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suggestions for "validation" response


irishfairyspirit
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I receieved the same bull*%#@ response from Mann Bracken that everyone else seems to & am unsure of what to do next. Do I send them another or wait it out? I am interested to know what others have done. They are using an old addy when they have been informed verbally and in writing of the new one so it would seem to me that if they try to send me arbitration papers to the old one that would be a violation.

thanks

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Irish - I just got my bull*$!* response from MB as well. Just got in the mail today. It was 3 pages total, 1st page was just saying they were responding to my DV. Second page had an "account" overview - amount, SSN, Name, etc. The third page was notorized and had an "agents" signature supposedly from Chase. I'll be watching this thread as well. I was watching it anyway figuring my number was about to be called.

I'm going to reply to the DV I believe. I'm goign to do a little more research here b/c I know I've seen a ton of threads regarding crappy validation. From what I remember, this does not serve as proper validation. I could be wrong, but I seem to remember this wasn't considered validation. My letter will prob state that I am in receipt of their letter but that it isn't validation, I'm requesting more than just a sheet with my balance.

Anyone else have any other ideas? Looks like me and you are on similar time tables. I'll probably wait 2 weeks or so before I send them a CMRRR.

I did notice my letter from MB is signed by one of their attys. I read that they are not allowed to affix their name unless they are familar with the debt. Its not a real sig but computer generated. Also, I like their "reply to" email, its arbitration@mannbracken.com. Nice touch. Obviously he could be acquainted with this and even if not, I assume its just a small violation.

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At a minimum, the debt collector is required to confirm with the creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it.

If you feel they have not met an acceptable standard of proof, you should send a follow up letter.

-r

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Hi TX

that is exactly what I got too. I hadn't noticed that it was signed by an attorney though so thanks for pointing that out. Let me know what you find in your research I haven't found anything definitive maybe you will. I'm still stuck on them using my wrong addy. It's like setting me up for a fall of they decided to serve me w/papers which I think would give me a leg to stand on in court, but I don't know.

I have an appointment with another attorney on the 30th but I'm not sure what she can do to help. Her fees seem to be reasonable so we'll see. I started a nutcase letter to them but I haven't finished it. I reall just don't know what to do, nothing feels right so i do nothing for the moment!

Keep me posted on your progress. We need to stick together...

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Definitely Irish, I'll PM you if anything materializes and also what I find out from my research. You do the same so we can maybe be able to better see what we can do. I'm not sure if you've seen budhibbs.com and what bud says about mann bracken. Their MO is basically use arbitration to get an award, then get the award converted to a judgement in your local court. Then they use whatever legal means to get what they want. From what Bud says, they serve you via Fedex for arb, this requires a signature. They may also do cert. mail, not sure, but bud hibbs mentions Fedex specifically.

Also check out CarolinaBlueEyes post on arb. She won hers b/c of SOL. But she has some good advice in the thread about arb.

One thing for sure I'm giong to respond about is that in the validation, I requested proof that I agreed to arbitration. I told them that I did not recall ever agreeing to this (yes, it may have been in the fine print or whatnot or stuck in there with a statement saying if you use the card, you agree to the terms) but I need them to prove/show that I agreed to arbitration in the event of a problem. They did not send this confirmation. So that for sure is going in my letter.

I'm kind of at a loss on how to proceed. I'm still within SOL, its not really close to expiring either. Have about 2 and a half years left. But I'll definitely ask for proof I agreed to arb. I'll prob need to see an atty as well. I had seen one before regarding this issue a few months back when I first got the call from MB. He was pretty much saying I'm SOL and that had nothing to do with statutes. I wouldn't mind settling this but I just don't have the cash. So we'll see. Keep me posted and I'll do the same. Looks like they had a batch send out of DV responses. I sent my DV back in July.

From what the atty said, he said best chance to settle was before an arb award. After that its more difficult for less than owed. Then of course getting a judgement its hard too. If they fail to collect though and time passes, you may be able to get a favorable settlement. But I figured too that once they got the award, the inclination for them to settle would go away, plus they'll take atty fees too. I don't have any atty fees added and letter said if it goes to arb, they'd add on atty fees.

