NAF Help Please!!!!! MBNA

[digging_out]

Hi,

Okay so Im not sure if I dont word my questions well but so far I do not get many replies to my questions but I am trying again.

I have NAF suit filed by ASSet for alleged MBNA acct. Ive done tons of reading and research on this site. I sent in my response and requested a particpatory hearing in my state. I also requested that I not have to pay the hearing fee since the BS arbitration agreement they submitted says MBNA funds all of this.

Well this lovely forum responded by sending Asset a letter asking them if they will pay for the hearing! Of course you can guess what their response was.

Now today I get an email from the case coordinator basically saying: The Claimant did not submit any documentation granting your Request that they pay your portion of the Participatory Hearing Fee. Therefore, the outstanding Hearing Fee remains due from you. You will be emailed a letter regarding this today.

Any suggestions on how to proceed now? I would really appreciate any help. thx

[astiman]

I gues the first question is:

Why did you not REFUSE arbitration?

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=227015

[digging_out]

I did refuse it in my first response. But as many of the people on here have written....this does not matter with NAF. All that did was prove I received the notice of arbitration and things proceeded anyway.

So my next move...as many have suggested on here was to request a participitory hearing.

[ping]

Once they get a NAF award, they still have to find a court to uphold/ confirm it.

At that point, you have a better chance in court instead of the NAF since the rules of evidence in the forum are slanted towards the creditor/CA.

there have been rulings for and against it depending on the state.

you have to argue it very carefully;

sometimes the right to Arbitration is not transferred in the assignment.

http://www.secinfo.com/d113He.z1t.c.htm (a credit purchase agreement aka an assignment of accounts where the seller certifies that the accounts sold are not subject to mandatory binding arbitration

5) Representations and Warranties of Seller.

(x1) Card Member Agreements. No Account is subject to any card member agreement and disclosure statement mandating claims, disputes or other controversies arising out of or relating to an Account to be submitted to any form of arbitration or alternative dispute resolution process including, without limitation, binding or mandatory arbitration.

Asset acceptance is a publicly traded firm, maybe you can find their filings

They Also have to prove that the right to arbitration was transferred, and they have to prove they own the account in accordance with the state statutes.

Read these;

http://www.websupp.org/data/DAZ/4:06-cv-00520-56-DAZ.pdf

http://www.marsomichelsonharrigan.com/Order.pdf

http://www.debtjurisprudence.org/MBNA_Kansasarbopinion.pdf

http://www.in.gov/judiciary/opinions/pdf/06120803bbs.pdf

http://vlex.com/vid/midland-funding-ncc-2-corp-johnson-41409931

[astiman]

You said,

"I did refuse it in my first response. But as many of the people on here have written....this does not matter with NAF"

All I can tell you is that in my case it mattered. I beat them.

Good luck. At this point a lawyer may be necessary.

[trueq]

Yes, OBJECTING TO NAF does matter in WI. WI has powerful case law on this.

WI has the benefit of Coady vs. Cross County Bank.

Credit card arbitration in WI has been rendered procedurally and substantively unconscienable.

ALL LOCAL DEBT COLLECTING FIRMS HAVE STOPPED ARBITRATING AND ARE LITIGATING NOW IN WI.

National firms with no lawyers admitted to bar in WI are still arbitrating.

In WI, you want arbitration. IT PRECLUDES AND PREEMPTS LITIGATION AND ESSENTIALLY RENDERS CLAIM WORTHLESS.

I have 2 NAF arbitration awards against me. 1 was a kangaroo hearing with nAF with objections. Another one was a document hearing, with objections and demand for in person hearing. NAF is a consumer unfairness scam all the way around. Neither one has been confirmed or will be confirmed. 1 has expired the 12 month confirmation limitation.

This national debt firm from Maryland then farms the arbitration award to a local WI debt firm, but they will not confirm!

****************

NO CREDIT CARD ARBITRATION AWARD HAS BEEN CONFIRMED IN WI BY A CREDITOR SINCE JANUARY 2007, THE MONTH THE COADY DECISION WAS RENDERED. BASED ON EXTENSIVE RESEARCH ALL THE BIG DEBT LAWYER PLAYERS VOLUNTARILY DISMISSED ALL PENDING ARB ITRATION CONFIRMATIONS IN EARLY 2007, EVEN THOSE WHERE THE DEFENDANT/DEBTOR DID NOT ANSWER THE CONFIRMATION!

****************

(At least with the main players.)

