nimbus Posted February 26, 2005 Report Share Posted February 26, 2005 before i knew the details of DV MBNA and I were going back and forth and then they decided to pursue an arbitration award regarding my account with them. i had requested DV, all they snet was a copy of my last statement. So my question is, since i verified the debt during the arbitration process and they were granted an award can i go backwards? can i still use DV, to my advantage this time? also, i am in ch7, not discharged yet and this account is IIB.....i'm curious to see what sort of things you can and cannot do after arbitration. Link to comment Share on other sites More sharing options...
willingtocope Posted February 27, 2005 Report Share Posted February 27, 2005 First off, the arbitration thing is strickly bogus. MBNA, Wolpoff & Abrahmson (sp?), and the NAF are all in bed together. I've heard that some W&A partners actually sit on the board of the NAF...So, the arbitration award itself doesn't mean squat...they would have to take it to court and turn it into a judgement before it would have any affect on you.Second. assuming your BK 7 gets discharged, the original MBNA debt gets discharged right along with it...so basically, this is a non-worry. The arbitration award goes away...and no judgement gets made. Link to comment Share on other sites More sharing options...
Mlenri Posted February 28, 2005 Report Share Posted February 28, 2005 I have a question on discharged Ch7. A collector claims that even if the original debt was discharged, if the bank sells the debt before the discharge took place, it would not affect the debt since it now has a new owner. Is this true? Link to comment Share on other sites More sharing options...
willingtocope Posted February 28, 2005 Report Share Posted February 28, 2005 Mlenri The CA is full of horse pucky. All of your unsecured debts were discharged, and even if this CA did own the debt at that time and you didn't list this particular CA on your schedules, they were still included. One thing you might be concerned about, though, is getting it all listed properly on your CRs.If you look at the threadhttp://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=25790&highlight=You'll see a letter I wrote to the OC regarding an account that the CA claimed was in the same category. The OC now lists the account as IIB. Link to comment Share on other sites More sharing options...
Mlenri Posted February 28, 2005 Report Share Posted February 28, 2005 Thanks so much for the info. This was one of the scare tactics used on me with a case i am in now with a CA. Link to comment Share on other sites More sharing options...
KentWA Posted February 28, 2005 Report Share Posted February 28, 2005 Is this CA attempting to collect on this debt now? Since you are in BK procedding there is an automatic stay of any action and the BK court can find them in contempt and levy sanctions on them. Link to comment Share on other sites More sharing options...
Mlenri Posted February 28, 2005 Report Share Posted February 28, 2005 My Ch7 was discharged in 1998 and the CA is claiming that this debt is from the 1990s but I cannot find any record of it neither can the OC. That's the weird part about it. The CA claims that it might have been sold before the discharge so the bank did not honor it. Don't they have to advise us during the discharge hearing if the OC is refusing it because it has been sold? Link to comment Share on other sites More sharing options...
Mlenri Posted February 28, 2005 Report Share Posted February 28, 2005 One more thing, I have not received any notifications from the OC or the new owner all these years, except for last week when this CA contacted me by phone claiming to have sent several notices. Lo and behold, they sent me a notice the same day they called me and I got that one! Link to comment Share on other sites More sharing options...
nimbus Posted March 1, 2005 Author Report Share Posted March 1, 2005 thanks for the advice, i am just trying to get organized for after my discharge when i will begin my credit repair. i am wondering, should i dispute the bk first or last? Link to comment Share on other sites More sharing options...
willingtocope Posted March 1, 2005 Report Share Posted March 1, 2005 Wait for the discharge plus 60 days, then check your credit reports. If this account is listed as IIB, then start letter writing. All your unsecured debts should say IIB...and if you have any judgements against you, then you need to do a little more paperwork. Do a search and you'll see what I mean. Link to comment Share on other sites More sharing options...
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