CarolinaBlueEyes Posted April 5, 2007 Report Share Posted April 5, 2007 Feeling a little low today and need to know if this is hopeless..Short version and some of you are aware of this...I had a wachovia card.. it was bought out by MBNA.. I never used the card as MBNA.. only paid on it (they raised the interest when they bought it).. when they got it I was already behind on payments .. so it was ONLY used as a wachovia card.. which had NO arb agreement.MBNA sold it to a slimy lawyer JDB..they wouldnt settle they wanted to take it to NAF... the SOL has run out as of Feb 28... the JDB has some server throw papers at me last Saturday.. not sure if this is proof of service since it has no signature.NAF rules #6(proof of service) and #10 (the SOL rule) here have been violated.. then rule #41 states any document over 90 days old needs to be refiled... the document they hit me with was over a year and a half old.. not even updated.dispite all this it appears I am told they still can award these clowns.. I just don't get it..has ANYONE ever disputed a NAF claim and won... I need some good stories.. its amazing to me that THREE of their own rules.. plus no arb argreement are broken and yet they look the other way... I feel sooo discouraged... help Link to comment Share on other sites More sharing options...
phoenix2ny Posted April 5, 2007 Report Share Posted April 5, 2007 Feeling a little low today and need to know if this is hopeless..Short version and some of you are aware of this...I had a wachovia card.. it was bought out by MBNA.. I never used the card as MBNA.. only paid on it (they raised the interest when they bought it).. when they got it I was already behind on payments .. so it was ONLY used as a wachovia card.. which had NO arb agreement.MBNA sold it to a slimy lawyer JDB..they wouldnt settle they wanted to take it to NAF... the SOL has run out as of Feb 28... the JDB has some server throw papers at me last Saturday.. not sure if this is proof of service since it has no signature.NAF rules #6(proof of service) and #10 (the SOL rule) here have been violated.. then rule #41 states any document over 90 days old needs to be refiled... the document they hit me with was over a year and a half old.. not even updated.dispite all this it appears they want to go with awarding these clowns.. I just don't get it..has ANYONE ever disputed a NAF claim and won... I need some good stories.. its amazing to me that THREE of their own rules.. plus no arb argreement are broken and yet they look the other way... I feel sooo discouraged... helpThis isn't surprising since it is the CC companies and JDBs who keep NAF in business. Did you not refuse arbitration? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 5, 2007 Author Report Share Posted April 5, 2007 refusing arbitration is a huge waste of time.. this was told to me by Bud Hibbs, my NACA guy and recovering attorney here... that piece of paper means nothing.. they just toss it in the pile... I have yet to meet or read about anyone who sent that letter and the NAF people considered it..even the NACA lawyer said the document was full of fraud.. and I think he is going to file in federal court.. but the fact they broke their OWN rules and I am not bound by ARB just gets me Link to comment Share on other sites More sharing options...
AISLE4 Posted April 5, 2007 Report Share Posted April 5, 2007 Even if they do get the arbitration win, how could they possibly get it turned into a judgement? They didn't even follow their own procedural rules. Don't they know who you are? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 5, 2007 Author Report Share Posted April 5, 2007 Even if they do get the arbitration win, how could they possibly get it turned into a judgement? They didn't even follow their own procedural rules. Don't they know who you are?lOL thank you.. that made me laugh!! YOU would think they would know better...frankly.. I am not sure about the local judges.. they tend to be closed minded and old school.. I live in a county the size of a postage stamp... the words ARB scare the crap out of the local lawyers here.. I had to go outside the bubble to find one...My side believes either the arb or the judge can't rule in their favor but then its been pointed out to me.. they can also be idiots.. sad but true.. three of those proceduers were violated yet still they continue.. its like the Mafia of collections. Link to comment Share on other sites More sharing options...
