Arbitration

Bird · #1 05-03-2004, 12:35 AM

I requested verification for a debt a couple of years ago from a debt collector (return receipt), and of course, no response.

I got a letter from an arbitration forum that says "Second Notice."& It says that they received notice that I have been served re the case.& I have never been served, but I don't trust&such racketeers.&

I will not&consent to the arbitration eventhough the forum considers responding to the notice as submitting to the forum.& However, the reason I must respond is because the kangaroo forum will probably give an award to the debt collector if I do not respond.

I will probably write them&a letter&demanding (cc'd&to debt collector)&to see my signature on a contract where I agreed to arbitration (this issue&begain several years&ago before the wave of arbitration swept through the credit card companies).

Has anyone else dealt with this type of racket?& I know I could probably get the judgement voided (if it ever came to that), but I just as well spend my time on other things.

Jerseee · #2 05-03-2004, 02:22 AM

Bird,

Make a copyof the letter that was written last time and a copy of the return receipt.

Then on a new letter (your response) simply ask for certified verification and cite the code that demands it.

ALso add this to your letter as a gentle reminder:

“Alteration of a document without authority with the intent to defraud may constitute forgery and such alteration may consist of the insertion of matter in the document after it has been signed. Buck v Superior Court (Cal App) 41 Cal Rptr 718, subsequent op on reh 232 Cal App 2d 153, 42 Cal Rptr 527, 11 ALR3d 1064, cert den”

Also mention that it is a felony to purchase evidence. Then send them your copyright notice and RPIARD, along with a CPN for the amount allegedly owed.

What do you think?

seeker · #3 05-03-2004, 01:04 PM

I too am becoming embroiled in the NAF (National Aribitation Forum), by way of a bottom-feeding debt collector titling himself an "attorney-at-law".& He has received my cease and desist notices and was also notified through a phone call (nastiness and harrassment, they initiated). I have sent a FOURTH AND FINAL notice to the "debt-torney" advising him that he has yet to respond to my validation claim, citing code and statues and advising him that he has also violated his professional code of procedure and Civil Rights law 11.& I will cc the NAF. If I receive a second notice from NAF, I have a letter prepared stating that they are being drawn into a private matter and that they will be violating code, statute and their own Code -- 41a to be exact (check their website). I will then pursue the debt-torney with a FDCA violation, harassment, and acquiensence of summary judgement by silence regarding the letter I have sent.&after I&send him a Notice of Dishonor since he has not answered any of my requests for validation nor has he even acknowledged that he has received them (I have green cards)&.

I am fed up with dealing with Worlwide Asset Purchasing LLC. They have approached personally, through a collection agency and now through two different debt-torneys -- none have responded to my request for validation under the FDCA.& These people are bottom feeders of the lowerst sort.& Budhibbs.com lists the worst of the worst agencies to deal with.& some interesting commentary regarding said agencies with regard to his research into them.

Seeker

gregtu · #4 05-03-2004, 03:16 PM

Try this:

John Henry Doe

c/o P.O. Box 5472

Tucson, AZ 85734

Contract No 92501-JHD

Robert W. Burns, d.b.a.

Attorney for Shakedown Law Firm

105 E Speedway

Phoenix, Arizona 85684

Respondent

NOTICE OF ACCEPTANCE TO CONTRACT

Arizona ) NOTICE TO AGENT IS NOTICE TO PRINCIPAL

) ss NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Pima county )

I, John Henry Doe, hereinafter "Secured Party", am competent to state the matters included in this contract which are true, correct and complete, and not meant to mislead.

STATEMENT OF FACTS

1. On September 15, 2002, Secured Party sent a documentary draft #3001 to Shyster Bank for adjustment and setoff. As professional banking agents, they knew or should have known that a collecting bank must follow documentary instructions or they are liable for the face value of the draft plus triple damages that may have occurred.

2. On September 25, 2002, Secured Party received the documentary draft back to him by mail evidencing dishonor. The bank personnel did not follow instructions sent by Secured Party to process the transaction.

3. On October 1, 2002, Secured Party sent a NOTICE OF ERROR and REQUEST FOR INVESTIGATION to Debra N. Benda, d.b.a. VP of the Shyster Bank branch on 6257 E. Broadway. The notice requested Benda to follow banking laws specified in 15 USCA 1693(h) to initiate an investigation into this matter. Benda has not responded to the above request, which puts them in Default, and has now consented to compensate Secured Party for $600,000.00 (Six hundred thousand Dollars).

4. On October 19, 2002, Secured Party received an offer from a third party to interfere and trespass on the private contract between Secured Party and Benda. The person who signed the offer to contract is Robert W. Burns, d.b.a. Attorney for Shyster Bank, hereinafter "Respondent".

5. Secured Party hereby timely accepts the offer to contract from Respondent and herein state the terms and conditions.

TERMS AND CONDITIONS OF CONTRACT

6. If Respondent chooses to trespass on or interfere, in any manner whatsoever, with the private contract between Benda and Secured Party, #3001, then he agrees to compensate Secured Party for $100,000.00 within ten (10) days.

7. In the event respondent does not deliver $100,000.00 to Secured Party within ten (10) days as agreed to in this contract, Respondent agrees to compensate Secured Party for triple damages or $300,000.00 thereafter and may be subject to involuntary bankruptcy in his private capacity to settle the account.

8. In the event Respondent withdraws his offer to contract within 10 days, then this contract will become void and Secured Party will not proceed with the enforcement of the above terms and conditions.

It has been said, so it is done.

Signed and sealed this ____ day of _____________, 2003.

. __________________________

John Henry Doe

Arizona )

) ss ACKNOWLEDGEMENT

Pima county )

As a Notary Public for said County and State, I do hereby certify that on this _____day of ____________

2003 the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:

_____________________________ _____________________

Notary Public My commission expires

Bird · #5 05-03-2004, 04:30 PM

RPIARD was already sent out once I suspected they had not yet dropped the issue.&Now I have decided&not to consent to the arbitration via a conditional acceptance of their offer upon proof of some claims. e.g., upon proof of claim that:

SHYSTER ATTY INC. has provided the requisite in accordance with the Fair Debt and Collection Practices Act.

that the debt has not already been discharged.

that I signed a contract agreeing to arbitration.

that SHYSTER ATTY INC.&is not subject to HJR 192, etc.

And of course, an affidavit in support will be included.