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Re: NAF everyone
Posted by Prairie Dawg on 12/01/07

    Here's one argument that you can use against them. They have studiously ignored it. It
    seems as if the choice of law clause that W&A point to is inoperative in most consumer
    debt arbitrations. But they're thugs.

    Use it with my blessing

    The Delaware choice of law provision in the cardholder agreement is inoperable as a matter
    of Delaware law. It is provided in 6 Del. Code §2708 (2005) dealing with choice of law
    provisions:

    (a) The parties to any contract, agreement or other undertaking, contingent or otherwise
    may agree in writing that the contract, agreement or undertaking shall be governed by or
    construed under the laws of this state….
    (c) This section shall not apply to any contract, agreement or other undertaking (i) to
    the extent provided to the contrary in §1-301c of this title or (ii) involving less than
    $100,000."

    Here's another:

    Consumer arbitration of the "take it or leave it" adhesion contract variety is
    fundamentally so unfair and biased as to eliminate any chance that a consumer in a debt
    collection case has any meaningful rights or the ability to present them in an economical
    manner. See, Deborah Schneider and Michael Quirk, Mandatory Arbitration of Consumer Rights
    Cases, Wisconsin Lawyer, September 2002 (and sources cited therein). Data disclosed by
    First USA in a case challenging mandatory arbitration revealed that the National
    Arbitration Forum found for the bank 99.6 per cent of the time. See, Carolyn E. Mayer, Win
    Some, Lose Rarely? Arbitration Forum's Rulings Called One Sided, Washington Post, Mar. 1,
    2000.

    Use them with my blessing. You might take a look at recent articles in The Wisconsin
    Lawyer about a case called Wisconsin Auto Title, and check on what Senator Feingold is
    doing.

    Best of luck.


    On 12/01/07, Prairie Dawg wrote:
    > They'll have to try and enforce it in state court with a judgment. That means they have
    > to hire a local attorney to get something on file, whether it's a motion to confirm
    > arbitration award or a separate action depending on the state. At that time, you can
    > respond with a vigorous defense. I suggest hiring an attorney to stuff this back down
    > the craphole it came out of.
    >
    > They may even have the wrong person named. But that's not going to stop them, the facts
    > never do.
    >
    > They may try and enforce it in Missouri but that may cause you to have to file an
    > appearance for purposes of contesting the jurisdictional issue.
    >
    > I may be wrong about this but I think that the wind is starting to change here. Senator
    > Feingold is sponsoring a bill to do away with mandatory arbitration of consumer disputes
    > largely because of the efforts of NAF and their thug lapdog 'attorneys' wolpoff and
    > abramson or mccann bracken. There are a lot of district court judges who are mighty
    > angry at these bastids.
    >
    > didja know that the NAF markets their services to the credit card industry by saying
    > that they decide in the creditor's favor better than 99 per cent of the time?
    >
    > Best of luck to you.
    >
    >
    > On 12/01/07, AKA Thaddeous Jones wrote:
    >> On 9/06/07, Doug T wrote:
    >>> Has anyone had problems with National Arbitration Forum not sending notice of the
    >>> arbitration prior to the arbitration and/or not sending notice of the arbitration
    >>> award? I have had two different people tell me that they never received any notice
    >>> from NAF either before or after the arbitration. The only notice they had arbitration
    >>> even took place was a summons to ratify the award.
    >>>
    >>> These both happened in MO - Kramer and Frank is the attorney and NCO Protfolio
    >>> management is the Debt collector
    >>
    >>
    >> My wife received a letter in the mail saying NAF had awarded a company called NACH LLC
    >> $30,000 (Never Heard of CACH LLC nor the $30K, an amount I think I would remember). She
    >> never received a notice about this arbitration prior to it. It also states in the Case
    >> Summary and Decision that she agreed to the arbitration. She never agreed to any such
    >> thing. I have been reading the case law and I am not sure where to file a response so
    > we
    >> have on record that she disputes the award. The federal law is unclear how to proceed
    > in
    >> this matter. We live in Texas so they cannot garnish my wages, take my house or either
    >> of our trucks. They can make a try at our bank accounts but I want to have something on
    >> record that the award is fraudulent in case they try.
    >>
    >> Has anyone received a notice of award and responded to it in some fashion? I know what
    >> to say but do not know who to say it to. It is my understanding that the statutes on
    > the
    >> federal level only allow relief through civil suite. So do I wait until they come to my
    >> home town and file with the county clerk? Can I respond to some official entity to show
    >> proof that we dispute the award and arbitration? Do I just send some certified mailings
    >> to the NAF and CACH LLC?
    >>
    >> Any information on who and what to send in response to the award, we were never
    > notified
    >> of the arbitration, would be greatly appreciated.
    >>
    >> AKA Thaddeous Jones
    >> The Other Thaddeus

     
     

 
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