration and not the OC. Link to comment Share on other sites More sharing options...
digging_out Posted February 9, 2009 Author Report Share Posted February 9, 2009 I am creating my response to send to the NAF requesting a participatory hearing. You mentioned filing in my local court. Dont I need to file with NAF and follow their BS rules and procedures first?Thank you for the reply. I am grateful Link to comment Share on other sites More sharing options...
montanatim Posted February 11, 2009 Report Share Posted February 11, 2009 Your "response" to them would be that you are seeking a stay in your local court, and you would include copies of the filing for the stay against Asset.Their rule #48 C. "The Forum shall stay a case if a court with competent jurisdiction has issued an order staying arbitration and may stay a case in appropriate circumstances." Ask for an expedited hearing for temporary stay, and seek a permanent stay later. You may have noticed that it says "has issued" it also says "may in...appropriate circumstances" I have no proof that NAF will issue it's own stay on the filing, however if your stay hearing is before their bogus award, it would still stop them. Even if they push past the stay to award anything. They (Asset) will have to confirm that award in the court you are seeking the stay in to collect anything.You're after what amounts to a temporary restraining order against Asset. If you want to keep your avenues of defense open with NAF go ahead. The court may see your filing of an answer with NAF as an agreement to arbitrate, that I don't know for sure either, but they could. Link to comment Share on other sites More sharing options...
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