Help with arbitration needed ?

[firel7]

Ok I am having varying success with my credit correction program. I have VODed all of the collection agencies attempting to collect on alleged accounts. For the most part I have them silenced and the debt has been sold a few times so they are into the Junk debt buyer category so I am pretty confident for the most part. At this point I have also managed to get 2 of the 3 major CRA's to delete 3 of 6 negative tradelines. All 3 have deleted one of them.
Now this is where I need the help and have a few questions. For the ones that have been silent and sold multiple times, what can i do to seal the deal once and for all!!! Next question, the 2 that haven't been silent have gone to the NAF. For one of those agencies it was the very first time that I had ever heard from that agency, as a matter of fact the first communication from anyone but the original creditor was a summons to arbitration. In any case I responded to both arbitration summons with a notice of refusal and objestion to arbitration(see attachments). I served all parties including the NAF and I got a response from the NAF (see attachments) that stated I did not provide proof of service, which is required by their Code of Procedure, so I sent Proof of Service in a letter with the Cert mail receipts attached. (see third attachment)
Here is where the 2 cases start to differ, the day after mailing my proof of service to the NAF I receive a letter from them regarding one of the cases stating the case has been stayed by the request of the collection agency. (see attachments) Here are my questions in this case: Do I want it to be stayed, or do I want them to rule on my objection and refusal of arbitration? They have violated the same Code of Procedures they held me to in the first place as I never received a copy of the agencies request for a stay, should I point this out to them? Should I file a lawsuit against them for unfair treatment and violating their own code of procedures? Would this filing of a suit prevent them from being able to respond or hear a case regarding any of my alleged accounts?!?! Man that would be a significant victory if I could pull that opne off. I know I read somewhere that some CC companies filed lawsuits against " Friendly Arbitrators" preventing them from hearing any cases involving those companies, it would be great to turn the tables!!!!
Now on to the other alleged account. It appears in this case that they are ready to procede. The response from the NAF looked to me as though they have received my refusal and proof of service and are ready to continue. (see attachments) Do I want to let them procede to rule on my refusal of arbitration? Do I want to use the lawsuit to stop them in this case too? Is my refusal of arbitration solid enough that they have no choice but to not hear the case or dissmiss it? Is it solid enough that in the event of a ruling against me that I could vacate that ruling in court? In general what would be my best course of action in each case?
As a side note and just for a little more info the case that appears to be moving on was the alleged account(MBNA) that was deleted by all 3 of the CRA's and the other one(Chase) has been deleted by 2 of the 3. can that be used in th arbitration if necessary or in court if it gets that far.
I really want to take it to these bastards at every angle and hit them in places they never knew they could be hit!!! Is it looking good for that? What would be your course of action if in my shoes?
Thanks in advance for all the help, and sorry for such a long and detailed post. I only hope it will help guide others in a similar situation.

[firel7]

Just an update on the stay notice. I am now in receipt of a stay request by mann- Bracken dated on the 9th of september. Remember the NAF granted this stay in the letter dated August 31. Hmmm something seems afoot here? I am patiently awaiting all input in this matter as I need to make a decision soon on these actions.

[firel7]

Needed to bump this I could really use some input...where has all the great help gone? I have only had one PM to contact budd hibbs, well I looked at his websight and could not find the information I might need. Any help out there?

[seeker]

I think is the code in the FDCPA -- that says they must notify you and give you validation? If you didn't find anything at the hibbs site, I think you weren't looking in the right place, but anyway -- the stay is a good thing, says they do not feel confident enough to continue the process.

As for the other one, if it is going forward, why not send a letter to NAF and ask them on what grounds and evidence they are basing this action? VoD THEM and inform them in no uncertain terms that you have VoD the original Creditor and the DA with no response and that, you will be filing a FTC complaint for the lack of response as required and would be happy to add them as a co-conspirator to the violations and fraud complaint if they wish, unless they honored their Code of Practice and the FTC, FDCPA and closed the case entirely and notified you when it was complete. In the reverse, give them the option of supplying you with any and all 'evidence' in their file that proves holder in due course and contract originating any 'relationship' with claimant.

These are just a few ideas. I had a DA file then stay, then file then stay -- the NAF closed it out. I have a Certificate of non-response and default on my 'offer' to cure to the DA -- and notes that support that action. I notified NAF, and offered them three options -- close the case;join the DA in charges; divorce themselves from the action entirely. Have not heard from them since they closed the case on motion from DA, the second time. I am thinking I will take my affidavit of fact in this matter, attach the certificates and file it into the Recorder's office for Public Notice. Then maybe I'll sell the 'judgment' on the open market to a DA and let them harrass one of their own. Whatdaya think?

;-)

Seeker

[2tim215]

NAF Rule of Procedures Rule 9F. Part II Commencement of Arbitration (January 1 2005 revision):
F. Stays. A Claimant may obtain a Stay of a case for an indefinite period of time by filing with the Forum and serving on all other Parties a Stay Notice prior to the appointment of an Arbitrator. An opposing Party may end a Stay by filing with the Forum and serving on all Parties, within fifteen (15) days of the Receipt of the Notice, an objection which ends the Stay. Claimant may file only one (1) Stay Notice and may seek a subsequent Stay by submitting a Rule 18 Request.

Since it looks like this thing commenced on August 31 (don't know what date you received it), you would have had only 15 days to object (thereby ending the stay) and thus it seems to be pretty much too late for you to do anything about it. This is based on what I'm reading in their code. The way it reads, it seems that this allows them to have an "indefinite" stay, which is another example of the unfairness of NAF arbitration which no "real" court of law would allow. Neither would any court of law allow them to file such a motion with requiring them to send a copy to the opposing party. Any court would put a limit on it, usually based on some criterion and would not even grant a "stay" in the first place, unless the requester could submit a valid reason for one. Correct me if I'm wrong in this, any "legal experts" out there. In looking at your documents, they do not even give you the reason that the stay was granted. This is just another example of the "unfairness" which exists in this NAF "Kangeroo Court" environment.

Even if the 15 days weren't already up, I'm not sure what would've happened if you had objected and how this might have worked out. Maybe someone else has had this experence and could elaborate further.

I don't know what else you can do in the meantime. I suspect that their purpose in delaying is likely to get them more time to try and come up with some incriminating evidence against you which they apparently don't have at this point which they could give to NAF to convince them to go through with their "bogus" arbitration in spite of your objections. Maybe they are digging through their files and trying to find something with your "signature" on it or they are going to get some "bogus" affidavit with an unintelligible signature who will swear that you owe the debt. Perhaps others can chime in on this. Maybe they just are hoping that you "screw up" somehow to give them the opening that they are looking for. I don't know. What I do know is that I would be extremely cautious at this point before doing anything as it seems you have been doing quite well on your own thus far.

You may just have to wait. I suppose you could request something from the NAF director requesting him to tell you how long the stay is for and asking them on what basis it was given. You might even demand that they throw it out immediately based on your objection. Let's hear what the veterans have to say. Hoefully they may be able to come up with some better answers for you.

Also I want to emphasize that their (NAF's) Kangeroo Court Rule of Procedures does not say that they have to give you a copy of the request for stay (see previous discussion), as a matter of act, they don't even mention it.

This is not legal advice, it is just my opinion in trying to help you with your situation.

Best of luck.


2tim215

[2tim215]

It looks like Seeker already responded with some of your answers (apparently while I was writing mine).

2tim215