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pulpfiction

My battle against Wolpoff & Abramson/MBNA

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Well, I defaulted on my MBNA card, and (of course) I was just dunned by the fine, upstanding law firm of W&A. I've read a ton about them on AoC and various other credit message boards, and have sort of formulated a strategy. Do you guys think I have the slightest chance of coming out of this thing without (a) having a judgement entered against me or (B) having to file BK? The balance is over 8k, and I'm sure they're looking to tack on a couple thousand in "legal fees" (riiight...like there's any work involved when you're NAF's sugar daddy?!) Has anyone ever fought these vultures and came out okay in the end? They really seem to be the most difficult CA/JDB out there.

My plan:

-Recieved initial dunning letter from W&A, and of course sent a DV, with a limited C&D.

-Now, if they call me after signing for the CMRR DV, that's a violation. By the way, since I lack a cell-phone recording device, can I simply prove they called via a copy of my cell phone bill, which shows the numbers of all incoming/outogoing calls?

-I also understand that if I get an arbitration notice before they validate, that's another violation for continued collection activity.

-So, if I have them on the above two violations, would my best course of action be to go ahead and sue W&A before the arbitrate me, as sort of a pre-emptive strike?

-As far as the arbitration, I plan to send Refusal to Arbitrate letters to both W&A and NAF.

-I understand that NAF must furnish the name of the arbiter assigned to my case to me, in advance. I could then send a letter to the arbiter personally, threatening litigation against both he and NAF if he/she proceeds with the arbitration, and hopefully keep doing that. Would W&A eventually fold after enough arbiters remove themself from my case?

-I realize that, even if I do all of the above, it's extremely likely that W&A will get their arbitration award against me. What can I do at this point to prevent the award from being converted to a civil judgement against me? Also, why do they tend to farm this part out to another collection law firm?

Any input would be MUCH appreciated (as well as any success stories regarding W&A) Thanks!

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My plan:

-Recieved initial dunning letter from W&A, and of course sent a DV, with a limited C&D.

-Now, if they call me after signing for the CMRR DV, that's a violation. By the way, since I lack a cell-phone recording device, can I simply prove they called via a copy of my cell phone bill, which shows the numbers of all incoming/outogoing calls?

Yes. The only reason you'd record calls really, is to get verbal violations on tape.

-I also understand that if I get an arbitration notice before they validate, that's another violation for continued collection activity.

I'd say that's continued activity. What kind of "arbitration" notice do you mean? Just a letter requesting it, or an actual court filing to force arbitration? The latter would be a huge violation.

-So, if I have them on the above two violations, would my best course of action be to go ahead and sue W&A before the arbitrate me, as sort of a pre-emptive strike?

May be hard that early in the game. You'd have to prove they did it deliberately, knowing it was a violation.

-As far as the arbitration, I plan to send Refusal to Arbitrate letters to both W&A and NAF.

-I understand that NAF must furnish the name of the arbiter assigned to my case to me, in advance. I could then send a letter to the arbiter personally, threatening litigation against both he and NAF if he/she proceeds with the arbitration, and hopefully keep doing that. Would W&A eventually fold after enough arbiters remove themself from my case?

-I realize that, even if I do all of the above, it's extremely likely that W&A will get their arbitration award against me. What can I do at this point to prevent the award from being converted to a civil judgement against me?

Your plan hinges on them not being able to validate, and committing violations. If they can and do validate, you'll need a new plan. Also, there's a limit to how much they can tack on in "fees", and I believe they cannot tack on their legal costs either, even if they win. So you won't get a couple thousand extra on top of the balance. Someone else can verify that.

A complete refusal to arbitrate, if awarded to them (and they have valid proof of the debt), will not look good to the court if they try to go for a judgement. You can still bury their lawyer in paperwork and drive up their legal costs, using the "Flyingifr" method that's posted on AoC.

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Good Luck! In the end, they will win. W & A are very, very agressive collectors, and will do anything to collect. They did the same thing to my wife, and she had a balance on her MNBA card of $5,000. Luckily, we were able to borrow some funds and paid them off in full.

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Getting as many violations as you can is the best bet. Remember that each FCRA violation is a Deceptive Trade Practices Act violation. Not to mention your state's laws. You'll be over $8000 in no time, considering that merely reporting it as an installment or as a factoring account is 5 violations each-EACH REPORT, EACH MONTH.

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Do your homework. Do it Good! I CO 12K with MBNA and fought W&A. Don't let them scear you. that's what they want you to do so you can pay the debt. It is they practice to collect.

I challenged the arbitration and won from NAF. Not once but twice. The other was Mann Bracken in Atlanta. Both gave up.

:wink:

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