[ilovemydogs]

Well it happened. NAF issued an award against me : (
Now my question is can I make a preampted motion in Massachusetts and how would I go about it? Or should I file a separate suit for injunctive relief? I have 90 days from date of award.
I really need help here guys as this is a biggie.
Any suggestions would be appreciated.
Thanks

[ilovemydogs]

Originally Posted by ilovemydogs

Well it happened. NAF issued an award against me : (
Now my question is can I make a preampted motion in Massachusetts and how would I go about it? Or should I file a separate suit for injunctive relief? I have 90 days from date of award.
I really need help here guys as this is a biggie.
Any suggestions would be appreciated.
Thanks

HELP!

[hannah]

Originally Posted by ilovemydogs

HELP!

Looking for info on this. Will post later if I find what I am looking for.

[hannah]

What I have found so far...

Massachusetts law provides that a court is to affirm an arbitrator's award, or amend or correct an obvious error. In the absence of any such error, the court shall confirm the award as made. Mass. Gen. Laws ch. 251, § 13(b).

All the cases in MA that I have had a chance to look at so far uphold the right to arbitrate if an arbitration agreement exists. You are going to have argue that no such agreement exists with CAVC. That if such an agreement ever existed, it existed solely with the OC and not with any subsequent purchaser of the debt or another argument that makes this point.

Did CAVC attach an arbitration agreement to the NAF complaint?

Was it a signed agreement by you?

When was the debt charged off by the OC?

What state law governed the agreement provided in NAF if any?

I can find no cases in MA so far that have been brought by a JDB. Still looking.

[ilovemydogs]

Originally Posted by hannah

Looking for info on this. Will post later if I find what I am looking for.

OK Hannah
Thanks
ILMD

[ilovemydogs]

Originally Posted by hannah

What I have found so far...



All the cases in MA that I have had a chance to look at so far uphold the right to arbitrate if an arbitration agreement exists. You are going to have argue that no such agreement exists with CAVC. That if such an agreement ever existed, it existed solely with the OC and not with any subsequent purchaser of the debt or another argument that makes this point.

Did CAVC attach an arbitration agreement to the NAF complaint?

Was it a signed agreement by you?

When was the debt charged off by the OC?

What state law governed the agreement provided in NAF if any?

I can find no cases in MA so far that have been brought by a JDB. Still looking.

They attached a piece of a credit card application with no account number and.my signature.

CO was well within SOL.

CACV also had a copy of them buying the account.

I refused arbitration from the get go.
Kept right on refusing and also refused the arbitrators.
They just rolled over me and did what they wanted.

I don't know what state law but assuming because it was an MBNA account, Maryland.

Now what I want to find out is how many cases this arbitrator found for the plaintiff so perhaps I might have something in the way of showing prejudice?

I need to do SOMETHING, as I cannot even comprehend how the award came up to such an amount, as it was 12K more than the amount named in paperwork a few weeks before.

Like I said I NEED TO DO SOMETHING.
I feel that for any kind of leverage if I can get this case dragged on, then I will have more negotiating room, at least before judgement then after if at all... : (

[hannah]

MBNA is Delaware.

Your answer was unclear as to whether they have your sig on an agreement. Do they have your signature or not?

When was the DOLA on this account?

When was the last time you used it?

[ilovemydogs]

Originally Posted by hannah

MBNA is Delaware.

Your answer was unclear as to whether they have your sig on an agreement. Do they have your signature or not?

When was the DOLA on this account?

When was the last time you used it?

What they showed in arbitration was
Two sheets of paper that had *statement* cc number that does not relaated to the one they sent to NAF and all it has on it iis Balance Date and Over Due ( 12/ 2002) Last used was a few month before so I was still in SOL.
Then as far as the other sheet it says on top Personal Request Form My Sig, and underneath My signature means that I agree to the conditions on the reverse side of this form and to be bound by Each of the terms of the CC agreement including Arbitration.
Then it has my SS number .
There is NOTHING on the back of the sheet of paper, and the date is 8/00
The numbers underneath this paper have no relationship either to any credit card I had.
They also have the Affidavit of Purchase '04
Seriously I am floored that they were able to get this award, and I really need to do something.
Looking at the logically I would need to ask WHAT was the agreement on the back of the paperwork?
Where is the account number?
And was the arbitrator prejudiced?

