Help, Praecipe for Arbitration in the mail

I am here i am here! Remember just the other day i told u CACH "never" goes away? SIGHS!
I don't have a clue what that means though! We obviously don't have arbitration here.
What does it say?
ANg

You might want to seek legal consultation on that, while arbitration is (to the best of my knowledge) not something that you would have to attend (like a court summons) however findings/agreement reached in arbitration can be held up in a court of law. Whom is the arbitration going through? Some CA's will actually try to setup arbitration through a arbitraitor that is affiliated with their organization (which constitutes a conflict of interest as it is supposed to be a neutral entity, if I remember correctly)

Why don't you try to PM Lawstudent, he/she might be able to offer you some idea on what you should do next. Hang in there someone will be along to assist you:) Just an idea?

ladybug

Usually arbitration proceedings are commenced with the filing of a summons and complaint then stipulated to after discovery is complete. However, tread lightly, because they can Motion to confirm an arbitration award, which is a court order.

I am going to call the courthouse and speak to the prothonotaries office today. These jerks never honored my discovery request, they blew off every debt validation request I sent them. But what really peeved me off is when they sent back the discovery stating that Quote: "Defendant has no right to the information" when I requested they provide me with information that they used in coming up with the total.

I will also email law student. Ang, as far as I have read, Pa has arbitration where 3 individuals sit down and go through the process. I hope that they will hear my side and look at everything that I have requested and not recieved. These individuals are appointed by a judge in my local jurisdiction, this is how I think it works but will call the courthouse today to find out. It just says quote "Kindly place the above-captioned matter on the next available arbitration list"

So if i'm understanding correct, u go to arbitration first and if u can't work it out then court?? But how can they get arbitration when they have NEVER answered u?? Doesn't seem right!!
How can defendant have NO RIGHT to this information??? WTH?? Sounds like BS to me!
Let us know how the call goes fed,
Ang

Fedupinpa, please be careful that they are not setting you up by bringing you into arbitration with a affiliate company, or a company affiliated with CACH (conflict of interest)

ok, guys, called the prothonotaries office, couple of things.
1. They did file this but did not submit payment along with it, she said that she will not proceed with payment. So this makes me wonder is this another ploy of theirs to get me to call and agree to something. anyways..........

2. She also told me that when and if they send payment that I will be sent and they will be sent a list of attornies from my county. I and they will have to choose three that we do not want on the arbitration board. Once that is complete a chairman will set up an arbitration meeting. So it sounds like their is no risk of conflict of intrest. I told her that I want to be present and that I don't trust their antics, she said that I will be properly notified and that I will have a chance to speak my peace. This makes me feel more at ease that at least I will be heard and that it will be by a group of people that have no one's intrest in mind. However, my concern lies in how much they don't know about debt collection. So when I get the list I will be researching each of the attorny's on it. Work, work, work. I will breath alot easier when this is all said and done, it has been a real pain. Thanks to all of you for all your advice and especially for your support. I will update you when and if they pay and this moves forward or not.

check NACA.net for a attorney with good knowledge in fdcpa law. That will be your best defense. Don't just choose from a attorney that they give you choice on. sounds wierd.

Thanks JCEMT, I emailed buddhibbs.com and they told me the same thing about naca.net

They still have not sent the funds in for this to move forward. I am thinking that it is just another scare tactic.

Fedup- Watch WW&R, they don't tend to play good with others :lol:

If you dont mind me asking- how much was the debt they are talking about? You said you have been dealing with them since Dec.? The reason I am asking is, I have also been dealing with them-they aren't fun to deal with!

I may have missed it, but have you been sending payments in since Dec., or just trying to reach a settlement?

Take any and all documentation, including what they have said in phone calls with you when you go to arbitration..Good Luck..karen :D

Bossy, this all started with a summons in dec 06, they bought my providian account that was originally $2000. They want $2874, when I first got it, I called them and offered $2000, straight out cash, they would not accept it, but offered me a judgement by consent, I looked at it this way, accept the $2000 or go away. Well they refused. So then I told them, they could validate the debt and follow the legal procedure, they should have taken the money when I had it to offer. I don't think they paid that much for the debt. I refused to make any payment and have not. I sent them 3 dv letters all certified, they would send me garbage like a copy of the bill, a bogus affadavit, etc. Nothing truly validating the debt. I filed a copy of everything with the prothonotaries office each time I did it. I requested the evidence through discovery, since they did not provide it through validation. They wrote back in blue sloppy pen "Defendant is not entitled to the information", I got this praecipe in the mail and called the prothonotary, they will not do anything until these fools pay the fees to move on. I think it is just another scare tactic. I have not paid them a dime, nor do I intend to until we have our day in court and I can through this stack of non cooperation in front of someone who matters. I paid or 3 or 4 old debts last year, these guys are the only ones that play silly games like this. I am not going to pay this debt just because they say I owe it. they will prove it first, I may win, I may lose, but at least I am giving it my best shot. Sorry to ramble, but these guys are on my last nerve!

I know what you mean- they are ruthless! So you got a summons in December? Had you been dealing with them before the summons, or did they do that right from the beginning?

IS this a summons for a court date? The reason I am asking- they threaten all sorts of things.

They told me that they were adding one hundred dollars a month interest-I told them to add away!..KAren

I had been dealing with cach for about a year before that, I never gave them a dime because they would not give me a lower amount. The summons had no court date, everything that comes from them is in such generic form, they don't follow through, they answer my requests in the most unprofessional manner. I don't have a court date. I would rather go to court and expose these jerks than give them a dime of my money. I don't have it to give to them right now anyway, they should have taken it while I had it. I have an entire file of junk that we have went back and forth on. It is quite tiring actually. I have learned alot about debt and court and such from this experience. At least it is something that I can pass on and help another. goodluck

thanks fedupina for your story all here will benefit I am sure!

Bossy, when did your contact with them start?

I can't exactly remember with WW&R-but with LVNV, it will be 2 years in Jan. :shock:

They passed it around to their many agencies and we went through the DV,they wouldn't validate,sent it to another until we have been dealing with WW&R.

I think I have been dealing with them at least 6 months, maybe more.
..Karen

The will probably start playing the "we are gonna sue you game in about 6 months. Pay attention to what they do very closely. Keep copies of everything and answer everything via certified return reciept. These jokers don't play by the rules at all.