Jump to content

National Arbitration Forum and CACH, LLC..


Shayliz
 Share

Recommended Posts

Hi. My fiance was recently served a notice of Arbitration from the National Arbitration Forum and the claimant is P. Scott Lowery and CACH, LLC. It apparently was for an old credit card/loan that was never paid off and got sold to them? I see CACH, LLC on his credit report but none of the amounts match up to any of the balances on his other accounts.

After reading boards online, we sent them a debt validation request and asked it be mailed within 30 days (and sent a copy to the National Arbitration Forum) .

We received a letter from CACH, LLC (dated April 27th) that states:

"COMES NOW, Claimant, through its attorneys, and in compliance with Rule 9 respectfully request this matter to be stayed, and as grounds shows:

1. Claimant is the successor-in-interest to said issuer MBNA America Bank, N.A (MBNA) by way of the purchase of the MBNA account of Respondent.

2. Counsel for Claimant believes this matter may yet be settled amicably and woruld welcome a call from Respondent or counsel for Respondent, if one, to discuss resolution.

3. All documentation required to comply with Rule 29 and 31 of the National Arbitration Code of Procedure must be obtained from MBNA and/or Respondent and Claimant is in the process of obtaining said documentation.

4. Claimant has not willfully or negligently failed to prosecute the instant matter and has will continue to prosecute the instant matter.

WHEREFORE, Claimant in compliance with Rule 9 of the National Arbitration Code of Procedure respectfully request this matter to be stayed."

We also received a letter from the National Arbitration Forum (dated May 1)

"Dear Parties:

The National Arbitration Forum is in receipt of a Stay Notice filed by the Claimant in the above referenced matter. Pursuant of Rule 9F of the Code of Procedure, this matter is now Stayed.

The Respondent may end this Stay of proceedings by filing with the Forum and serving on all Parties a written Objection in accord with the Code of Procedure within fifteen (15) days from date of this letter."

Where do we go from here? I'm not even sure what 1-4 means. They can take whatever time they want to validate the debt, even though we originally requested it to be sent within 30 days?

I appreciate any help! If this was posted in the wrong section, please move it accordingly.

Link to comment
Share on other sites

Ahhhh! Nothing like seeing letters from old friends…..

It’s a scam. …..And you’re dealing with all the originals: Collect America [CACV, CACH], NAF, and MBNA.

You need a legal professional to beat these scoundrels, but positive note is they can be beaten. You must address the issues either from the front in of this *arbitration* or from the back in when Collect America attempts to obtain a judgment on the arbitration decision. When Collect America sells the judgment to other JDB’s, matters become very complex. Read all the blogs [legal-lawyer] on this site, you’ll have an idea how to counter this arbitration.

BTW save all your correspondence for your legal representation. There’s a bunch of FDCPA violations in there.

Good luck.

Link to comment
Share on other sites

Thanks for the fast response!

Do you have any advice for what to do while I find a lawyer? I only have 15 days from receipt of the letter do so anything about the Stay. Can I dispute the stay based on the fact that I requested information sent to me 30 days from my first letter?

Link to comment
Share on other sites

I got something like that from another CA. I was really concerned about this arbitration cr@p. I asked Budd Hibbs about it.

You need to send a letter asking for the contract that shows you signed up for arbitration with returned receipt so you know they get it. In my case they could not produce anything, like most junk debt buyers, and they went away.

It will not hurt to contact an Attorney for your peace of mind.

Good luck.

Link to comment
Share on other sites

  • 2 months later...

This is a question for Shayliz who posted a message regarding the NAF & CACH LLC

I received the same type of letter from them, and needed to know how you proceeded with responding to NAF.

Didn't know if you contacted an attorney or sent your own response. I'm not sure how to proceed with this letter. I had sent an email to Bud Hibbs for assitance, but never received a response.

Anyone have any suggestions.

Thanks

Link to comment
Share on other sites

NAF just recently signed a stipulation with Minnesota AG promising to get out of CC arbitration business. The way this agreement was written seems to throw any previous arbitration [later turned judgment] decision by NAF into a tail-spin.m This recent AG Action surely shuts down any present arbitration. Check the Minnesota AG Website for the news release.

Definitely hire an attorney.

Good luck.

Link to comment
Share on other sites

  • 3 weeks later...
NAF just recently signed a stipulation with Minnesota AG promising to get out of CC arbitration business. The way this agreement was written seems to throw any previous arbitration [later turned judgment] decision by NAF into a tail-spin.m This recent AG Action surely shuts down any present arbitration. Check the Minnesota AG Website for the news release.

Definitely hire an attorney.

Good luck.

What about someone like me who's in the process of fighting CACV on this very issue right now? CACV is trying to confirm an arbitration award against me, issued by the NAF in 2006. The case has been going on for what seems like forever. I was served in the spring, and the trial was set for August. They have not fulfilled my discovery requests (I filed a motion to compel) so the judge continued the trial to Nov and gave them two weeks to complete discovery.

Frustrated, I finally broke down and hired a lawyer to help me, but it still doesn't look good and the other side is just as determined as ever to force me to settle, despite the Minnesota Attorney General's case. They claim that the case amounts to mere allegations and that they will win. They claim they never lose a confirmation of arbitration award in Missouri.

Even if I wanted to, and I don't, I can't settle with them as I don't have the money.

They have provided bogus billing statements and a fake (unsigned) contract--the details don't match up, such as interest rates, account numbers, and much more.

The thing is, in the 8th circuit, most judges won't consider the evidence and will automatically confirm these awards--though the judge in this case has already expressed, during a hearing, that he's upset that there's no signed contract.

I'm so angry that our government and our courts has allowed these arbitration scams.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.