HELP ME !

ILMD

[hannah]

Originally Posted by ilovemydogs

What they showed in arbitration was
Two sheets of paper that had *statement* cc number that does not relaated to the one they sent to NAF and all it has on it iis Balance Date and Over Due ( 12/ 2002) Last used was a few month before so I was still in SOL.
Then as far as the other sheet it says on top Personal Request Form My Sig, and underneath My signature means that I agree to the conditions on the reverse side of this form and to be bound by Each of the terms of the CC agreement including Arbitration.
Then it has my SS number .
There is NOTHING on the back of the sheet of paper, and the date is 8/00
The numbers underneath this paper have no relationship either to any credit card I had.
They also have the Affidavit of Purchase '04
Seriously I am floored that they were able to get this award, and I really need to do something.
Looking at the logically I would need to ask WHAT was the agreement on the back of the paperwork?
Where is the account number?
And was the arbitrator prejudiced?

HELP ME !

ILMD

Perhaps I am just not getting it so please bear with me. Do they have anything that bears your actual signature? And I do need the date you last used the cc if you can find out and the date you last paid it current.

I am trying to help.

[ilovemydogs]

Originally Posted by hannah

Perhaps I am just not getting it so please bear with me. Do they have anything that bears your actual signature? And I do need the date you last used the cc if you can find out and the date you last paid it current.

I am trying to help.

YES they do. Which is a small piece of paper which reads PERSONAL REQUEST FORM like I said that has my signature and underneath sig it has printed about I agree to conditions on the reverse side.
Which there is nothing on the reverse side.
Then it has my SS number.
It does not have anything as far as a CC number as I am assuming this is a part of the application.
What it looks like really is a bottom third of a page.
As for my last charge I don't have that.
The two pages they sent was just a late statement with balance overdue 12/02,and at that time it was late by several months.
I do not know when last charge was done, as I have no paper work on that.
On my CR's it reads DOLA 2/03

[hannah]

Ok. Did you challenge in arb that it was your sig? Did you challenge the amount? Did you challenge anything in their case? Did you answer the arb case and if so, what did you say? I'm needing to find errors in the law here as MA has a history of supporting arb judgments.

[ilovemydogs]

Originally Posted by hannah

Ok. Did you challenge in arb that it was your sig? Did you challenge the amount? Did you challenge anything in their case? Did you answer the arb case and if so, what did you say? I'm needing to find errors in the law here as MA has a history of supporting arb judgments.

They said they were going to send it to NAF. I refused arbitration.
Then I got a letter from 4 years ago and I sent them back my refusal for arbitration.
All of a sudden the thing was stayed for all these years and I hear nothing.
This summer I saw that they put their name on my CR's and also that they put a bogus address on my credit reports.
Unforutnately I opened a can of worms.
I disputed and also called NAF who told me that if I wanted my file I would have to PAY for it. I didn't. I did though a month later get a second notice of arbitration and that the stayed had been lifted.
I sent them back my copy of refusal for arbitration also the fact that JDB had never validated and I again refuse arbitration.
They kept sending me paperwork every few days, I would reply with my refusal.
Then it came to them having an arbitrator.
I refused . They got another arbitrator, I refused. The third arbitrator I refused and all of a sudden an award was issued which was 3 times what the CO was and twice as much as the amount a month before when I saw the second notice of arbitration.
I have not done anything since I got the paper stating they fond for the plaintiff.
I have read that I have 90 days to do what I can. They have to wait 90 days to try to affirm and have up to a year to affirm.
I need to do something, like I said, so at least I can get this dragged on a bit so they may negotiate?
Not sure if I should sue *prejudice of arbitrator* that is why I need to find out how many cases this guy did for NAF and C and how many he found for the plainitff and if any were found for the defendant. (I think not)
UGH
I really need something to come up with.
Oh I NEVER GOT TO CHALLENGE ANYTHING, as never saw anything and it was a done deal. I did no t send them anything as I refused arbitration and the arbitrator since C decided to send it to NAF.
Seriously though I don't think it matters what I did or didn't do as I feel it would have come out the same way. It is a strange trip that NAF...

