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  1. I have 30 days to respond to an W & A arbitration claim. I have read the refusal strategy and will send a refusal letter. Should I also send a 2nd dv letter with maybe a counter offer? Or should I file a small claims suit for continuing to attempt to collect w/o validation? It seems like they can get an arbitration award regardless of the refusal. I know that they still have to get a judgement, but an arbitration award sounds like it would work in their favor. Ant suggestions?
  2. Wolphoff and Abramson began arbitration against my mom who is deceased. The debt was written off. I recieved a letter from another collection agency trying to collect on the debt. According to the new agency MBNA still shows the debt as valid. Miscommunication from arbitration to MBNA or is this still a valid debt?
  3. I have sent cease and desist letters to a debt collection attorney four times since May 2004. They continued to call my house several times a day for several months. I estimate that they called around 600 times. They have never sent me any validation of the debt like I requested. They did send a copy of an Arbitration Award that (CA)Wolpoff & Abrhams filed for in March of 2004. Is an Arbitration Award considered to be sufficient Debt Validation? I refused to participate in their arbitration proceedings. They have sent me no contract or proof that they bought the account or that it has bee
  4. I have sent a DV letter to a CA twice and all they ever send is a copy of an Arbitration Award. I was served with a Summons & Complaint (Plaintiff's Complaint To Enforce Arbitration Award). It appears that the CA is relying on the Award as validation of debt. I had disputed and refused to participate in the arbitration process. They have yet to produce the original contract agreement with my signature on it or anything else. They also listed MBNA as the Plaintiff instead of themselves. In previous letters CA had said that they have been retained to collect the balance on the account, makin
  5. I have been served with two Summons and Complaints from a Collection firm called Raush, Sturm, Israel & Hornik to enforce their Arbitration awards that were issued from the National Arbitration Forum durring 2004 regarding credit card accounts with MBNA America. Prior to these awards being issued; I brought my disputes to an unbiased arbitration forum called Century Arbitration & Associates in July of 2003 and two arbitration awards were issued in my favor on Sept. 2003. MBNA was given notice and I stopped making payments on these credit cards. The credit card agreement stated that in
  6. Well, dh goes for his arbitration hearing on Wed. at 8:30 am. This comes after the account (through Wolpoff) was sent to the NAF and confirmed. If you remember, they got a default judgment, which was then vacated and a new arbitration hearing was set at the ADR builing in our district. We had to file our answer to the applicaton to confirm the arbitration award, an IL supreme court Rule 222 disclosure (a limited and simplified discovery, which was asking basically what/who he was bringing to the hearing), and a request to admit facts and genuineness of documents from the plaintiff (a CA att
  7. My stepfather's been served with arbitration papers from Wolpoff and Abramson. A debt consolidation service was retained by my mother prior to her death to deal with this. W&A have been notified that this agency is acting as the agent for the consumer in this matter, but, W&A refuse to deal with them and continue to contact my stepfather. The debt attempting to be collected is in his name (the debt in my mothers name was written off after her death). I've seen the links for refusal of arbitration and will fwd these to him to send. My questions are these: after the letters are sen
  8. Help! Dh and I sent the refusal to arbitrate to NAF and Wolpoff and Abramson and now we received a letter from NAF stating that a document hearing has been scheduled. It says we may submit any document for consideration by the Arbitrator in the hearing within 10 days of the date of the letter, which is the I have a week now. What can we submit to help our case??? Please,
  9. Hi - I have won an Arbitration Award against Discover, but Discover refuses to acknowledge the award. However, they have since charged-off the account which now shows on my credit reports. My Question: Can I send the Arbitration Award document to the CRA's to have the negative report deleted? Thanks SO much for your help - you guys are GREAT!
  10. I had an arbitration award against MBNA confirmed in Feb. 2004. I gave MBNA and their attorney proper notice and they did not appear to defend their position, therefore the Judge heard my case and confirmed my award. Now, the CA attorney for MBNA just filed an appeal against me in Superior court. Is there a SOL on appeals on confirmed arbitration awards? What should I answer with? Any help would be appreciated.
  11. I've read the "sticky" on arbitration and I'm wondering if anyone on the board has successfully fought arbitration? It looks as though the main thing to do is to refuse to participate? If anyone has personal experience, good or bad, please help!
