HELP! Wolpoff & Abramson - 2 ltrs

Discussion in 'Credit Talk' started by Beth, Sep 1, 2003.

  1. Beth

    Beth Member

    I have recently received two new letters from W & A. Having read a series of messages regarding this firm I am really concerned about how to proceed. Should I send validation letter? Should I send a settlement letter? I want to send something right away because I do not want them to send this to arbitration.

    I need all the help I can get!!!!!!!!!!!!!!!!
     
  2. sassyinaz

    sassyinaz Well-Known Member

    Why would you consider sending them a settlement letter without having requested and received validation?

    They are lowly debt buyers and I'd bet Butch's left arm that they don't have the required validation documentation nor can they get it.

    What letters did they send you?

    They can't win in arbitration without meeting the same requirements, unless of course, you let them.

    Sassy
     
  3. raven

    raven Member

    It doesn't matter, they will win. They won an award against me. Arb is very expensive. They are biased in favor of the cc companies.
     
  4. sassyinaz

    sassyinaz Well-Known Member

    of course it matters, raven!!!!!!!

    How depressing, I am sorry about your experience however.

    The question is the same whether inside arbitration or outside arbitration.

    Did you maintain the question is the question, the underlying debt in the form of required validation and/or to get a judgment?

    And, how can you be required to arbitrate with someone that you have no contractual obligation too -- did you ask and maintain that question or even raise it?

    Did they obtain complete validation and provide it to you and did it also establish your contractual obligation to pay THEM a dime?

    Or did you instead just admit and accept their claims?

    Sassy
     
  5. thetruth

    thetruth Member

    Wolpoff & Abramson neither Validate nor obey FDCPA. You object to the whole arbitration process, object to W & A, MBNA and National Arbitration Forum and NAF will still issue an arbitration award against the consumer. The arbitration award isn't worth the paper it's printed on.

    This arbitration scam is completely bogus.
     
  6. raven

    raven Member

    I know, I'm guilty on all counts. But when I first heard of the arb thing, I didn't know what it was. So I just didn't do anything. I only found these boards recently, and now I'm learning alot more. I'm only just learning about validation also, so I think the validation route is too late for me. They already won their award. So, what else can I do about it?
     
  7. sassyinaz

    sassyinaz Well-Known Member

    Beth,

    Did you send that validation letter????? Yes, I hope is the answer!!!!!!!!

    Raven,

    Don't feel guilty, you did what we all would have done in your same shoes -- can't undo it now. Learn and go forward and figure out how to best deal with them now.

    I responded to the other active thread in error, so wanted to cross-link:

    http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=50218

    You can still send a validation letter, raven, it's not to let -- the award is nothing without a judgment behind it; those are legit proceedings in a courtroom, not like the arbitration sham!!!!!!!

    Sassy

    EDITED TO ADD: Click on the link, Beth, I found a Motion objecting to a Motion to compel arbitration today -- you can use it as a model and template and the arguments.
     
  8. billt1227

    billt1227 Well-Known Member

    raven, you should give details about how you lost arb. basically, w & a cannot go to arbitration unless you agree to arbitration. first thing you should have done was ask for validation from w & a, this will buy you 30 days of no collection activity assuming they can provide validation. then you send letter disputing their right to arbitration without your approval. arbitration is nothing more than an attempt to deny your *day in court*. naf is funded by CC (mbna in particular) so since the cards are stacked against you, object is to stay out of arbitration.
     
  9. Lainie5374

    Lainie5374 Well-Known Member

    I too received a letter from this firm about a year ago. I fired off a request for validation, along with copies of the Spears vs. Brennan court pleadings as well as the FCRA opinion letter about validation, and I never heard a thing back. Never saw a thing on my credit reports from them, either.
     
  10. Beth

    Beth Member

    I too received a letter from this firm about a year ago. I fired off a request for validation, along with copies of the Spears vs. Brennan court pleadings as well as the FCRA opinion letter about validation, and I never heard a thing back. Never saw a thing on my credit reports from them, either.

    Can you tell me what Spears vs. Brennan is and how can I get a copy. Also, where can I find the FCRA opinion letter about Validation.

    In addition, the collection company Sherman Acquisition has now sent me an offer to settle regarding one of the two accounts that W & A sent a letter regarding. I am considering acception their offer since it is half of the what they say I owe. Although even that is more than what the original debt was.

    Does anyone have any thoughts on this?
     
  11. Phreedom

    Phreedom Well-Known Member

  12. sassyinaz

    sassyinaz Well-Known Member

  13. raven

    raven Member

    OK, here goes. At the time I got the arb letter, I was signed up with a debt management co. I called them about it and they said that W & A were going to get a judgement against me, and to fax them the paperwork. I did, and they called and told me they offered a monthly payment to them. Meanwhile, I never signed anything about agreeing to payments. After that, I decided not to continue with them due to the fact that I could no longer make the high payments. They settled 1 debt for me at 50%(not MBNA), but I'm sure I'll be paying for that come income tax time.(1099C). So it went to arb anyway, and I lost. At the time, I just had started reading about validation, and I did ask someone at this company what it was, and he said he didn't know. So, I didn't know what to do. So I just let it be. I'm just finding out now that there are letters to write rejecting arb, but too late for me. So, I was supposed to make these monthly payments to W & A and the large monthly payment to this company, I don't think so. Impossible! Anyway I kind of figured out that by the time all my debts were settled at 50% at the end of 36 mos.(I had 25 mos. to go in the program) they would be back to the original amounts that I had when I stopped paying. Sorry this is so long. And I really appreciate your advice. Thanks!
     
  14. Beth

    Beth Member

    I am starting to get the picture having read the opinion letter and some of Spears vs. Brennan.

    My question is if they are not reporting (which they aren't in my case) which letter should I include?
     

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