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NCLC puts out update on legal ramifications of arbitration clauses after NAF debacle!

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That is where Crap1 gets ya, they send a corporate officer to court to represent their interests (from their legal dept). Correct me if I'm wrong but doesn't that give them the direct knowledge of said account? With that said here's where I am so far with Crap1....judge granted my motion to change venue to my county in north va, but get this........the ITS letters they sent were from Capital One Services LLC and check this out about this "company" which crap1 owns:

"Incorporated by Gary Perlin, Richard D Fairbank, Capital One Services, LLC is located at 1680 Capital One Dr McLean, VA 22102. Capital One Services, LLC was incorporated on Monday, February 09, 2009 in the State of FL and is currently active. Corporation Service Company represents Capital One Services, LLC as their registered agent." McLean, VA is not in my same county but its only about 6 or so miles from me. I'm wondering if when they re file in my county they will send an in house attorney or a hired firm. They are soo sneaky!!

None of that is as unual as it may appear to you. That is a typical corporate entity, using CSC as their registered agent.

You need to get the suit dismissed and get into arbitration. You will not beat Cap1 in court if you actually owe them money. Just my opinion.

Cap1 is the devil.

http://www.nytimes.com/2010/04/02/business/economy/02garnish.html

Edited by jkg3
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Thanks much for your reply. I need to learn more about CSC!! I'm guessing that doesn't mean Computer Science Corporation, lol, that's all I'm finding so far......ok, so I think my next step should be the Tueq preemptive arb?

THANKS AGAIN!

None of that is as unual as it may appear to you. That is a typical corporate entity, using CSC as their registered agent.

You need to get the suit dismissed and get into arbitration. You will not beat Cap1 in court if you actually owe them money. Just my opinion.

Cap1 is the devil.

http://www.nytimes.com/2010/04/02/business/economy/02garnish.html

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Thanks much for your reply. I need to learn more about CSC!! I'm guessing that doesn't mean Computer Science Corporation, lol, that's all I'm finding so far......ok, so I think my next step should be the Tueq preemptive arb?

THANKS AGAIN!

The registered agent (CSC) is a company corporations use to receive legal papers. There are many others: CT Corporation System, for example.

CSC: https://www.cscglobal.com/global/web/csc/home

Corporations use registered agents to efficiently receive paperwork. Doing so allows them not to have an office of their own in each state, or risk having legal papers successfully served on a careless employee at their business, and those papers end up in the trash.

When you serve a registered agent legal papers, the agent immediately faxes those papers to the corporation's legal department.

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You can check out at your local library on inter-library loan.

Most libraries can draw them from legal libraries across the nation.

Is "Consumer Law Pleadings: All Pleadings from All NCLC Manuals" the NCLC book you were referring to?

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You should buy the Consumer Pleadings Index because it gives you web site access to over 2000 pleadings from Consumer lawyers from Federal Court covering every consumer topic you can imagine.

The other ones, you could borrow from library and make notes.

If you can buy the whole set, I'd reccomend that.

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You should buy the Consumer Pleadings Index because it gives you web site access to over 2000 pleadings from Consumer lawyers from Federal Court covering every consumer topic you can imagine.

The other ones, you could borrow from library and make notes.

If you can buy the whole set, I'd reccomend that.

Do you get a commission from each sale?

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If one insists on going pro se'....I always suggest the consumer copy successful pleadings from top consumer lawyers.

In the area of consumer law, it doesn't get more top than NCLC, they are the foremost authority on consumer law.

Nearly every GOOD consumer lawyer I know consults NCLC.

If there is a better authority and research on consumer law, I'm definitely willing to look at it.

So my whoring for NCLC is not purely monogamous if someone else looks better in this area of supercharging the pro se' legal cause of putting the debt collection industry in bondage.

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July/August 2009 Deceptive Practices and Warranties Edition

(***paragraphs are my commentary)

****In WI, there is an added consequence, if ANY part of the credit card contract is invalidated by the court, the whole thing may be invalidated under state law,(rendering their claim worthless) so depending on state law, debt attorney MAY WANT TO AVOID AN ATTEMPT TO INVALIDATE THE ARBITRATION CLAUSE***

Point me to that info for WI.

Discover Bank contract says if any part becomes unenforceable, it will not make any other part unenforceable. Says governed by Delaware and federal law.

Is there a work around?

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does anyone know if NAF and AAA have started accepting cases as of today 10/10/10?

NAF As of today: http://www.adrforum.com/faq.aspx?faq=884

Q: What types of disputes can be arbitrated?

A: Just about any type of dispute can be arbitrated, including contract disputes, intellectual property disputes, employment and labor claims, real estate and construction issues, and tort and civil rights matters. The majority of cases in the court system concern auto accidents and billing disputes. The FORUM handles a fair share of those types of cases as well.

The FORUM currently is not accepting consumer arbitrations.

-------------------------

AAA as of today:http://www.adr.org/sp.asp?id=36427

Notice on Consumer Debt Collection Arbitrations

Based on recent public discourse evaluation of our case experience, the American Arbitration Association has determined not to accept new consumer debt collection arbitration filings as described below effective immediately.

Matters included in this moratorium are: consumer debt collections programs or bulk filings and individual case filings in which the company is the filing party and the consumer has not agreed to arbitrate at the time of the dispute and the case involves a credit card bill or, the case involves a telecom bill or the case involves a consumer finance matter.

The AAA will continue to administer all demands for arbitration filed by consumers against businesses, and all other types of consumer arbitrations.

This policy will be in effect until such time as the AAA determines that adequate and broadly acceptable due process protocols specific to these cases are in place. It is our intention to engage in earnest dialogue with a diversity of interest groups on what constitutes a proper protocol framework for these matters. For more detailed information about the AAA's position on debt collection arbitration please see http://www.adr.org/si.asp?id=5770

The AAA would emphasize that this policy decision was carefully considered and made solely by the AAA after determining that while the Consumer Due Process Protocol works very well for most consumer arbitrations, the categories of arbitrations listed above appear to require additional protections due to, among other things, a high rate of non-participation by the consumers.

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so that means if i select NAF or AAA as arbitratiors for my capital one case, i will be rejected 100%?

You will find some NAF and AAA cases on discussion boards indicating they have taken consumer intitiated FDCPA violation cases - not commercial / consumer debt lawsuite cases.

I have researched these claims myself - and have documented 4 cases.

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