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Can an Arbitration Award be used by a debt collector to veri


Donnie
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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 been assigned to them. They are claiming that MBNA America has retained them to collect the debt and have filed a Summons and Complaint to get their award enforced. I called MBNA and asked them if they were in fact suing me and they said No. I asked them if they have retained the CA that has filed the summons and complaint. MBNA said NO. I told them that CA Raush, Sturm, Israel & Hornik has them listed as the plaintiff that is suing me and that they have listed themselves as the Plaintiff MBNA's attorney. They again said that they were not suinig me and have not retained that CA. The court date is Feb. 14th. Can the CA legally list MBNA as the Plaintiff if MBNA is not suing me?

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I think you're at the point where you may need legal representation. Perhaps Bud Hibbs will help.

IMO, what these guys are now saying is that its the Arbtration Award that's the debt...that's what they've validated and are suing for. The original MBNA debt may have been sold to W&A, which is why MBNA is claiming no knowledge.

Depending on the judge, he may sort this out for you...but I would bet you need a lawyer.

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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 been assigned to them. They are claiming that MBNA America has retained them to collect the debt and have filed a Summons and Complaint to get their award enforced. I called MBNA and asked them if they were in fact suing me and they said No. I asked them if they have retained the CA that has filed the summons and complaint. MBNA said NO. I told them that CA Raush, Sturm, Israel & Hornik has them listed as the plaintiff that is suing me and that they have listed themselves as the Plaintiff MBNA's attorney. They again said that they were not suinig me and have not retained that CA. The court date is Feb. 14th. Can the CA legally list MBNA as the Plaintiff if MBNA is not suing me?

As a side Q - Did you get the notice for the arbitration hearings? If you did, did you go?

OK, on to your question - it may be enough - HOWEVER - they still need to provide intimate knowledge of the creation of the debt. Good reading on this below.

http://www.narca.org/Newsletter/2003/1stquarter/challenges.asp

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Upon learning of the fraud and unconscional terms of the credit card contract agreements arbitration clause, I brought a dispute to binding arbitration with a neutral and fair arbitration forum and recieved an award in my favor. After that, I sent them an affidavit of Revocation of Signature for good cause before they ever submitted their dispute to their biased National Arbitration Forum. They did give me notice and then brought it to arbitration a good six month later after I already arbitrated the matter and won. I refused to participate in their heavely favored one sided dog and pony show and sent them a cease and desist letter and notice that their presentment was being returned. In my opinion there was nothing to dispute and I did not agree to arbitrate since I already had an award and especially because of the unfair venue and procedures.

The credit card abitration clause is so one sided and unfair that from what I have learned, it makes it unconscionable and unenforceable. Thanks for you input. I did submit my answers and counter claim to their summons today and the court date is Feb 14th. I have used a lot of information that was offered for reference to my matter at this forum and believe that my answers should suffice for a denying of enforcement. They have submitted nothing but their arbitration award and a copy of the cardmember ageement that has no signatures and is full of several unconscionable agreements. In fact, I don't even think that I ever did sign a contract agreement.

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