Posted on: 04th Nov, 2007 05:19 am
I am gonna go through an arbitration, I have one more old credit card left and this one is really being nasty. Has anyone been through arbitration before?
Yes, and depending on the arbitration organization/company, it can be VERY nasty.... and one sided to boot....
Who is the company? If I may ask...
Who is the company? If I may ask...
It is not an arbitration company. In Pennsylvania, they pick three attornies for a panel, the attornies are local to me not the collection agency. Will they listen to me during the arbitration? What was your experience if you don't mind me asking.
The collection agency has a lawfirm that has not cooperated with me from the beginning, I have documentation that I sent to them via certified mail return reciept requested, they have flat out refused to cooperate with me. I am entitled to a detailed summary of the payments that they have said I made that I did not make, I don't have proof because I did not make the payments. They sent me a reply stating "defendant has no right to the information" I am hoping that the arbitration attornies will look at things like this. Is there anyway of walking out of an arbitration winning?
I look forward to your response, please be as detailed as possible, you are the only one who has responded to this question and I have posted it on several forums, I really do appreciate any insight you can give me.
Well, it sounds like yours is court appointed...In my case it was self appointed. Meaning the collection agency decided in order for them to win they had to force it through NAF.
If I were you... I would get an attorney. Even if he/she doesnt represent you, they could at least give you some advice on how to prepare for the dang thing. Or, they could point you in the right direction of finding an attorney who can handle such a case. Try looking at naca.net (MODS. if I can't post this site please delete).
One of the things I learned from experience is you can only go pro se for so long. Perhaps this is the time. Only you know that.
The thing I would do is get a copy of ALL my bank states and ALL my credit card statements. Anything that could be used to pay a bill..
You said, "They sent me a reply stating "defendant has no right to the information"." Well, that is total BS.... I would find a way to challenge that in a heart beat.
So, get a lawyer FIRST....and in the meantime gather any and all documents that could pertain to the credit card.
If I were you... I would get an attorney. Even if he/she doesnt represent you, they could at least give you some advice on how to prepare for the dang thing. Or, they could point you in the right direction of finding an attorney who can handle such a case. Try looking at naca.net (MODS. if I can't post this site please delete).
One of the things I learned from experience is you can only go pro se for so long. Perhaps this is the time. Only you know that.
The thing I would do is get a copy of ALL my bank states and ALL my credit card statements. Anything that could be used to pay a bill..
You said, "They sent me a reply stating "defendant has no right to the information"." Well, that is total BS.... I would find a way to challenge that in a heart beat.
So, get a lawyer FIRST....and in the meantime gather any and all documents that could pertain to the credit card.
First off, I want to thank you for your time on this matter, this is the first real conversation that I have had with someone who has been through it. The whole thing has been a bunch of crap since the beginning, they have violated the heck of the collection laws. I am wondering if there is room for this discussion in the arbitration. Can you tell me step by step or in a little more detail what happened when you went into the room until it was over.
Well, I never went to mine... They barred the parties.. How can one defend themselves when you arent allowed in the arbitration hearing is beyond me. But thats how many collection agencies work (the slimy ones at least).
Yours sounds different... That's why I would get a lawyer so you are not railroaded in there.....
Yours sounds different... That's why I would get a lawyer so you are not railroaded in there.....
The good thing is that these attornies that are sitting on the arbitration have no connection to either of us. I did a little research on each of them because I had to chose one to eliminate. They are all criminal and family law attornies that don't have any practice debt. This could be good or bad, either way, I hope they will at least listen to my side of the story. I really can't afford an attorney right now. It is either my house payment or an attorney, my house payment has to win.
Well, I don't know why I didnt think of this b4....duh!!
Go to you local courthouse where the arbitration is scheduled... See if they have some sort of layout.. outline how the procedures work there... They may have one and they maynot..... but its worth a try..
Also, see about consumer help... Check with the site I mentioned above and look up some laywers...
Ask your court to help you as well to find lawyers that may allow getting paid on a sliding scale. THe folks at the court house WILL NOT give out legal advice of course... But they can at least help point you in the right direction...
Go to you local courthouse where the arbitration is scheduled... See if they have some sort of layout.. outline how the procedures work there... They may have one and they maynot..... but its worth a try..
Also, see about consumer help... Check with the site I mentioned above and look up some laywers...
Ask your court to help you as well to find lawyers that may allow getting paid on a sliding scale. THe folks at the court house WILL NOT give out legal advice of course... But they can at least help point you in the right direction...
The have been awesome at the courthouse from the start, they have told me how to file paperwork. I guess the collection agencies suing folks is becoming more common, they don't seem real fond of it.
I will call today and see if there is a layout or procedure that explains how it all goes down. I really do appreciate your conversation in this matter, it does not seem to be a popular subject and very hard to get some feedback on.
I will call today and see if there is a layout or procedure that explains how it all goes down. I really do appreciate your conversation in this matter, it does not seem to be a popular subject and very hard to get some feedback on.
Hello sundevilsfan,
Your posts are really helpful and informative.
I have a query. Could you explain what is NAF? How does it work?
Your posts are really helpful and informative.
I have a query. Could you explain what is NAF? How does it work?
