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TIME is RUNNING OUT Being sued for an account I have never had...HELP Please

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  • itsauntsally
    March 2008 I received an arbitration letter stating that my accountxxxx7649 had been sent to arbitration for settlement. I did not have such an account so I
    Message 1 of 4 , Jul 30, 2009
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      March 2008 I received an arbitration letter stating that my accountxxxx7649 had been sent to arbitration for settlement. I did not have such an account so I ignored it. In September 08 I once again received a 2nd notice of arbitration, I accepted 4 value and returned for settlement and closure. I wanted to stay in honor, however I told them it was not my account, the arbitration process moved forward and like 98.8% of the rest of arbitration cases the NAF found in favor of FIA Card Services. March 08 it was sent to a local attorney who has been granted an arbitration award against me, as well last week they have garnished my wages. I have responded to all of their motions, in May 09 I moved the court for dismissal based on fraud, no proof of being holder in due course with original contract, fraud in inducement, actual fraud, constructive fraud ultra vires acts outside their charter, non disclosure violations of TILA and RESPA laws and no contract to have arbitrated on.

      The case was to be reviewed on 7/1/09 I went on 6/26 to file my response, along with an affidavit of no knowledge of this account, I have never made a payment to it, nor made a charge (no Usage)nor received a statement regarding this account and the arbitration had already been granted 6/24.

      The order to grant arbitration was apparently rubberstamped and granted. I have submitted my intent to appeal as well as motion for reconsideration and asked for a judicial review. I have heard nothing so far on these last filings, filed on last Thursday July 26th but I have to file my appeal by 8/1 to Federal court. I am appealing based on no contract to have arbitrated on. ANY suggestions, I have looked for case law to cite but have not come up with any, Can anyone help with suggestions? PLEASE
      Aunt Sally
    • Tom Jeff
      NAF has volunteered to go out of business as part of a court settlement. Use Google to obtain the info you will need to file the proper court filings. You
      Message 2 of 4 , Jul 31, 2009
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        NAF  has volunteered to go out of business as part of a court settlement. Use Google to obtain the info you will need to file the proper court filings. You could also reopen the judgment entered against you - if your arguments are based in LAW and not "Redemption" theory.  You may also want to research the indicia  needed to prove the various allegations of fraud you assert to be deemed creditable in the court prior to submitting any additional filings.


        TJ
        "An informed citizenry is the only true repository of the public will." Thomas Jefferson



        itsauntsally wrote:
         

        March 2008 I received an arbitration letter stating that my accountxxxx7649 had been sent to arbitration for settlement. I did not have such an account so I ignored it. In September 08 I once again received a 2nd notice of arbitration, I accepted 4 value and returned for settlement and closure

        You state "I accepted 4 value and returned for settlement and closure."   What is this?????
      • mn_chicago
        ... Challenge proper party in interest and demand proof on contract between the parties. Keep the burden of proof on plaintiff. There is case law on Account
        Message 3 of 4 , Jul 31, 2009
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          --- In tips_and_tricks@yahoogroups.com, "itsauntsally" <itsauntsally@...> wrote:
          >
          > March 2008 I received an arbitration letter stating that my accountxxxx7649 had been sent to arbitration for settlement. I did not have such an account so I ignored it.

          >I have to file my appeal by 8/1 to Federal court. I am appealing based on no contract to have arbitrated on. ANY suggestions, I have looked for case law to cite but have not come up with any, Can anyone help with suggestions? PLEASE
          > Aunt Sally


          Challenge proper party in interest and demand proof on contract
          between the parties. Keep the burden of proof on plaintiff. There
          is case law on "Account Stated," as one theory some plaintiff's file, but there has to be an existing agreement.

          With no agreement, no contract, how can plaintiff be a holder in
          due course with an interest in the outcome? Challenge the contractual
          obligation, which plaintff does not have, based on what you say.
        • Jack Issa
          If they are a third party debt collector, you can probably sue them under the FDCPA. 15 USC 1692, Ecombs is a consumer law firm in Chicago, I would e-mail them
          Message 4 of 4 , Jul 31, 2009
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            If they are a third party debt collector, you can probably sue them under the FDCPA.
            15 USC 1692, Ecombs is a consumer law firm in Chicago, I would e-mail them and see
            if they are inetersted, there are alot of FDCPA attorneys in Chicago as well. Their case sounds like it is frivolous in fact and law, and if it was filed in federal court , they federal judiciary make take sanctions against a professional attorney for filing such a case.
            If what you say is true you should be abe to counter sue them . Another thing Illinois has
            very tough consumer proection laws as well. Get in touch with the Attonrey General's office.  
                                                                                                                           Regards
                                                                                                                            Jack

            --- On Fri, 7/31/09, mn_chicago <mn_chicago@...> wrote:

            From: mn_chicago <mn_chicago@...>
            Subject: [tips_and_tricks] Re: TIME is RUNNING OUT Being sued for an account I have never had...HELP Please
            To: tips_and_tricks@yahoogroups.com
            Date: Friday, July 31, 2009, 2:41 PM

             
            --- In tips_and_tricks@ yahoogroups. com, "itsauntsally" <itsauntsally@ ...> wrote:
            >
            > March 2008 I received an arbitration letter stating that my accountxxxx7649 had been sent to arbitration for settlement. I did not have such an account so I ignored it.

            >I have to file my appeal by 8/1 to Federal court. I am appealing based on no contract to have arbitrated on. ANY suggestions, I have looked for case law to cite but have not come up with any, Can anyone help with suggestions? PLEASE
            > Aunt Sally

            Challenge proper party in interest and demand proof on contract
            between the parties. Keep the burden of proof on plaintiff. There
            is case law on "Account Stated," as one theory some plaintiff's file, but there has to be an existing agreement.

            With no agreement, no contract, how can plaintiff be a holder in
            due course with an interest in the outcome? Challenge the contractual
            obligation, which plaintff does not have, based on what you say.


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