Date and response HELP

ilovemydogs · 12-03-2007, 05:25 PM

Received a letter from NAF dated TEN DAYS before I received it. I was to answer within TEN DAYS.
I sent off a letter like...This is in response to your letter dated XXXX and that is to be responded to within TEN DAYS, however I received this letter XXX which is TEN DAYS from the date of letter, so how the heck could I respond within ten days!!!!!
Anyway I responded and I now get back a letter that my request was denied as it was UNTIMELY! So what can I do ? Anyone have any rules on this? I need to send back a letter tomorrow morning.
I really am getting railroaded.
ILMD

roybean · 12-03-2007, 05:39 PM

What's the post mark on the letter?

ilovemydogs · 12-03-2007, 05:54 PM

Quote:

Originally Posted by roybean

What's the post mark on the letter?

The day after. While I do not believe there was any funny business as to when they sent the letter, I did not get the letter until the 10TH day, and there is no way to get a letter sent first class mail clear across the country within several days at the earliest anyway.I have not gotten any of the letter from NAF any earlier then 5 days from date.

There MUST be a rule that says you do not go by the date of the letter but by when it is received, and clearly one should have a time frame of several days more to respond if law is that is is from the time the letter was sent, as no way would one have TEN DAYS to respond in ANY snail mail situation.

roybean · 12-03-2007, 06:15 PM

Have you looked at the arbitration act? Specifically 12(a)(5)?

Find your state and I'll see what else I can find.

Donate to the Legal Information Institute

roybean · 12-03-2007, 06:23 PM

You are doing right by not ignoring this and don't let them make you panic. Even if they go thru with this and you have continually denied arbitration, you have 90 days to vacate or modify. It hasn't been held yet, right? Make sure you attend and raise any and all objections you have to the arbitration so that it is on file.

Look aslo here:
December 2003

roybean · 12-03-2007, 06:32 PM

See Loung v. Circuit City in case law and I'll do some looking for you later on tonight.
Loung v. Circuit City

ilovemydogs · 12-03-2007, 06:48 PM

Quote:

Originally Posted by roybean

Have you looked at the arbitration act? Specifically 12(a)(5)?

Find your state and I'll see what else I can find.

Donate to the Legal Information Institute

No I have not looked at it, but I will.
ThANKS

roybean · 12-03-2007, 06:50 PM

See this too:
RICHARD C. YOUNG & CO., LTD., Plaintiff v. MORRIS LEVENTHAL

ilovemydogs · 12-03-2007, 06:52 PM

Quote:

Originally Posted by roybean

You are doing right by not ignoring this and don't let them make you panic. Even if they go thru with this and you have continually denied arbitration, you have 90 days to vacate or modify. It hasn't been held yet, right? Make sure you attend and raise any and all objections you have to the arbitration so that it is on file.

Look aslo here:
December 2003

Now this is NAF and there is no attending as it is a document hearing. At present I denied the arbitrator and they are still going ahead with it.
I am worried about sewer service and default judgment once NAF awards .
I also have contacted the arbitrator even though it is against NAF rules.
So when the award comes and then they try for judgement in real court, what can be done?
I think I need a lawyer : (
ILMD

roybean · 12-03-2007, 07:00 PM

If they do get an arbitration award the creditor has to file for confirmation and you have [Depending on your state because Calif. allows 100 days] 90 days to modify or vacate...what I said above and go to the links I placed.

It may be too early to obtain an attorney unless you want a big bill, but you can always ask for advice. Just make sure you keep objecting.

Look at the RUAA and UAA.

ilovemydogs · 12-04-2007, 09:11 AM

Quote:

Originally Posted by roybean

If they do get an arbitration award the creditor has to file for confirmation and you have [Depending on your state because Calif. allows 100 days] 90 days to modify or vacate...what I said above and go to the links I placed.

It may be too early to obtain an attorney unless you want a big bill, but you can always ask for advice. Just make sure you keep objecting.

Look at the RUAA and UAA.

How about Massachusetts?
As for a lawyer, I am going to need one for all the interest and lawyers fees CACV has put on this thing IF and WHEN they get their NAF award. I am going to be going away and do not want any default judgment happening so need to have my bases covered.
I am going to send off a letter though stating that reasonably one should expect a leeway of several days of sending a letter and receiving it, and then responding.
I did such, and here is my CRRR letter sent and when NAF received it, and when I got it back.
I just wanted to have some sort of ruling that a 10 day response means when received not when dated.
As for me contacting the NAF arbitrator there must be a ruling for this, as I did read NO CONTACT with arbitrator, BUT I was not going to let that happen as I wanted the arbitrator to know I declined arbitration and him.