[ping]

all your posts of WI doesn't help the OP since they are in Ohio.

do you have any case law on this for Ohio???

[montanatim]

From my personal research on arbitration, I firmly am of the opinion that these must be fought in court.

The filing for a stay/injunction against the arbitration on the grounds that no agreement exists, should bring the chain of title into question, as well as the survivability of the arbitration clause when sold or assigned/transfered.

Assuming that they even have a viable signed document proving they have an arbitration clause to argue about.

[astiman]

Ping and others:

I wasn't asserting that he/she should fight as I did in WI. I was just asserting the fact that in MY case, I was able to win by simply refusing Arb.

As for the OP, Ohio is one of the LEAST debtor-friendly states in the nation. I would research the RCPs, and possibly consult with a NACA attorney on this.

[ping]

http://www.dltlaw.com/CM/Alerts/Second-Circuit-Reverses-Challenge-To-Mandatory-Arbitration.asp

http://blog.cleveland.com/business/2007/12/2008_will_see_big_consumer_iss.html

http://www.uslaw.com/library/Personal_Injury_Law/Arbitration_Clause_Stricken_Court_Appeals.php?item=295716

http://www.adrforum.com/adrupdate/ADRUpdatePolicy/December.14.2007.html#1354

Split Authority – For anyone interested in specifically which jurisdictions permit class action waivers, the Scott court provided a partial list. Courts finding class action waivers in arbitration clauses enforceable include: Jenkins v. First Am. Cash Advance of Ga., 400 F.3d 868 (11th Cir. 2005); Iberia Credit Bureau, Inc. v. Cingular Wireless L.L.C., 379 F.3d 159, 174 (5th Cir. 2004); Snowden v. Checkpoint Check Cashing, 290 F.3d 631, 638-39 (4th Cir. 2002); Dale v. Comcast Corp., 453 F. Supp. 2d 1367, 1377 (D. Ga. 2006) (applying Georgia law); Tillman v. Commercial Credit Loans, Inc., 177 N.C. App. 568, 629 S.E.2d 865, 875 (2006); AutoNation USA Corp. v. Leroy, 105 S.W.3d 190, 199-200 (Tex. App. 2003).

Courts finding class action waivers in arbitration clauses substantively unconscionable include, for example: Ting v. AT & T, 319 F.3d 1126, 1150 (9th Cir.2003); Skirchak v. Dynamics Research Corp., 432 F. Supp. 2d 175, 181 (D. Mass. 2006); Edwards v. Blockbuster Inc., 400 F. Supp. 2d 1305, 1309 (E.D. Okla. 2005); Luna v. Household Fin. Corp. III, 236 F. Supp. 2d 1166, 1178 (W.D. Wash. 2002); Lozada v. Dale Baker Oldsmobile, Inc., 91 F.Supp.2d 1087, 1105 (W.D. Mich. 2000); Leonard v. Terminix Int'l Co., L.P., 854 So.2d 529, 538 (Ala. 2002); Discover Bank v. Superior Court of Los Angeles, 113 P.3d 1100 (Cal. 2005); Powertel, Inc. v. Bexley, 743 So.2d 570, 576 (Fla. Dist. Ct. App. 1999); Kinkel v. Cingular Wireless, L.L.C., 857 N.E.2d 250 (Ill. 2006); Whitney v. Alltel Commc'ns, Inc., 173 S.W.3d 300, 314 (Mo. Ct. App. 2005); Muhammad v. County Bank of Rehoboth Beach, 912 A.2d 88 (2006); Schwartz v. Alltel Corp., 2006-Ohio-3353 ¶ 36, 2006 WL 2243649 (Ohio Ct. App.); Vasquez-Lopez v. Beneficial Or., Inc., 152 P.3d 940 (2007); Thibodeau v. Comcast Corp., 912 A.2d 874, 886 (Pa. Super. 2006).

Defendants would clearly be better off in the former jurisdictions, and plaintiffs the latter

[Credithis]

Or, you can do what one person did. Send a DV to NAF,cmrr, stating that since you (NAF) are being employed by Asset in a debt collection matter as a collection agent, you are being considered a CA. ASk away what you want then near the end state this is ensuring my rights under the FDCPA. Nothing on Assets letterhead or NAF's is considered nor will be accepted as proof. I will enforce my rights under the FDCPA up to and including Federal Court.

Believe it or not folks, these people have ALWAYS shied away from any involvement with the Feds as it is apt to make case law against em.

Just did this for a friend and they dropped it like a hot rock!