[hannah]

So you were never sent any notice of any arb hearing?

PM me the name of the arbitrator.

Can you scan the award form and letter and send it by email?

[ilovemydogs]

Originally Posted by hannah

So you were never sent any notice of any arb hearing?

PM me the name of the arbitrator.

Can you scan the award form and letter and send it by email?

I was sent notice of the arbitrator.
I was awaiting notice that they had replaced arbitrator with another, as they had done two times before.
The only notice I got, within no more than 10 days of them sending me the name of the arbitrator and me refusing same day of receiving letter, was the award...
It was a done deal right away.
: (
ILMD

[jlynn]

Originally Posted by ilovemydogs

It was a done deal right away.
: (
ILMD

Somewhere on this site, and I don't remember where is a link to the deposition of an ex-arbitrator. It was an eye opener, and something you should probably find and print out.

[ilovemydogs]

Originally Posted by jlynn

Somewhere on this site, and I don't remember where is a link to the deposition of an ex-arbitrator. It was an eye opener, and something you should probably find and print out.

Thanks Jflynn I will try to find out.
For any of you if you ever have to deal with NAF don't waste your time, as there is NO WAY they are going to find award for you.
Seriously they are a bogus group as far as I am concerned.
I just don't understand the whole thing, as they just do what they want.
ILMD

[ilovemydogs]

Originally Posted by jlynn

Somewhere on this site, and I don't remember where is a link to the deposition of an ex-arbitrator. It was an eye opener, and something you should probably find and print out.

What do you think of this?
I looked up on line and could not find them.
I did find something like C but it was formerly Bonwit Teller.
Do you think I could use this?
WOuld someone go to the Mass site and check it out to see if I missed it?
Thanks a lot.
I really want to do something about this NAF.
I have filed com plaints all around, and while it isn't going to break me if I wind up paying I really would like to get them,so they have to stop all this BS on others as they couuld ruin a life.


FAIR DEBT COLLECTION PRACTICES ACT (LIABILITY FOR FILINGCOLLECTIONS SUIT IN AN IMPROPER VENUE & FILING FOR IMPROPERDEFAULT JUDGMENT)Harrington v. CACV of Colorado, L.L.C., 2007 WL 2452891 (D. Mass. Aug. 30, 2007)Plaintiff filed suit against the Defendant debt collector claiming violations of the Fair DebtCollection Practices Act (FDCPA) arguing that the Defendant’s actions in filing a state courtlawsuit against the Plaintiff were improper. The Defendant had brought a suit against thePlaintiff in order to collect a debt. After the Plaintiff replied to the Defendant’s discoveryrequest, the Defendant moved the Court to default against her, claiming that she had failed torespond. When the Plaintiff informed the Court she had responded, the Defendant moved tovacate the judgment; the Court complied. The Plaintiff then was able to dismiss the collectionsuit because the Defendant was not registered with the Massachusetts Secretary of State as aforeign corporation as required under Massachusetts law. In the Plaintiff’s FDCPA claim, shealleged that the Defendant violated the FDCPA through four acts. First, the Plaintiff argued thatthe Defendant filed the state court lawsuit in the improper venue. Although the Plaintiff’s claimswere dismissed because they were time-barred by the statute of limitations, the Court stilldiscussed the claim because it was relevant to her state law claims. 15 U.S.C. § 1692i requires adebt collector to bring a legal action only in the judicial district in which the consumer whosigned the contract resides. The Court held that because the Plaintiff lived in a judicial district
Page 3
Burr & Forman LLPAugust 2007Page 2that was separate from the one in which the Defendant brought its action, the Defendant was inplain violation of the FDCPA. Second, the Court held that the Defendant’s filing for defaultjudgment was unreasonable, in violation of § 1692f, and constituted a threat to take legal actionthat could not be legally taken, in violation of § 1692e. Because the debt collector had reason toknow that the filing of default judgment was improper, it can be held liable under the FDCPA.For the third and fourth allegations, the claims were dismissed because they surpassed the one-year period for the statute of limitations allowed under the FDC