Expert: Creditwrench - 8/26/2010

Question
QUESTION: I had a CITI Bank Business Line of Credit and everything went under in the Real Estate Market. In March 2009 I sent a Notice of Final Payment, Billing Dispute Error, Surety Bond, Notice of Intent to Create and Execute Remedy, Specific Power of Attorney, Declaration of Satisfied and Closed Account,Appointment of Third Party Witness, Final Payment Check, CITIBANKS Written Communication, and Proof of Service/Mailing and Witness of Contents to CITIBANK. The check was cashed and no other response. May 5 2010 received collection letter from Suttell & Hammer. Responded May 26 with demand to Cease and Desist Collection Activities Prior to Validation of Purported Debt(20 days to respond).Received response postmarked June 28, 2010 with 1.Affidavit of Creditor and 2. Billing Statement. I responded July 23 with Notice of Estoppel. Everything I sent was certified with receipt. On Friday August 20 a Summons came to defend a complaint with CITIBANK SOUTH DAKTOTA N.A. as the Plaintiff. From what I have researched, Suttell and Hammer are not nice people. It states the Summons is Subject to Mandatory Arbitration. I don't think that is in my best interest. I would appreciate some of your wisdom with a few suggestions on the best way to handle this. I am not asking for Legal Advice, just help in pointing me in the right direction. Thank you very much for your time and have a great day.

Mike

ANSWER: You seem to have some interesting ideas here. First of all by what authority can you demand that they respond within 20 days to your cease & desist prior to validation? Also, what law gives you the right to demand validation? What law requires them to ever respond to your demand for validation? By what authority did you send them a notice of estoppel? And they claim that the summons is subject to mandatory arbitration? What law says that is true? Who is going to do the arbitrating? I don't mind trying to point you in the right direction but I need you to answer the above questions and also tell me what state you live in and how much they claim you owe them.

Bill Bauer
405-237-2174

---------- FOLLOW-UP ----------

QUESTION: Hello Bill, I really don't know what authority I can demand a 20 day response. I do have the right to dispute and have  validate the debt under section 809a of the FDCPA and 15 U.S.C. 1692g. There is no law that I am aware of that they have to respond but they must cease collection activities until they do. I can send them a notice of estoppel because no contract or agreement exists for the liability between Suttell & Hammer and me and they did not answer on point all of my questions. There response was misleading representation. The summons has across from Plantiff, Defendant Complaint [action on for monies due] anount claimed is $15,586.29 Subject to Mandatory arbitration. I do not believe their is a law that makes it mandatory. I would have to agree to it, they cannot force it on me. Their is nothing about who will do the arbitrating. Also their is a case number but no court stamp or something that says this was filed. I live in Oregon, the amount is above. I hope what I have done so far is the right approach. thanks again for your response and your time.

Mike

Answer
Well let's see now. First you say "I can send them a notice of estoppel because no contract or agreement exists for the liability between Suttell & Hammer and me" OH? What about the contract you signed with the original creditor saying you had to pay their collection agents is you default and they turned it over to a debt collector to collect the debt? Forgot about that little jewel, didn't you??????????????????????????????????? So yes, you do have a contract with them. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!   and they did not answer on point all of my questions. There response was misleading representation. The summons has across from Plantiff, Defendant Complaint [action on for monies due] anount claimed is $15,586.29 Subject to Mandatory arbitration.>>>>>>>>>>>>>>>>>>> I do not believe their is a law that makes it mandatory.>>>>>>>>>>>I don't think there is either but don't forget that nasty little contract you agreed to one way or the other. Bet you just threw that away, now didn't you???????????????????????????????????? I would have to agree to it, they cannot force it on me. Their is nothing about who will do the arbitrating. Also their is a case number but no court stamp or something that says this was filed. I live in Oregon, the amount is above. I hope what I have done so far is the right approach. thanks again for your response and your time.
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Right thing? Probably not judging from some of the things you have been saying here. Force you to arbitrate? Who is going to do the arbitrating? Most aren't doing arbitration any more.