AISLE4 Posted April 5, 2007 Report Share Posted April 5, 2007 The credit card industry is the new mafia. They are loan sharks. I wasn't joking when I said in another thread that I could get a better interest rate from the mob. Creditors today are kinda like those drug dealers that hang around schools offering free samples. It wasn't too long ago that I'd regularly get checks in the mail made out to me for amounts up to 10K. Accompanying the check would be a colorful letter suggesting I take a cruise or do some home repairs. I never used those checks, but I sure wish they were still coming now that I could actually use one. A cruise sounds like a good idea now. They want you in debt up to your eyeballs, and they want you to miss payments and exceed your credit limit. The enterprise becomes enormously profitable when they can start charging fees and raising the interest rates to absurd levels. Well, it becomes profitable if the debtors pay. It's an organized plot to destroy the middle class. I've decided to meet their absurdity with absurdity. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 5, 2007 Author Report Share Posted April 5, 2007 its amazing.. i always paid the bills then lost a business after 9-11.. I was able to work out payments with most of the creditors.. but the JDB's were another story which is ironic since they are not the ones that lent me money to start withI guess what gets me is the interest. .. the fees and lord knows what else... is added.. there is a reason its a billion dollar industry.. little investment...the thing is for 15 years I never had a late payment.. I had one bad year and five years later it still affects my credit... I know.. I am venting.. but this NAF thing really gets me.. I never agreed to it.. yet here it is..... Link to comment Share on other sites More sharing options...
AISLE4 Posted April 5, 2007 Report Share Posted April 5, 2007 I know. I had stellar credit for my entire adult life. The creditors were tripping over each other to give me more credit. Never missed a payment in over 15 years. One set back on my end and the squeeze started. The thing is I don't like being pushed around. I'm a vindictive SOB. Cross me and it's a fight to the death. Not the best quality, but, hey, that's who I am. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 5, 2007 Author Report Share Posted April 5, 2007 I know. I had stellar credit for my entire adult life. The creditors were tripping over each other to give me more credit. Never missed a payment in over 15 years. One set back on my end and the squeeze started. The thing is I don't like being pushed around. I'm a vindictive SOB. Cross me and it's a fight to the death. Not the best quality, but, hey, that's who I am.We would be great friends .. I am like you.. not going to get walked on.. but situations like this one.. exhaust me some days today feels hopeless.. I know i am in the right.. i know they voilated everything under the sun and were BLATENT about it.. yet still here I am worrying about this thing haunting me forever Link to comment Share on other sites More sharing options...
AISLE4 Posted April 5, 2007 Report Share Posted April 5, 2007 You're armed with information and you have a lawyer sidekick. I'm thinking this will end in your favor. A huge headache, no doubt, but you will be the victor. And if you lose, take names. I know people...just kidding about that knowing people part..., or am I? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 5, 2007 Author Report Share Posted April 5, 2007 I so hope you are right.. I am trying to stay postive but you cant help thinking that you will end up living in your car when they cart away the house.. I know its dramatic... but its hard not to think of the worst.. the thing is all my other accounts are dealt with or settled or done or past SOL.. this one keeps coming back like a crab grass.. SOL be damned according to NAF Link to comment Share on other sites More sharing options...
vialna Posted April 6, 2007 Report Share Posted April 6, 2007 JUST A DUMB QUESTION...BUT WHAT about if you file a suit against them in federal..by them i mean the cc...what would that do...to nafs award????????just a thought Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 6, 2007 Author Report Share Posted April 6, 2007 JUST A DUMB QUESTION...BUT WHAT about if you file a suit against them in federal..by them i mean the cc...what would that do...to nafs award????????just a thoughtMy NACA guy is working on that.. they have a few violations... we were trying to kill it in NAF first before it hit the federal level Link to comment Share on other sites More sharing options...
Methuss Posted April 6, 2007 Report Share Posted April 6, 2007 Check your local district court. Here in Illinois you can reject an arbitration decision just by paying a $200 fee to the court that they try to convert to judgment in. If North Carolina has a similar procedure, you can bounce their butts right out. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 6, 2007 Author Report Share Posted April 6, 2007 Check your local district court. Here in Illinois you can reject an arbitration decision just by paying a $200 fee to the court that they try to convert to judgment in. If North Carolina has a similar procedure, you can bounce their butts right out.I wish we had that... in VA I understand they get bounced if both parties don't agree.. I think in NC its much tougher.. if you find out different please let me know... I am losing sleep to say the least.. considering every violation by these people seems to have no bearing. I am also told that its rare that it's NOT turned into a judgement.. I have a great lawyer and another one who has been wonderful on advising from this board... but it comes down to one arbitrator (gee wonder how that will go) and maybe even a judge... Link to comment Share on other sites More sharing options...
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