  12. Hi - I have received an Arbitration Award against a credit card company and now need to file a State or Federal Court Confirmation. I live in California, the Arbitration council is in Florida, and the credit card company offices are in Illinois. Can anyone give me some guidance on how to request a Court Confirmation? Are there sample forms or letters I can access? Do I need to get legal representation to do this for me? ANY suggestions or advice is appreciated! SL
  13. This is a pretty long story but we have never been invovled in anything like this and we could use some answers. My husband and I purchased a computer through MBNA in 1998 and we defaulted on the loan which was originally for 2000 dollars. Long story short we had been trying to live beyond our means and paid the price. It had been turned over to NCO finacial group for collection. Anyway last week we received a letter in the mail stated that an award had been issued to NCO by the National Arbitration forum. Our problem is that they did this in the state of georgia where my husband was statio
  14. I am a little confused as to what I should do in the following situation. I was having a problem with a OC who would not work with me on a CC debt. It was handed over to a few different CA, the last who was Walpoff & Abramson all through this process I had been asking for validation of the debt, at no time did I ever get validation nor was there anything ever entered on my credit report as to the dispute. W & A took me to that wonderful land of arbitration with the National Arbitration Forum. Of course even though I sent a list of items to the Arbitrator as to the reason this should be
  15. Hi--An earlier post referred to a debt I have with Wells Fargo. This post concerns a debt with MBNA, now in the hands of their attorney Walpoff and Abramson. I am in California, and the debt amount is $50,000 (credit card). I enlisted the services of a "debt elimination" company last year, and despite many back and forth written exchanges, MBNA has been trying to get me into arbitration with their hip-pocket arbitrator NAF. I have refused arbitration with this forum due to their bias towards MBNA and the fact that Walpoff and Abramson is listed in one place I saw as NAF's "National Arbitr
  16. I just received a notice that the hot shots have filed for an arbitration award against me. I have not yet sent the firm a DV letter, and it is past the 30 days. I am well aware that I still can do that but is it too late? Does it matter now?
  17. Lost my mind... now after finding this site and reading day & night I want to fight back... Just unsure if I am to late. Can I send a validation letter to the attorney after a summons has been served and an arbitration award has been set $9500 I asked over the phone...not cmrrr As in step one?
  18. Arbitrated went for the plantiff and said that I owed X amount of dollars plus attorney fees, etc. I contacted the attorney represented the company to settle out because I did not want this to go on CR and a legal person at the office said they could settle and sent me off a fax stating the amount and if paid by May 13th, they will not file a judgement and it was signed. They (law office) contacted us back and faxed us a letter stating they are revoke and rescind there settlement agreement and said that the letter of settlement is not going to be accepted for that amount because it did not h
  19. HELP!!!!!!!!!!!!!!!!! MBNA & CA Smith Debnam already have 3 default judgments againest me, now I received in the mail Arbitration Notice of case selection????? can I respond with a " Motion to dispense with court ordered arbitration & say the following reasons? or how do I REJECT THIS....? thanks... I own no non exempt property. I am filing chapter 7 approximately June 21 2004 Plaintiff MBNA America Bank has not listed which account this is in reference to, one account I have with them is over 15,000.00 MBNA has already won a default judgment againest me for each of the three a
  20. I have been going back and forth with the May Company for about a year now. Just FYI, I am in Oregon and I did not hire an attorney. I was disputing a debt ($532.89) and the May Company would not validate and disregarding my claims. The May Company hired a debt collection attorney for Oregon. I filed an answer ($108.00) per there summons as well as $300.00 to the required arbitrator. Today, I just got a letter stating the award went to the May Company and the award states that I owe the May Company $532.89 plus 21.9% apr for approximately 8 months (date filed) plus 9% simple interest fro
  21. Okay, so MBNA with Wolpopp & Abramsom went to NAF and won an award. I refuse and disputed it the whole time, but by some remarkable stroke of luck, they won. Now they've turned that out to collection. I know the Montana District courts have found that uneforceable, but I'd really like to start biting back at some of these people. I'm going to be doing a BK 7 in a few weeks (IF...I can get my lawyers attention...they're all making so much money on the slam dunk cases, they don't want any with complications), but the MBNA fine print says their arbitration cannot be set aside by BK. When
  22. Watched this on my local Washington DC news last week, pretty scary stuff. Many credit card companies are putting in clauses for mandatory arbitration, meaning you can not sue them. Below is the link, check it out... If this had been the case with a large creditor like Providian, the customers would have never won the large settlement they did...
  23. This concerns an account with a CC company that was charged off as of 5/2002 (according to EQ, TU, EX) I was recently notified that a CA was pursuing avenues to collect this ‘Charged Off Debt". I sent out the requisite ‘DV’s’ to all parties involved, and instead of Validation, I received notice of impending arbitration…. (of course, there was no proof or debt validation supplied…) Facing ‘Arbitration’ proceedings, I filed the necessary and appropriate documents, statutes and other such items like my Objection to arbitration citing the illegality of it, etc...I had a lot of help! Just recently,
  24. Am helping a friend who has sent off DV letters to CA's in regards to alleged debt - the other day she got something in the mail, this is what she emailed me: Hey Just got the response back today from the National Arbitration Forum. On one dated Jan 19, 2004 says I owe them $110- for filing the counter claim!!!!! Then on Jan 20, 2004......Says how the case, this stayed..... then it says ........that after review and consideration, the director has granted the 'stay'!!!!! This means we won, I won.......right? So, do I still send them the $110-.........since on
  25. Having pulled my head out of the sand, I'm organizing all my credit information, credit bills, letters, etc. I just ran across an ARBITRATION AGREEMENT AND CHANGE IN TERMS NOTICE from Chase. The fine-print, fold-out notice came with the September statement. It basically said we can't sue each other but must submit to arbitration. That's all I can make sense of. The agreement would take effect unless I responded by Oct 25. (Too late, now.) I'm sure I received this new change in terms because my account had fallen behind. I normally ignore all those notices because I get lots of them from banks