bird Posted April 19, 2007 Report Share Posted April 19, 2007 NCO arbritrated a case against me for MBNA at the NAF. I didn't agree to go to the NAF but b/c I thought I had no choice, I also did not respond to it. The NAF ruled against me.A few days ago I received a citation that I have to respond to. I have been reading some of the threads in this board. As one of my defenses I wanted to dispute that I had not agreed to be part of the NAF proceedings. I don't know if I can use this defense though b/c I didn't dispute it initially.Also I had not looked at my Credit Report until after my citation and did not know that NCO may have said that I last paid in 2006 when I had ceased paying in 2003. I had not disputed the debt for the reasons above and also b/c I knew the debt was valid. I did not agree w/ the high interest rates and other charges that were being applied against me. Yesterday I called NCO, which may have been a mistake, and asked them if there was some kind of payment plan I could start making. But they want at least 2k in three installments. I don't have this kind of money and told them. I've read that I should reply to my citation and not have a default judgement. I just don't know if my defenses set above would be ok since I didn't bring them up before the NAF arbritration or before I received my summons. Thanks for any advice. Link to comment Share on other sites More sharing options...
vialna Posted April 19, 2007 Report Share Posted April 19, 2007 first of all naf is a credit cards dream...they generally always win, and since thats the case alot of cc companies use them...once they win in arb. court they try to get their award through your court system...that is what u have to fight...thats where u need to respond...how to win is dispute the debt...never had debt ...dont remember this account and dispute that you ever had an arbitration agreement with any cc u had....mbna was famous for sticking arb contracts in mailings with bill...like a flyer...u need to read your rules of civil procedure...and also contact an attorney in your area...consumer law...and ask it they handle cc debt and arb awards... Link to comment Share on other sites More sharing options...
bird Posted April 19, 2007 Author Report Share Posted April 19, 2007 thanks for the advice vialna. I called an attorney and she wanted $150 in consultation fees plus a retainer that would be payable in full before she took the case. I really can't afford that so I'm going to go it alone. Link to comment Share on other sites More sharing options...
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