Filing complaints, does this really work?
Date: Thu, 11/01/2007 - 09:41
Submitted by a1sundevilsfan2
on
Thu, 11/01/2007 - 09:41
Total Replies: 9
Would filing complaints to your (and their's for that matter) state AG, FTC, state bar, and BBB make any difference?
yes but most important is to send written refusal to naf demandi
yes but most important is to send written refusal to naf demanding to go to court.
You cannot simply refuse to go to arbitration. Most credit card
You cannot simply refuse to go to arbitration. Most credit card agreements include a provision for mandatory binding arbitration of disputes between the consumer and the creditor.
As far as I am aware, you must challenge the arbitration with the arbitration forum (NAF, in this case), or you lose the right to challenge it in court.
In general, treat arbitration just like court. You cannot ignore an arbitration claim any more than you can ignore a summons and complaint.
My suggestion is sending a written refusal to arbitrate.A consum
My suggestion is sending a written refusal to arbitrate.A consumer going to arbitration without counsel will almost always lose.You stand a better chance in a court of jurisdiction.
Well, Sam, dont mean any disrespect at all. But NAF and all ot
Well, Sam, dont mean any disrespect at all. But NAF and all other arbitration organizations are a kangroo court type process. Whereas the defendants like me dont have a chance. How can it be fair when the defendant (ME) was denied to participate in this bozo proceding.
So in short, if I challenge them, go along (follow) their procedures by challenging them thru their process, then in my mind I am accepting them as a legitimate organization... Which I WILL NOT.. They are just simply a life line for fraudulant companies, like Phillip Cohen's web of deceit, to live and flourish.
Thank God that they (CACH) did a poor job in my case. They changed acct. numbers, charge off dates and indicated I made payments when I didnt (I know I didn't since I was broke when they said I paid).
But, anyway, sorry for the rant!!
I am just wondering if there are anyone out there who have filed complaints with their local authorities and they actually did something, instead of responding with prewritten statements that basically indicating there is nothing they can do.
Meant to add that they (NAF) awarded this stupid thing back last
Meant to add that they (NAF) awarded this stupid thing back last winter...
In my mind, if this whole thing was legit, that it would already been taken to court to finalize this "award". Which it hasnt, yet.
You have one year to challenge the arbitration. They have virtua
You have one year to challenge the arbitration. They have virtually unlimited time to finalize the award in court. They are most likely waiting for your right to challenge to expire.
If you think you have a legitimate challenge, do it before your time runs out.
Sam, that good information.... even though its not fair for th
Sam, that good information.... even though its not fair for the consumer... thank you for the suggestion
This was pointed out to me in regards to Arbitrations. These ar
This was pointed out to me in regards to Arbitrations. These are statutes here in Arizona...
Quote:
12-1511. Confirmation of an award A party seeking confirmation of an award shall file and serve an application therefor in the same manner in which complaints are filed and served in civil actions. Upon the expiration of twenty days from service of the application, which shall be made upon the party against whom the award has been made, the court shall enter judgment upon the award unless opposition is made in accordance with section 12-1512. 12-1512. Opposition to an award A. Upon filing of a pleading in opposition to an award, and upon an adequate showing in support thereof, the court shall decline to confirm and award and enter judgment thereon where: 1. The award was procured by corruption, fraud or other undue means; 2. There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; 3. The arbitrators exceeded their powers; 4. The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 12-1505, as to prejudice substantially the rights of a party; or 5. There was no arbitration agreement and the issue was not adversely determined in proceedings under section 12-1502 and the adverse party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. B. In declining to confirm an award on grounds other than stated in paragraph 5 of subsection A the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 12-1503, or if the court declines to confirm the award on grounds set forth in paragraphs 3 and 4 of subsection A the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 12-1503. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order. |
Any thoughts?
If you must arbitrate, I know of a few arbitrators that I person
If you must arbitrate, I know of a few arbitrators that I personally use because they are very fair and actually do have a fair appeals process. If you must, then request to arbitrate with JAMS (if in NY, or another state where they operate google 'JAMS' or if you're in NY, NJ or PA request to use a company called Settlement Systems ADR google 'Settlement Systems ADR') JAMS is a very very fair process (I'm an insurance defense attorney and I use them for even BS claims). Do your research, because you do have the right to agree on an arbitrator; I have had a few 'special' (what insurance carriers call them) in which I dealt with a few of these. If you must go to arbitration, you can demand to an agreement to a mutually agreeable arbitrator (at least in NY that is)
