IN THE NATIONAL ARBITRATION FORUM

 

 

CHASE MANHATTAN BANK, N.A.

 

            Claimant,

v.                                                                                 No. FA0504000XXXXX

 

XXXXXXXX,

 

            Respondent.

 

ANSWER AND NOTICE OF INTENTION TO DEFEND

 

Comes the Respondent and answers the Claim as follows:

1.  The Respondent acknowledges that he held a credit card issued by the Claimant.  However, Respondent disputes that the amount he owes Claimant equals the relief sought in the claim.  In particular, the amount sought by Claimant appears to include excessive interest charges and late fees designed to exploit profits at the expense of unsuspecting members of the general public.  Using the interest rate identified by Claimant, the amount of relief sought by Claimant appears to have overstated the interest due by the Respondent.   

2.  The claim for attorney fees is outrageous and is not permitted under Tennessee law.  Respondent was not aware of the Delaware law provision in her contract, or that Delaware would permit the award of an attorney fee.  As such the contract appears deceptive, with significant charges for attorney fees hidden away in fine print and written in “legalese” that an ordinary member of the public would not be expected to understand.  Tennessee law requires greater consumer protection, e.g., provisions for payment of an opposing party’s attorney fees would have to be shown prominently in boldface in any contract. 

3.  Respondent has rights under the Fair Debt Collections Practices Act, 15 U.S.C. 1692(g) (2002), that must be respected by the National Arbitration Forum.  In particular,

Respondent hereby demands verification of the debt, and a strict accounting of all interest and

fees charged by Plaintiff expressed in an effective annual percentage rate, so that she can determine whether the Plaintiff is charging usurious and unenforceable amounts of interest and fees. 

4.  Respondent wants to avoid bankruptcy if he can and pay Claimants through the Freedom Point Debt Reduction Program.

            5.   Respondent is desperate to repay the debts, but he needs more time in which to do so.  Claimant, being fully aware of his financial situation, could and should have granted Respondent additional time.   If the Claimant does not cease and desist in further prosecution of this claim, Respondent will have no choice but to file for bankruptcy, which would likely result in the Claimant receiving less than the 70% of the credit card balance that Freedom Point proposes to settle this claim.

            WHEREFORE, Respondent prays that judgment for Claimant be denied at this time, so that Respondent may have additional time in a sincere attempt to settle this matter.

            Respectfully submitted this ______ day of May, 2005.

 

 

______________________________________

                                                                        XXXXXXXX, Respondent pro se

                                                                        New XXXXXXX Road

                                                                        McKenzie, TN

                                                                        38721

                                                                        (731) XXX-XXXX

 

 

 

 

 

 

 

 

Certificate of Service

 

            I certify that a true and exact copy of this answer was mailed to Claimant’s Attorney of Record on May _____, 2005, at the following address: 

 

James D. Branton

Mann Bracken LLC, Suite 1400

2727 Paces Ferry Road

Atlanta, GA

30339

 

 

                                                                        ______________________________

                                                                        XXXXXXXX, Respondent pro se