NAF - National Arbitration Forum

[sadie]

For your Info - copy of a post from another forum I belong to from someone who got screwed by the NAF.



The bank own the NAF and they have 99% finding for the bank no matter what you do.

Please -

David and anyone else dealing with Arbitration Notices from the National Arbitration Forum (NAF)



I spoke to a rep from NAF this morning. She said until the NAF receives "written notification of service" from the Claimant that the Respondent has been served then the Claim is not active.



Only when the NAF receives this "written Notice of Service" does the NAF then send a "Second Notification of Claim" to the Respondent and at that point the Respondent has 2 weeks to respond or request an extension.

Response forms are on their web site.



Important - * IF the Respondent sends "any written documentation" to the NAF then THAT BECOMES THE NOTICE OF SERVICE TO NAF TO BEGIN ARBITRATION and the Claimant need take no further action.

Any telephone contact with the NAF can also be used to claim you received notice.

Also - here is a sample Opt out of Arbitration letter a member contributed.

Date





Name of Attorney

Name of Law Firm

Address

City, State Zip



Re: Account Number Here



Greetings,



Thank you for your gracious invitation to participate in arbitration. However, I am going to have to decline. Enclosed you will find the documents you sent regarding arbitration.



As your client knows, and you should know, I no longer have an agreement or contract with your client. Your client was sent a Notice of Rescission on Put date mailed here. As of that date we no longer had any contractual relationship. Therefore, there is nothing to arbitrate.



Any further contact by you or your firm will be considered harassment and appropriate action will be taken.



Respectfully,





__________________________

Your Name

Address

City, State Zip

[Jerseee]

Sadie,



Of course they are going to lose. If you read that letter like I have been trying to teach critical reading, you will find that:



1. The person gave testimony

2. they never demanded verification

3. Through their refusal, they admit to the debt

4. If the agreement never existed then why do a Notice of Recission? And by doing this notice, you admit that there was once an agreement.

5. They spoke to someone on the phone--BIG NO, NO



I would never use a letter of Notice like that because you are giving up your due process by disputing in writing. It would be close to impossible to defend your position because now you are going to be forced to answer questions regarding that Notice.



That is bad Joo Joo.

[sadie]

Sorry,



I didn't look that closely at all the wording of the posters letter. The point is that you can opt out of arbitration by sending them a letter.



Arbitration takes away your day in court.



just my 2 cents (not lawful money)

[Jerseee]

Yup,



Now you got it. It is another contract and usurps your due process. Theft is theft no matter if you call it arbitration or a mortgage.

[RICKY]

I AGREE WITH WHAT YOU SAY JERSEE. SO, HOW DO YOU STATE IT THAT YOU WON'T PARTICIPATE IN ARBRITRATION?



RICKY

[seeker]

Is this "invitation" from a creditor or from a third party? I had a third party invite me to NAF and I sent him a Demand for Verification and demanded he put up or shut up. I indicated that I cc the NAF -- but that letter never quite made it into the mail pending a response from the thrid party. After all the NAF did not write to me, it was a thrid party. I wouldn't attend a party without a specific invitation, why would I eagerly go to arbitration!?!?

I received a letter from the 3rd party that was a cc to the NAF indcating a request for an indefinite stay so as to "gather the required information". Yea, right. My letter to him was pretty stong with cites and codes and laws, and indications of exactly what my actions would involve should this harrasment continue -- to start $10,000. for each incident involving my time and proceeding to file complaints, etcfrom his governing Association, the AG, etc.

I have two advisors who help to temper my reactions, which is a good thing. Don't kick a sleeping dog -- was the advice -- meaning, don't send missives to those who have not contacted you.



Just my thoughts.



Seeker

[Ice]

seeker,



Excellent post. Can you keep us informed on that particular situation?... like if you ever hear from the 3rd party or if a "new" collector takes it on?



Ice

[seeker]

Ice:



sure -- this person is actually the third to try to get me into "contract" for a debt the CC has said is a charge off. The first company is on the Hit list on the Bud Hibbs site as a nasty purchaser who resorts to threats, etc. The second was a collector/accouting firm/attorney type who never responded to my notice for verification and this guy is the third and I was on my fourth round of letters when I realized that continuing to demand verification was getting old and I added the "teeth" --l cites, codes, my time "fine" --

So we will see.

You can bet I'll bill the sucker if he calls or writes again.



Without being a Secured Party, can I file a UCC-1 against a company/person? As businesses and banks do?

Just curious!



Seeker

[Ice]

If you claim a debt against another you can file a UCC FS. It is only public notice of your claim.

[logos]

Originally Posted by Ice

If you claim a debt against another you can file a UCC FS. It is only public notice of your claim.

Mustn't a UCC-FS be backed by a SA?