Did I Win?? Re: Arbitration Letter

What is the name of your state?What is the name of your state? NH

OK, so with your help, I have been fighting an ongoing arbitration case. Today I got this letter. I'll highlight key points. I'm not sure if I won or not?? If yes, how can I have the debt in question removed from my credit history?

From Nation Arbitration Forum
CLAIMANT(s) ORDER
RE: Credit Firm Vs. Me
RESPONDENT(s).
The undersigned Arbitrator in this case FINDS: (he makes 9 points but #8 is key)
8.That the Claimant failed to respond to a request for information from the arbitrator dated Feb xxx relating to the Bill of Sale whereby the Claimant alleged that it became the owner/holder in due course of the debt in question.
The Arbitrator Orders:
IT IS ORDERED that the above case be Dismissed Wihtout Prejudice.

OK, so those are the key points and statements in this letter. Did I win?? I know I met the SLA of 3 years as of this month for NH, so technically they would have been 'SLA' anyways. But I'm just curious as to what all this means.

THANKS!! This is the best forum on the net!

[Ladynred]

It means you won - for now, because the creditor failed to produce the documents requested. BUT, it was dismissed WITHOUT prejudice, that means the creditor CAN do it again !

It mentions only #8 what do the others say? Complete info is needed for a correct evaluation.

Here are all the points on the letter. Personally, if I won arbitration and SOL is up, this is a done issue and it should be removed from my credit history.

Arbitrator FINDS:
1. That no conflict of interest exists.
2. That on or before Oct 25, 2004 the Parties entered into an agreement that this matter shall be resolved in accordance with the Forum Code of Procedures. (NOT TRUE, I DECLINED ARBITRATION)
3. That the Claimant has filed a CLaim with the Forum and served it on the Respondent in accordance with Rule 6.
4. That the Respondant has filed a responce with the Forum and served it on the Claimant.
5. That the matter has proceeded in accord with the applicable Forum Code of Procedure.
6. The Parties have had the opportunity to present all evidence and information to the arbritrator.
7. That the Arbitrator has reviewed all the evidence and information submitted in this case.
8. That the Claimant failed to respond to a request for information from the arbitrator date FeB xxxx relating to the Bill of Sale, whereby the Claimant allege that it became the owner/holder in due course of the debt in question.
9. That the information and evidence submitted supports the issuance of an Order as stated.
The Arbitrator Orders:
IT IS ORDERED that the above case be Dismissed Without Prejudice.

That's the letter in a nut shell. As I stated above, I feel with the SOL here and this letter from arbitration, I have won my battle. The debt in question should be removed from my credit report ASAP.

Thoughts?

[olgethorpe]

As LadyNRed said, "dismissed without prejudice" only says they can file again. AND...

1. Winning an arbitration doesn't get it removed from your CRs...

2. SOL doesn't mean the debt is uncollectable...it only means that if they do take you to court, you have an absolute defense...

3. I'm not at all sure what SOL means with regard to arbitration. Since arbitration is basically set up for the creditor to circumvent the law, SOL probably has no bearing...

BUT...when they do come back and win the arbitration, which they almost certainly will, they still have to get it turned into a judgement before you're leaglly bound to pay it...and, perhaps, your SOL defense will apply at that time, although I would bet that the judgement will have a new SOL of its own.

Sorry...

Thanks for the feedback on this.

Essentially what you're saying is, unless I file bankruptcy, this debt will follow me until I'm dead or pay it. Regardless of SOL, Arbitration, Judgements, etc...

Basically my credit is in the toilet and I need to accept the fact they'll keep hounding me. That doesn't seem right.

[olgethorpe]

Not quite right. It will fall off your credit reports after 7 years + 180 days, but will (as with the SOL) remain collectable. There are a few enlightened states (Wisconsin, I think) that do have laws against trying to report on or collect SOL debts....

And, for the record, there are even low life junk debt buyers that will attempt to collect on debts discharged in BK. Its against the law, but they still try, and if the debtor doesn't know their right, the might get paid...

[Ladynred]

2. That on or before Oct 25, 2004 the Parties entered into an agreement that this matter shall be resolved in accordance with the Forum Code of Procedures. (NOT TRUE, I DECLINED ARBITRATION)

Yes, you declined AFTER the fact. What #2 is referring to is the arbitration clause that the original creditor stuck into your credit card terms ! If you didn't refuse the arbitration then, in WRITING, then you tacitly "accepted" their change in terms.

IF they try this again, you CAN use the SOL to once again deflect arbitration AND/OR judgment from an arbitration award.

As already noted the SOL for legal action to enforce collection of a debt and the REPORTING period are NOT connected, one has NOTHING to do with the other.