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  1. 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 the event that there are disputes; both parties agree to bring the matter to binding arbitration and we would also have to use the National Arbitration Forum as the arbitrator. When I originally contracted with MBNA, I was not aware of the unfair advantage that MBNA had by making it mandatory for me to have to use their biased forum. MBNA eventually wrote off the account as Bad Debt and used it as a Profit & Loss Write Off making it a dead account that is uncollectable. The Summons and Complaint lists MBNA as the Plaintiff. I called MBNA and asked them if they were indeed suing me and they said that they were not suing me. I informed them that the collection firm was using their name as the Plaintiff who is suing me and that I believe that it is a fraud for the collection agency to make it appear that to the court and myself that MBNA is suing me and not the collection firm. MBNA hung up the phone stating that they would not answer any questions. My questoin is: Can I have these cases dismissed on the basis that MBNA is not actually suing me? MBNA had also told me that they did not hire this firm to Sue me. I realize that the collection firm bought the account, but does that give them the right to say that MBNA is the Plaintiff instead of themselves? Do I have a leg to stand on for getting this dismissed on that technicality? If so how should I go about it? Any comments would be apreaciated.
  2. 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 attorney here in IL) which is allowed by the rule 222. I filed those for him, along with interrogatories to the plaintiff, in which I included demands for proof of the debt, etc. As he goes into this hearing (I was included on the list of "witnesses"), is there anything else he can do/bring to help himself? I will be answering some questions, I am sure, but my name is not on the account. My knowledge is of account statements and attempts to make payment arrangments with the OC, etc. MBNA is still listed as the Plaintiff on all the documents, so I am assuming (correctly or incorrectly) that they have not sold the debt. Can he ask this at the hearing and would it even be relevant? Any suggestions/help would be greatly appreciated!
  3. 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 sent (registered receipt requested of course), what happens next? What steps do we need to then take? How do we stop them from contacting him? Are they in violation by refusing to deal with the California agency after they'd been sent a cease and desist letter? He was living in Florida but has since moved with no permanant address. Any advice is appreciated. Thanks.
  4. 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,
  5. 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!
  6. 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.
  7. 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!
  8. 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
  9. 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 stationed for 2 years. However we did not do the deal in Georgia, didn't pay any $ to NCO from Georgia and never banked in Georgia. Furthermore we have lived back in California for the last year. I beleive they have all along known our current address because they sent the notification of award directly to it, but they had apparently sent all notification of this arbitration to an address that we have not lived in in two years. My question is what do we do now? I did some research and found out that the statute of limitations is up in Ca but not in Ga so I believe that that might be why they filed in georgia, but is that legal and do we have any right to vacate this judgement? Most of all we are just confused and would appriciate any help Thanks
  10. 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 dismissed he never acknowleged anything and suprise he sided for the plaintiff. I was in the process of putting together paperwork to file a Civil Suit against W & A for there violations that they committed all of which I have documented. I just recieved a summonds from Civil Court in regards to this Arbitration ruling saying they are attempting to collect on it. I am going to ask to have the arbitration vacated on the grounds that the law was violated in order for them to obtain it.(please take it at face value they screwed up and I have all the letters and reciepts saying they recieved them to back up the fact they were in violation on many occassions). My question is the law suit that was filed in Civil Cout was by a different law firm, my intention was to ask for the arbitration to be vacated and at the samr time file a counter claim for the violations that occoured in getting the arbitration award. Can I file a counter claim even though it is a different law firm or will I need to file a seperate Civil case against Walpoff & Abramson Any help would be greatly appreciated. Lids
  11. 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 Arbitration Manager". I sent this documentation to them last week in an attempt to abort another arbitration attempt on their part. I also have received an arbitration award against them through a company in Florida called Century Arbitration Associates (this was handled through the debt elimination company, so I don't have many details on the actual arbitration). Needless to say, MBNA/WA have disputed this arbitration and now are trying to obtain their own award, which I assume they will take to court to have confirmed.....either in CA or DE I don't know. There is no court action at this summons....nothing. I need to beat them to the punch and get my award confirmed and on record first. So far it is on record with MBNA and WA but as stated they don't recognize it's validity. Any advice as to how to proceed from here to either prevail with my arbitration or sue MBNA/WA before they sue me and??? Is it time to propose a settlement?
  12. 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?
  13. 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?
