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Re: National Arbitration Forum (HOW TO GET'EM OUT YOUR BACK)
Posted by Carlos.- on 7/01/07

    When you get the first notice about the arbitration you answer with this

    ....

    FROM:
    Cristina D Portill
    32845 Gracie Ln.
    Plaquemine, LA 70764

    Re: Account # xxxxxxxxxxxxxxxxxx

    TO: xxxxxxxxxxxxxx
    xxxxxxxxxx
    xxxxxxxxxxxxxxx
    xxx

    yourcityname, June 09 2004


    To whom it may concern,

    The undersigned hereby refuses and objects to participation in any arbitration
    process for the following reasons.

    (1) There were no existing or legitimate disputes between the parties at the time
    the claimant made the attempt to include any arbitration provision in any
    purported agreements.

    (A) Additionally, if this clause was part of any original written agreements
    between the parties, it violates House Resolution 5162 which amends Title 15 USC
    1601 of the Consumer Credit Protection Act.
    (B) It also violates amendments to the Federal Arbitration Act (S. 192) which make
    pre-dispute mandatory arbitration agreements in consumer credit contracts invalid
    and unenforceable.
    (C) Additionally, H.R. 1054 and 3607 that amend the Truth in Lending Act make pre-
    dispute mandatory arbitration agreements between a lender and consumer void and
    unenforceable.

    (2) In addition, any arbitration forums chosen by the claimant are unfair and,
    unconstitutionally violate respondent's rights to due process and they constitute
    an unfair trade practice as recently established by the California Appellate
    court.
    (A) "The arbitration agreement in a credit cardholder agreement is unconscionable
    and unenforceable, to the extent it prohibits class treatment of small individual
    claims, where presented as a 'take it or leave it' clause with no opportunity for
    negotiation" Szetela v. Discover Bank, No. G029323 (Cal. 4th App. Dist. April 22,
    2002)
    (B)The purported arbitration clause is not enforceable because it unconscionably
    requires the respondent to arbitrate in a distant state under an organization and
    rules designed to favor the purported lender.
    (a)Patterson v ITT Consumer Financial Corp., 14 Cal. App. 4th 1659, 18 Cal Rptr 2d
    563 (Cal App. 1993)
    "The claimant has no authority to unilaterally change any terms of any agreements
    that may or may not exist between the claimant and respondent. The post-agreement,
    unilateral arbitration clause is unenforceable because it exceeds the unilateral
    right of one party to make subsequent, substantive, changes to the agreement,
    violates the implied covenant of good faith and fair dealing and because the
    resulting jury waiver was not unambiguous and unequivocal, as required to waive a
    constitutional right."

    (3)In addition,mandatory arbitration may not be imposed without the MEANINGFUL
    consent of BOTH parties.
    (A)The United States Supreme Court has repeatedly stressed that arbitration under
    the [Federal Arbitration Act (F.A.A.)] is a matter of consent, not coercion.
    (a)Allied-Bruce Terminex Co. v. Dobson (1995) 513 U.S. 265, 270;
    (b)First Options of Chicago, Inc.
    v. Kaplan (1995) 514 U.S. 938, 944;
    (c)Mastrobuono v. Shearson Lehman Hutton, Inc. (1995) 514 U.S. 52, 55-56;
    (d)Volt Info. Sciences, Inc. v. Board of Trustees (1989) 489 U.S. 468,
    478.
    (e) AT&T Tech., Inc. v. Communications Workers (1986) 475 U.S. 643, 648:

    (4)A party cannot be required to submit to arbitration to any dispute which he has
    not agreed so to submit.

    I therefore reiterate, I refuse to accept arbitration and dispute your claim in
    it's entirety.


    Sincerely,

    Francisco Lorin Colorado


    ..........................

    Have to send two copys, one to the debt collector who started it an other to the
    arbitration organitation, Certified mailreturn receip requested and save the
    receips you'll need them.

    After a few day you'll get a letter fron the NFA o whoever is supossed to do the
    arbitration telling you that due to theirs rules they are going to arbitrate
    anyway.
    You send them back this

    ...............
    From: Cristina xxxxxxxxx
    777777 Gxxxxx Ln.
    ccccccc, La 70800

    June 17, 2004
    TO: National Arbitration Forum
    P.O. Box 50191
    Minneapolis, MN 55404-0191

    RE: NCO Portfolio Management, Inc. V Cristina xxxxxxxx
    File Number FAxxxxxxxxx


    I have received your letter of June 15, 2004, I did include a copy for
    your convenience.


    Really I do not know anything about your rule number 6 or 13 but as a
    proof of delivery to NCO Portfolio Management there is a copy of the US Mail
    Service’s recipe signed for somebody from the company, I hope this will be enough,
    because if your organization insist on issue and award without my consent we will
    have to settle this matter in court.


    Sincerely

    Cristina xxxxxxxxxxxx


    .....................

    Again certified with receip requested.
    That did the trick for me, they new that after this correspondence if they issued
    an award I could sue them and win so they just started with the phone calls
    again.... until I send them one of this

    .......................................

    Acc# #################
    Certified Mail
    Return Receipt Requested October 28, 2004

    To: Trauner, Cohen & Thomas, L.L.P.
    Or, Crow Asset Management, LLC
    2880 Dresden Drive
    Atlanta, Georgia 30341

    Pursuant to Title 15 USC, section 1692c, please cease all further telephone
    communications with me concerning any debt owed. This is your written notice.
    Please also be aware that I hereby reserve the right to tape record any further
    telephone communications I may receive from you.

    Very Truly yours

    Cristina xxxxxxxxxxxxxxx

    .........................

    And that was it NCO is gone. Only a few letters in the mail every year ofering a
    settlement.

    Hope somebody find this usefull, I really hate those guys.

    Carlos.-

     
     

 
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