nowayout Posted January 3, 2005 Report Share Posted January 3, 2005 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! Link to comment Share on other sites More sharing options...
admin Posted January 3, 2005 Report Share Posted January 3, 2005 Wish you could have asked sooner - you might have had time to file a refusal of arbitration. Some thoughts:I would probably not answer any questions if you can on the account, they might be attempting to create knowledge of the debt if they don't have paperwork. Demand proof of debt, complete payment history, etc. What is the SOL on this thing. Has it expired?Remember, offering to pay isn't proof of the debt, just an attempt to get the "hassle factor" diminished. What kind of tax break have they taken? Link to comment Share on other sites More sharing options...
nowayout Posted January 3, 2005 Author Report Share Posted January 3, 2005 Wish you could have asked sooner - you might have had time to file a refusal of arbitration. Some thoughts:I would probably not answer any questions if you can on the account, they might be attempting to create knowledge of the debt if they don't have paperwork. Demand proof of debt, complete payment history, etc. What is the SOL on this thing. Has it expired?Remember, offering to pay isn't proof of the debt, just an attempt to get the "hassle factor" diminished. What kind of tax break have they taken?When I wrote up the interrogatories I demanded proof of the debt, a complete account history, copies of any agreement that the CA has the authority to collect, how the debt was calculated, license numbers, copies of the signed agreement, proof that it's still within the SOL (it is, but I want them to work). Hopefully, they won't be able to come up with all of that. Can he ask about the tax break at the hearing? Link to comment Share on other sites More sharing options...
nowayout Posted January 4, 2005 Author Report Share Posted January 4, 2005 Today, the Collection Attorney called (dh had never asked them not to call, because they never harassed him) in reference to the arbitration hearing tomorrow and offered a settlement which is fair. He *does owe the money and it's not out of SOL, so chances are they would have won the arbitration. He'll be paying a monthly payment on a reduced amount of the debt. He goes in on 1/14/05 for the order to dismiss, which was filed by the plaintiff. Now, my questions!1) What does dh need to make sure is in the payment agreement so he doesn't get screwed?2) How does he go about making sure his credit report is correct (what should he look for)? It's now listed as a charge-off by MBNA.thanks! Link to comment Share on other sites More sharing options...
LadynRed Posted January 4, 2005 Report Share Posted January 4, 2005 Get it in writing.. that is the ONLY way to be sure you don't get screwed over. Link to comment Share on other sites More sharing options...
c m chase Posted January 4, 2005 Report Share Posted January 4, 2005 1) What does dh need to make sure is in the payment agreement so he doesn't get screwed?Get it in writing!!! Get VERY specific details in writing and get them to sign it.2) How does he go about making sure his credit report is correct (what should he look for)? It's now listed as a charge-off by MBNA.thanks!How EXACTLY is it being reported? Is the CA on the report too? If so, how is IT being reported? MBNA being on the report doesn't have anything to do with the CA. Link to comment Share on other sites More sharing options...
nowayout Posted January 4, 2005 Author Report Share Posted January 4, 2005 He'll definitely get it in writing. The CA is not listed on the CR at this point in time--just MBNA, as a charge-off. Link to comment Share on other sites More sharing options...
c m chase Posted January 4, 2005 Report Share Posted January 4, 2005 You should be ok then. Just watch and make sure it doesn't eventually go on there with false info. You might also slip into your agreement that if he continues to make the payments, nothing WILL be reported on his report by them. Link to comment Share on other sites More sharing options...
willingtocope Posted January 5, 2005 Report Share Posted January 5, 2005 Just as a further thought, make sure that the agreement says this settles the debt in its entirety and the balance will not be sold for further collections. Link to comment Share on other sites More sharing options...
nowayout Posted January 5, 2005 Author Report Share Posted January 5, 2005 I definitely will make sure both of those items are in his agreement. Thanks! Link to comment Share on other sites More sharing options...
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