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CACV Lifting Stay so NAF can Proceed with Abritraiton

Date: Sat, 04/12/2008 - 19:17

Submitted by thegame_45
on Sat, 04/12/2008 - 19:17

Posts: 7 Credits: [Donate]

Total Replies: 3


I dealt with these guys last July after they sent stuff to the National Arbitration Forum. I though they were done with. I got them off my credit report, and everything was good, well today I got a letter from the NAF saying the stay had been lifted and they are going ahead with the Arbitration.

Anyone get this, and what did you do to get them to leave you alone. Thanks


Welcome back, I just viewed your last post (took some time to look up) I'm guessing you sent them a debt validation letter. I would do as Cajun Bulldog suggested previously and send them written notification that you refuse to arbitrate and request to be taken to court.

If they have yet to provide validation then you can request validation during the discovery phase (if taken to court) otherwise you can point out in arbitration that you had requested validation over a year ago and have yet to receive it.

Tell them you cannot confirm nor deny the debt as you do not have sufficient knowledge of the debt in question. Thus the reason you requested validation of the debt.

If they do not come to court/arbitration with validation in hand then motion for the claim to be dismissed with prejudice as they have no grounds to show that they are legally entitled to collect.

Additionally if they do bring some kind of proof and it's manufactured in house either at the law firm or at the collection agency inform the plaintiff's council that this information must come from the original creditor to suffice.


lrhall41

Submitted by JCEMT on Sat, 04/12/2008 - 19:33

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Additionally you can challenge the chain of custody of the debt, requesting a assignment contract (if they are managing it and the original creditor still owns it) or a bill of sale starting where this agency purchase it going all the way back through bills of sale to each agency that had ownership of it all the way to the original creditor. Lastly if the bills of sale can be presented you can request depositions (sworn statements) from people who have first hand knowledge of the validity of the bills of sale.


lrhall41

Submitted by JCEMT on Sat, 04/12/2008 - 19:39

( Posts: 2934 | Credits: )