Response to an Arbitration Summons from a creditor

[TheBlackTruth]

Hello,



I have received an arbitration summons and have 30 days to respond. I've already sent a request for Verification of Debt (the returned receipt is dated 6/29) and got NO response.



Your thoughts are much appreciated.



-Truth

[seeker]

I'll take Jerseee's role here -- READ CAREFULLY!!! WHO is the summons from? A debt attorney or from the Actual NAF themselves? WHAT are they truly offering you? Are they ASKING you to participate and give your permission to enjoin you? Interesting reading at the NAF site, they try to appear so official and all, when in fact they ar the hatchet for unlawful activity. I think it's time for WE, the People, to ram them where they breathe -- to whom shall we direct complaints in regards to thes hoodlums?

[Jerseee]

I'm getting teary eyed here.



Great post Seeker! I told you---you knew more than you think you do.



Blacktruth,



Go and see if the summons is legit first. No one can force you to give up your rights through duress and coercion. They are trying to start and unlawful court by creating a new contract through arbitration--to get out of the fraud that they are in and get you into a binding agreement to validate the fraud now.



Hold them to the code and to adjudicated case law. Ask a simple question...is this a lawful court? And see what they say.



hahahahaaa

[Ice]

Arbitration summons are not a court summons.



They are only asking your permission to settle / arbitrate a dispute.



Tell them they do not have the authority to arbitrate any matter and that if they proceed you will hold them liable in their personal capacity. You don't need to show up to that farce. It ain't legit so don't pay it any attention. If you send notice that they have no authority and they proceed... they are SCREWED.



Screw 'em.

[TheBlackTruth]

Thanks, guys!



I will send correspondence to the effect that their offer is refused.



Should I also reiterate that any further attempts to collect alleged debt without the requested verification is in direct violation of the FDCA?



-Cyril

[rushpat]

Hmm... doesn't the fine print on some credit applications give power to arbitration boards?

[Ice]

Can you show me an agreement to such?

If you could prove the agreement then we might be able to actually discuss the issue of the "alleged debt".

Proof of claim would require the original agreement... to see the terms and conditions thereof.

Without that original agreement ... can anything be proven?



Ice

[seeker]

Hey, I'm in the same boat. The debt-torney that I have been "playing with" (gotta have some fun, right?) sent me the exact same Claim form/verification garbage, etc that he sent in April -- in June he had cc me that he "wrote" to the NAF claiming to "indefinitely suspend the claim while I gather the requested documentation" HA! Like I said, EXACTLY the same thing -- undated lettter, statement that looked like a three year old had typed on Daddy's computer and a copy of the CC Agreement. This is documentation??? Sure it is!

So, I was wondering just how to proceed with this jerk? In my last letter telling him to Cease and Desist, I told him I would be reporting him to my State AG, his state AG, his governing board (he claims to be an attorney) and the FTC (governing the Fair Debt Act) -- AND to start billing him the $10,000. per incident for my time in having to deal with his BS. ( I figure it's my sandbox, I can charge him what I'm worth AND the FDPA fine of $1,000. per)

So, what do ya think? Any who, what, hows?



Seeker

[seeker]

I forgot, I checked the NAF website, some interesting reading there. I composed a letter to them, but have yet to send it -- here's part of it ---



"As a courtesy, I am notifying you of attempts to draw you into a private matter, which violates Rule 41, A of your Code of Procedure, under all five points



“A. A Claim or Response may be dismissed by an Arbitrator at the Request of the Director or a Party or on the initiative of the Arbitrator for one or more of the following reasons:

1. It is not supported by evidence.

2 It is not supported by existing law.

3. It is frivolous.

4. It has been presented or maintained for an improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of arbitration.

5. A Party has violated any provision of the Code, or any order or notice from an Arbitrator or the Director.”



Please be advised that Moore and Associates have repeatedly and consistently violated my rights under the Fair Debt Collection Practices Act (FDCPA), and the Uniform Commercial Code (UCC), Illinois State and Georgia State Commercial Code, Contract Law and the Fair Credit Billing Act (FCBA). "



Seeker

[Ice]

I would have just stated that they don't have authorization to interfer in the matter... and that by doing so they would be held responsible for any damages.



Screw what they say their "rules" are... they gotta have "permission" from the parties in order to proceed.