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Got a letter from Wolpoff & Abramson


wolfhound
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So, as I've posted before these guys have filed a claim against me in the National Arbitration Forum for an old MBNA debt, last payment in Oct. 2001.

Claim was filed 11/06, but not successfully served on me until 4/11/07.

I still haven't received a second notice of arbitration.

Today I get a letter from W&A , also claiming to be representing Palisades Aquisition XVI, LLC, Assignee of MBNA. (Never saw a reference to Palisades before).Now the debt has risen from $1620 plus fees, etc. to $200.96, and they're saying

"As you are aware, our client has filed an arbitration proceeding against you in the above matter. We are writing you in an effort to resolve this matter and avoid proceeding to an arbitration review. That review may result in the entry of an arbitration award against you which may be enforced in state court under applicable law.

Please contact us...blah blah blah so we may work out a reasonable payment plan and/or settlement. A voluntary resolution will avoid any further proceedings and possible arbitration costs that may be chargeable to you in the event you do not prevail in this matter...."

The "attorney's name here is listed, and it's not the same as those on the previous notice, and says NY, rather than MD or DE.

So, anybody have any thoughts?

I believe this is outnof SOL in DE and NC, where I lived when I got the card, and possibly in WA where I live now. Still trying to find out about that.

Should I ignore them and ready my response to the NAF whenever they send me the second notice? Or wrrite W&A and tell them about the SOL, aks them to DV, etc.

Thanks.

Or what?

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ummm didnt we have this discussion..

you wait for your second notice.. you then contact them to see if there is proof of service... but the time for DV has passed big time.. you now have to deal with the NAF claim at hand.. If you want to negotiate payment you can contact W&A.. but if you want to fight this you go through NAF

ALSO remember when you craft your response to NAF you have to send a copy to W&A as well that is part of the response form.. and a fax does suffice

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Yep, I got all that, just wondering why they'd be offering to work it out after they already filed a claim, and whether it's better to let them go to NAF or try to deal with them. (I hate them)

Or call W&A and tell them SOL is out and see what they do?

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lol I hate them too.. its your call..

If you don't want to deal and pay them then fight it in NAF if you want to work out a payment you can try to see where that will go... honestly there is no right or wrong answer... I am guessing they will not play well though... once it goes to NAF they seem to think they are the be all end all...Once mine went there they wont even deal with my lawyers directly. But if you want to pay it.. again its your call, however GET IT ALL IN WRITNG AND DON"T GIVE OUT ANY BANKING INFO.. and if you do pay by check then get a seperate account in another bank for that purpose only.

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Well, they've already filed the claim in NAF and this seems to be a last effort to eget me to pay them before it actually goes into arbitration. I'm not going to call them and make them an offer, which they will probably refuse, and go ahead with proceedings anyway. The only reason I'd contact them is to tell them the SOL has expired.

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