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W&A Arbitration Challenge w/Fraud to vacate FL.Resident

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To start with thank you for all the useful information on this site!

Here is my challenge; I had 2 MBNA accounts that ended up with Walpoff & Abramson (W&A) they took me to arbitration of course with NAF (hmmm) I lost. I sent in according to there site 2 letters saying I wanted to appeal never received a response. As a side note I live in Florida the debts are from 2002 almost SOL at this time. Also I DV them on 5 separate occasions in 03 with return receipt letters I never received validation. I know I know I should have sued them for violations but I did not its water under the bridge. In my arbitration response I state based on FDCPA § 809. Validation of debts B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. that W&A had no legal standing to proceed, as they had never validated the debt. So the Arbitration panel was aware the law was violated but went ahead with the hearing. I just recently was contacted that a law firm is going to have the arb award confirmed.

I have done some research in regards to Arb awards and how to vacate them. In the state of FL in the State Statutes 682.13 (1) Upon application of a party, the court shall vacate an award when a) The award was procured by corruption, fraud or other undue means. The SOL on this 4 years from when it occurred. My premise is that W&A had used Fraud to induce the arbitration to proceed, as they had not complied with even the basics of FDCPA they could not have proceded until they validate.

I want to file to have the Arbitration award vacated on these grounds suing W&A as they are the ones who committed the fraud. I have all the original paperwork and Return Receipts that were sent on this issue so paperwork is available to back this up with the courts.

Please if anyone can tell me where I might be going wrong or what else I might do to win this. W&A is scum and they lied, my feeling is they won’t even show up in court.

Thank You LIDS13

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