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NAF Award  
Old 09-07-2008, 09:31 AM   #1
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I am in KY. I sent a dispute letter to Mr. Credit Card in 11/06 and did not recieve a reply. Since then Mann-Bracken sent a notice of arbitration and I sent documents opting out of this process and recieved no response. Then I recieved a notice from the NAF concerning a hearing in front of their judge I sent a letter to the NAF opting out of this process. Now the NAF has me in court trying to get an award on this account. The NAF has not responded to any of the questions I have sent to them. I have hired an attorney but I am not sure they know how to defeat this. A hearing is scheduled in a couple of weeks where all the evoidence on both sides will be looked at by the judge. My attorney says this was an oral agreement what is the difference according to KY law on oral agreement and written contract. Please advise.

Slimmy
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Re: NAF Award  
Old 09-07-2008, 11:56 AM   #2
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Quote:
Originally Posted by slimmy View Post
I am in KY. I sent a dispute letter to Mr. Credit Card in 11/06 and did not recieve a reply. Since then Mann-Bracken sent a notice of arbitration and I sent documents opting out of this process and recieved no response. Then I recieved a notice from the NAF concerning a hearing in front of their judge I sent a letter to the NAF opting out of this process. Now the NAF has me in court trying to get an award on this account. The NAF has not responded to any of the questions I have sent to them. I have hired an attorney but I am not sure they know how to defeat this. A hearing is scheduled in a couple of weeks where all the evoidence on both sides will be looked at by the judge. My attorney says this was an oral agreement what is the difference according to KY law on oral agreement and written contract. Please advise.

Slimmy
Here are some opinions to read that may help you and your attorney. Two involve arbitration cases in KY and the third case is from PA laying out what is required to beat arbitration if KY has similar rules and statutes. The 4th attachment spells out what evidence is required for a written contract to exist in KY. The 5th case is from Illinois which has an excellent example of what an "oral" or unwritten contract is versus a written one.
Attached Files
File Type: pdf media.1058.pdf (1.93 MB, 10 views)
File Type: pdf media.1171.pdf (123.7 KB, 4 views)
File Type: pdf Dunlap v Berger.PDF (93.7 KB, 4 views)
File Type: pdf Order 7-25-08.pdf (1.84 MB, 6 views)
File Type: pdf Ramirez v Palisades.pdf (39.6 KB, 9 views)
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Re: NAF Award  
Old 09-07-2008, 02:03 PM   #3
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I've moved this to the arbitration forum where it should get more attention.
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