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Arb Rejection Letter for Wolpof & Abramson!


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Posted by computerguy (204.180.131.3) on December 11, 2003 at 14:08:31:

Folks I did one of these up for the first time today for a person who requested a Validation Pack. They had no Dunning Letter, but only had two letters that were sent from Wolpof & Abramson stating they were going to arbitrate through the NAF on behalf of their client. This is what I came up with along with sending them a Validation Pack to send along with it. The enclosure spoken of in the Rejection letter can be found at: http://www.validatethatdebt.com/Redemption/flyer_4.htm
If you send this letter make sure you print the enclosure and mark it as an enclos

WOLPOFF & ABRAMSON, L.L.P.
Two Irvington Centre
702 King Farm Blvd.,
Rockville, MD 20850

(Date you send the letter)

I reject your offer to Arbitrate a disputed debt on behalf of the claimant. The arbitration forum chosen by the claimant and the Attorney attempting to carry out the arbitration by the claimant is too closely aligned with the consumer finance industry. The purported arbitration clause fails to establish that the arbitration service chosen by claimant is neutral, inexpensive or an efficient forum for resolving this particular claim or dispute. Baron v. Best Buy Co., Inc. et al., 75 F. Supp.2d 1368 (S.D. Fla. 1999)

The purported arbitration clause is not enforceable because it unconscionably requires the repondent to arbitrate in a distant state under an organization and rules designed to favor the purported lender. Patterson v. ITT Consumer Financial Corp., 14 Cal. App. 4th 1659, 18 Cal Rptr 2d 563 (Cal App. 1993)

The post-agreement, unilateral arbitration clause is unenforceable because it exceeds the unilateral right of one party to make subsequent, substantive, changes to the agreement, violates the implied covenant of good faith and fair dealing and because the resulting jury waiver was not unambiguous and unequivocal, as required to waive a constitutional right.

Your letter stating The Arbitration Forum is an independent and impartial arbitration organization, which does not give legal advice or represent parties is in contrast to enclosure (1) of this letter and proves that your Forum and the Attorney attempting to carry out this unsubstantiated arbitration agreement is indeed partial and prejudiced on behalf of the claimant. I refuse to have anything to do with your one sided arbitration forum and further demand you prove the existence of the Arbitration Agreement that was signed by both parties making this a binding arbitration agreement. Furthermore, I have enclosed a Validation letter request with other documents in order for your agency to prove the validity of the purported account and unsubstantiated debt your letter refers too.

Regards,



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