Hi Jbarto and Sundevilsfan,
I haven't ever been through arbitration but whatever you guys discussed has been great stuff of inromation. If ever in near future I do come across such a situation, this is really going to help. Real life experiences does matter a lot when it comes to advising people in trouble.
Take Care
I haven't ever been through arbitration but whatever you guys discussed has been great stuff of inromation. If ever in near future I do come across such a situation, this is really going to help. Real life experiences does matter a lot when it comes to advising people in trouble.
Take Care
Oh Sara, this whole process has been a pain in my back side. It seems to be never ending. I know I should not be looking forward to an arbitration but I am worn out and needs some results here, good or bad. I need this to end so I can move on with my life. I had a few past accounts that got away from me, I have since paid them all of except this one, they just have not been cooperative at all. I do appreciate all the help and support from all of you.
Hey jbarto,
One of the first things I should have mentioned was that there has to be an arbitration agreement btw. two parties prior going to arbitration. Just because one party says there is one doesn't mean there is one... PERIOD
This is when it gets kinda tricky. This is when you need the orginal application that you filled out when you applied for the card... See if you can obtain it from the Credit Card Company....
Just a note on this, MANY MANY MANY times a person will have a card for X amount of years. Several years in fact. Then the card company will slip in the arbitration agreement when they put a bunch of adds in with the bill. Basically, in a nut shell, you have 30 days to tell them no... If you don't respond, then it automatically is put into place. This was common back mid 90's on.. Today, the arbitration agreement is often on the application. But in small print. Anyway, find out the agreement. They might try to submit a copy of a arbitration agreement. Ok, if they do that, then ask for the original application with your signature. If they can't do that, which 9 times out of 10 they can't, then they are trying to pull the wool over your eyes with the agreement crap.
What is the SOL on the card? When was the last payment you made on it. NOT what they say. What does your credit report say on it as last payment? This is how you determine your statue of limitations. In PA, the SOL is 4 years.. So, in short, if your last payment, for example was in May 2002... Your account passed the SOL in May 2006. Whenever your last payment was you add 4 years.....
Just somethings to think about.....
Sorry for the ramblin...
One of the first things I should have mentioned was that there has to be an arbitration agreement btw. two parties prior going to arbitration. Just because one party says there is one doesn't mean there is one... PERIOD
This is when it gets kinda tricky. This is when you need the orginal application that you filled out when you applied for the card... See if you can obtain it from the Credit Card Company....
Just a note on this, MANY MANY MANY times a person will have a card for X amount of years. Several years in fact. Then the card company will slip in the arbitration agreement when they put a bunch of adds in with the bill. Basically, in a nut shell, you have 30 days to tell them no... If you don't respond, then it automatically is put into place. This was common back mid 90's on.. Today, the arbitration agreement is often on the application. But in small print. Anyway, find out the agreement. They might try to submit a copy of a arbitration agreement. Ok, if they do that, then ask for the original application with your signature. If they can't do that, which 9 times out of 10 they can't, then they are trying to pull the wool over your eyes with the agreement crap.
What is the SOL on the card? When was the last payment you made on it. NOT what they say. What does your credit report say on it as last payment? This is how you determine your statue of limitations. In PA, the SOL is 4 years.. So, in short, if your last payment, for example was in May 2002... Your account passed the SOL in May 2006. Whenever your last payment was you add 4 years.....
Just somethings to think about.....
Sorry for the ramblin...
Hey jenkin7,
Thanks for the PM and compliments... I have been as a one legged man in a tail kicking contest... Im closing on a house and I work 12 hour days so I am not always around....
Anyway, to answer your question. NAF is National Arbitration Forum.
What is it? It basically is a kangaroo process for the various collection agencies to RAM through cases so that it all looks offical (in the courts eyes sometimes) and also used as a scare tactic to get a person to pay.
It basically is a paid judgement against you. I went round and round with them... and basically lost.. which is fine with me... cause I will sooner or later take them to court and will get $$ from them for their fraudulant practices against me...
You can research the web. You will find that they are under HOT water for giving "paid" judgements for collection agencies against inocent people. There is a former "judge" that worked for them who turned against them and testified how corrupt they are....
If you ever have to deal with them... make sure you deny everything.. Also, dont play by their rules... DO NOT respond to them using their forms that they provide on their web site. That is just giving into them and their trap..... They are very wicked and vicious....
Thanks for the PM and compliments... I have been as a one legged man in a tail kicking contest... Im closing on a house and I work 12 hour days so I am not always around....
Anyway, to answer your question. NAF is National Arbitration Forum.
What is it? It basically is a kangaroo process for the various collection agencies to RAM through cases so that it all looks offical (in the courts eyes sometimes) and also used as a scare tactic to get a person to pay.
It basically is a paid judgement against you. I went round and round with them... and basically lost.. which is fine with me... cause I will sooner or later take them to court and will get $$ from them for their fraudulant practices against me...
You can research the web. You will find that they are under HOT water for giving "paid" judgements for collection agencies against inocent people. There is a former "judge" that worked for them who turned against them and testified how corrupt they are....
If you ever have to deal with them... make sure you deny everything.. Also, dont play by their rules... DO NOT respond to them using their forms that they provide on their web site. That is just giving into them and their trap..... They are very wicked and vicious....