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To hiblues

I dv'd them CMRRR, they signed & I have the green card. The new addy was on the letter A& the envelope. I talked to them before I found this site & updated it then too. The rep told me they have to use the addy where the account originated. At the time I knew nothing about all this & accepted that answer even though it did not make sense. I was upset byt the legal talk. I will not talk to them again

To TX

I did not mention arb in my letter at all. I've got a couple of years to go on this also. I also have 3 citi accounts I'm dealing with also. I dv'd ucb on 2 of them and am waiting to see what they do. I have them on violations so they may bounce it back to citi. It's too much stress that's why I am going to see the lawyer. I haven't had time but my next search is going to be MB & arbitration to see if others have posted their experiences with it. I reall haven't seen any....

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I had one chargeoff go to Mann Bracken in May. I immediately sent the DV and still have never received a response.

Then, earlier this month another chargeoff went to Mann Bracken and I sent the DV. This letter from them specifically mentioned arbitration. They just signed for it and still have almost a month to answer. It bothers me that they had my correct address but sent the letter to my old address. With them jumping into arbitration in a big way that worries me.

I have read everything I can on them and it seems that Bud Hibbs is reporting them doing a lot of arbitration and a lot of people are complaining that they never received notice or they did not get a fair hearing. I think Mann Bracken has figured out a way to manipulate the system so that they will almost always win. But here, and on the other forum I frequent, I don't remember seeing anyone reporting that Mann Bracken actually took them to arbitration.

For what it is worth, I had two chargeoffs with the same creditor that went to Mann Bracken about three or four years ago. These totaled over $26,000. They never responded to my DV, and let both files go beyond the SOL before sendng them on to another JDB.

I have to admit that I am afraid of what they appear to be doing now with arbitration. Both of my current files with them are recent and both creditors confirmed Mann Bracken purchased the accounts.

Please keep posting your experiences.

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I forgot to mention that on the most recent chargeoff that ended up with Mann Brfacken, their initial letter said that I had agreed to arbitration when I applied for the card. This has already been to another JDB and I asked for validation from them. One of the things they sent was the original account agreement. Nothing about arbitration in that.

It will be interesting to see what Mann Bracken sends me. I was specific in my DV in asking for any evidence that I agreed to arbitration.

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Object to the arbitration with MB. CMRRR

Object with the NAF, or whomever they claim the arbitrator is.CMRRR

Make sure that you tell the ARBITRATOR in your rejection letter that if you file suit or counterclaim against MB, you will name the arbitrator personally as a defendant in the suit.

Be prepared to file if they do not drop this.

Make sure you file detailed complaints to 1) the FTC,(CMRRR) 2) your state's attorney general, (CMRRR)3) THEIR state's (MBs) attorney General,(CMRRR) and 4) the BBB in MB's area(CMRRR).

These steps do not work always but i have personal knowledge that they work SOME of the time.

Good luck.

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In the dunning letter, arb was briefly mentioned. There was a sentence that said something like "if we are unable to reach a satisfactory agreement, we will evaluate filing an arb claim against you." So I definitely asked for proof I agreed to arb, which they didn't send in their DV.

So not sure abuot the next move after receiving the validation from them.

Astiman - thanks for the tips.

I do see more people dealing w/ MB, another thread about some fake warrant MB sent them. So they must be getting busy. It seems like MB, up until recently, wasn't really mentioned as much as the other players, like NCO. And like I've said, I haven't seen anything about an arb claim from these jokers. I've done scouring on the web as well in my more paranoid hours. So I don't know. Bud Hibbs says they are and I do believe him. Of course, if they process a ton of claims, who knows in what order they take people to arb.

one thing that made me leary in the original dunning letter was wording like "If you pay the full balance and you owe more, we will send you a bill for the remaining balance." NOW, what I've read about MB doing is EXACTLY that. People pay them, and they send a bill for more fees.

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