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goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

Subject: Arbitration
 
Posted on Sun Nov 04, 2007 2:50 am  

Has anyone went through arbitration?
goodnatured



Joined: 03 Nov 2007
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538 Magic Points

 
Posted on Sun Nov 04, 2007 1:09 pm  

I have posted this question on a few different webpage forum and getting no answer. Arbitration is not new, just must not be popular. I will post my experience once I get through it, maybe it will help someone else out.
Laura

Laura

Joined: 21 Jun 2007
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36459 Magic Points

 
Posted on Mon Nov 05, 2007 10:57 am  

Could you please inform as to why you are going through arbitration? Just want to know the case in order to reply case specific. Smile. Im not a lawyer just interested in whatever goes on in the credit industry.
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Regards,
Laura.
goodnatured



Joined: 03 Nov 2007
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538 Magic Points

 
Posted on Mon Nov 05, 2007 11:44 am  

I had a credit card that was purchased by a collection agency, the original amount was $2000, I recieved a summons in December 06, I offered them $2000 cash and they refused it. I requested that they validate the debt and prove they own it, them not accepting my offer was irritating because I know they purchased it for much less and are not representing the original creditor.
So, now, almost a year later it is going into arbitration.
debtstinker



Joined: 03 Nov 2007
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3 Magic Points

 
Posted on Mon Nov 05, 2007 4:29 pm  

Wow! they didn't settle for your cash settlement?? that's crazy, i hope that you have proof of them not accepting this as that is on their end not yours. oh what a nutsy company, maybe you could pm me good and let me know what company that is just out of curiosity. i guess they validated it or else they couldn't continue with the arbitration route?
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

 
Posted on Mon Nov 05, 2007 5:29 pm  

No they never did validate, there is all kinds of issues here. I have all the proof of everything I offered. I sent everything certified mail, return reciept requested and filed a copy of everything at the prothonotaries office at the courthouse. I have definately covered my behind with these guys, I am hoping that the arbitration team will at least let me speak as to what has happened over the last year.
debtstinker



Joined: 03 Nov 2007
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3 Magic Points

 
Posted on Mon Nov 05, 2007 11:54 pm  

oh certainly they should, i would hope! please keep in touch with us and let us know how you're doing. good for you for backing yourself up!
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

 
Posted on Tue Nov 06, 2007 1:24 am  

I am only doing what I think is fair, I made a pretty descent offer and they blew me off. So we will see what happens, when it happens, should be soon.
CreditGrantor

CreditGrantor

Joined: 01 Sep 2007
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2570 Magic Points

 
Posted on Tue Nov 06, 2007 3:24 am  

All I know is that arbitrators are usually retired judges. Their decision is usually binding, and very hard to reverse. I'm not sure where you go to an arbitration hearing, because it's outside of court. Hopefully they don't make you drive too far.
Laura

Laura

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36459 Magic Points

 
Posted on Tue Nov 06, 2007 6:00 am  

Good natured why dont you get in touch with a lawyer immediately? It is very important to do so. naca.net has some really good resource.

They dint validate your debt, they dint accept the cash you offered. I think there has been violation of FDCPA. Sincerely speaking you should take legal help.
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Regards,
Laura.
goodnatured



Joined: 03 Nov 2007
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538 Magic Points

 
Posted on Tue Nov 06, 2007 8:39 pm  

I know the arbitration panel will be three local attornies that are still active in the community. As far as the naca.net their is not a local attorney or with in a reasonable distant on the list for the state, I will go it alone as I had through out this whole process.

What I would really like to know is the steps or should I say process, will I get to give my side of it, is there discussion or is it just a decision being made. I want them to hear the laws that they have violated. The problem is, they are not state laws, they are federal laws and this arbitration falls under state jurisdiction.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

 
Posted on Tue Nov 06, 2007 8:41 pm  

ok, it took the post two times once under being signed in and once as guest, that is really goofy. oh well you guys, please ignore one of them.
Laura

Laura

Joined: 21 Jun 2007
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36459 Magic Points

 
Posted on Wed Nov 07, 2007 4:24 am  

I do not have much legal knowledge but is it not right that federal laws preempt state laws? This is just a question posed. I think it does happen in certain instances but not sure whether it holds true for all the laws.
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Regards,
Laura.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

 
Posted on Wed Nov 07, 2007 11:19 am  

I have everything, a whole stack of non cooperation from these guys, even their correspondance has been very unprofessional. Some done in bright blue marker, I have word processed everything that I have sent to them. I filed everything that I have sent them with the prothonotaries offices at the courthouse, I doubt they did the same, but I will make copies for the panel.
Laura

Laura

Joined: 21 Jun 2007
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36459 Magic Points

 
Posted on Thu Nov 08, 2007 6:23 am  

Sure keep all the filings ready before you submit it to the panel. When is the arbitration?
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Regards,
Laura.

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