  14. 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 have added lawyer fees in there system at that time. And the direct check scheduled for this month will be cancelled. So they are unwilling to settle for that amount. On top of the letter that I got via fax they sent me an actual copy in the mail. Is this a contract that they have to agree too? I'm going to be sending them the money, but I want to make sure they have to cash it. Also, they (law office) looks like they are already trying to file a judgement with the circuit court before the 20 days of arbitration award is up.
  15. 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 accounts which I held, that are all charged off. I see no need to waste the courts time with a case that has already been decided, and judgments granted to the plaintiff. I will be filing a motion to vacate the judgments after filing for Chapter 7 bankruptcy relief.
  16. 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 from now until the debt is paid plus "provailing party fees, costs, and attorney fees." This is what I was hoping that I could get advice on. 1. Is this reporting to the CRA's? 2. In the award letter it states my first being someone else's not enough closely near my name (not like a typo of one letter, the name is completly different) The middle initial and last name are correct. My question regarding this, is there anyway this could help me if this is reported to the CRA's? (FYI, they do not have my Social Security Number, Date of Birth, nor Drivers License Number) They do have an address which is not valid any longer. 3. Even though a arbitrator award has been made, is it still possible to negotiate full payment (total including fees, etc.) and is this commonly done? 4. Is there a best tactic in negotating payment after a arbitrator award? 5. How is the best way to figure out what the prevailing party fees, costs, and attorney fees are to assure they are correct? Thanking you in advance. Sorry about the long post. Any advance is greatly appreciated.
  17. 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 I did get a chance to mention that to my BK attorney, he laughed, but didn't tell me what to do about it. Anyone know any lawyers in NW Ohio that want to earn some easy money by taking on these weasels on contingency? My personal lawyer says he's "not qualified", and the BK attorney won't return my phone calls.
  18. 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...
  19. 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, I received letters from the NAF…. That I needed to submit the filing fee for my objection of claim/arbitration…in the amount of $110-. This was dated January 19, 2004. ((Today, I cruised through the NAF website to find answers, and fee's. The actual fee for my filing and the amount of my disputed claim is only $35-)) Maybe this is why the letter said it had to be there in 15 days... A second letter dated January 20, 2004, from NAF, Re: requesting my case be ‘stayed’ in accordance of Rule 9D of the Code. Their reply to this "…..after careful review, the director has granted the stay request." Questions: #1: How can an account that’s clearly been charged off, now suddenly re-emerge as valid that I need to react, and respond almost immediately? Or risk a judgment against me? #2: Am I still required to submit the ‘fee’ of $110- especially now….since my request to stay the case….. has been granted by the director and in writing? #3: What does ‘granting the stay request’ mean now! Did I win my objection to arbitration? What are the proceedings/paths that I need to, or should be following now? What’s my next step? #4: Can this letter of the ‘stay being granted’ …‘do anything’ for me in the long run of credit repair and the CRA’s? Thank you!
  20. 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 the 20th, the stay has been granted. This is good news!!! hahahahahahaha I'm going to read what Rule 9.D of the code is so I know for sure I won!!!!! So, now, I can send this to the CRS (credit reporting services) and tell them to remove this from my credit thing..right? Credit report..right? This is great. Now to do this same thing for the other acct! I dont know what to tell her, I've never dealt with arbitration - CA sent her to arbitration I BELIEVE - AFTER she sent a DV letter, isn't that in violation? What should she do?
  21. 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, utilities, etc. It all seems to read "blah, blah, blah....". I'm going to rant for a second. These card companies know that there's a sucker born every second. I've been one of them. They count on 99% of their customers not reading or being careful about what they send them. They make so much money off of late fees, overlimit fees, etc. because a huge proportion of their customers are careless and sloppy. You get a notice with checks enclosed saying your credit limit is increased--go take that boat trip, etc. Somewhere along the line, I swallowed the tackle all the way up to the reel. (I never took a pleasure cruise, though.) This is just to say, READ THE STUFF THEY SEND YOU! If it is a change in terms for your account, you have a right not to accept the change in terms. Of course, this may close your account, but you don't have to accept the new terms just because they sent you a paper. If you are going to dig out from all your debt, you can no longer afford to just throw the credit card bills in a drawer and forget them. You have to open and read everything that comes in. So, now I am trying to understand this arbitration process I've unwittingly "agreed" to. I feel suckered again. This brings up a question. Can I send the OC a change in terms with less than one month to respond? For example, can I change the terms to have them delete the account unless they respond within 28 days? (I was not given 30 days.) Or, maybe I can change the terms so that they owe me monthly payments unless they respond. Just a thought.