I haven't seen this specific question yet(but then again I am new, so if it has been asked, please forgive me). In fact I am surprised I haven't seen more people writing about bad experiences with Mann Bracken, LLC out of Atlanta. The OC was Chase Bank, MB bought this charged off debt. Before I sent my validation/cease and desist letter, these people were calling here 50 times a day!! NO LIE, one day, ALL DAY, every 5 minutes!! No kidding! I finally sent the letter AND had my phone # changed. I have TRIED to talk to these people, I really did. Finally, I just gave up. I have gotten quite a bit of helpful advice from Budd Hibbs (buddhibbs.com) I received a letter From Mann Bracken telling me they planned on proceeding with an arbitration. ( The kicker here is I have not received ANYTHING in writing before this, this 'arbitration' packet was the 1st thing in writing I had received them EVER, before that I had only spoken to them ONCE on the phone). **It says** RESPONDENT(s): THIS IS AN ARBITRATION CLAIM AGAINST YOU FOR MONEY OR OTHER RELIEF. YOU HAVE 30 DAYS TO SERVE THE CLAIMANT WITH A WRITTEN RESPONSE. IF YOU DO NOT SERVE THE CLAIMANT AND FILE WITH THE NAF A WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU.** What I DON'T understand is HOW can arbitration be their FIRST written contact??? (I should also add that the cover letter did have the mini maranda on the bottom) BH told me to send a letter of dispute to them asking for validation, because after all it was their first contact in writing. Before that I had only spoken to them one time on the phone. By law they HAVE to contact you in writing so you have the chance to dispute. The way Budd tells it, Mann Bracken OR the NAF (national arbitration forum) CANNOT proceed without validating the debt first pursuant to the FDCPA 15 USC 1692g sec. 809. I sent a letter to MB, certified return receipt requested. I got my little green card back on June 26th. According to Mr. Hibbs and everyone else I have talked to they have 30 days to validate my dispute. I have heard nothing yet from Mann Bracken, but have received a letter from the NAF that they have signed a 'case coordinator' for my arbitration. (BH told me I needed to send notification to BOTH parties,) BH also told me that the NAF will not be able to continue with arbitration until MB has validated, yet there is a bunch of jibberish (why do they make it so hard for the common man to understand?? Do they do that on purpose??) about Requests (it says) **All requests, other than stays and voluntary dismissals, must be filed with the forum no later than August 7, 2006. All requests must be submitted in accord with NAF rule 18 that requires, among other provisions, that a request be filed with proof of service or the request documents on all parties. There are no fees for requests filed within the 45 day time period, unless otherwise provided in the fee schedule. Then it says something about objections, times extensions, deadlines and voluntary dismissals and stays All with deadlines of some sort. I am confused. What does all this mean? Is August 7th when they want to hold a hearing?? Or is it a deadline for any argument? I am not sure what the argument (or case) is UNTIL they validate. I asked BH what to do and he said don't worry until I get something from MB, but I have to tell you, I don't really want to 'wait' until it is too late. What is my next step? I am really confused. Can MB IGNORE my validation request and move forward with an arbitration?? I was under the impression (again from BH and all the research I have done so far) that they HAVE to validate. BH says he "thinks" their next step will be a stay....but I have heard NOTHING yet from MB, and I am getting a little worried. BTW, BEFORE I get bashed, I DID try to make payment arrangements with the OC AND the collection attorney (mann bracken) but they would NOT settle for what I had to offer, which isn't much because I am out of work. BH also has MB listed on his site as scum suckers. He told me over the phone DO NOT work with these people. They are not honest and I will be worse off. They are on his list of 'worst collection agencies in America' So now I am playing the waiting game. I don't know if I should wait for the 30 period to be over and no validation, but THEN WHAT? I hope all of this makes sense. Any advice would be greatly appreciated. AND ANYONE who has dealt with this kind of issue OR Mann Bracken in the past, please lets hear from you too! THANKS ALL for the help in advance, I really need it. PEACE~
I received a letter from MB 6/28/06 saying that they had had an old Citibank debt referred to them for review from the CA, Midland Funding, LLC. I didn't respond to that letter in any way. This past Monday I was awakened(I work at night) by FedEx with a packet for me. I didn't look at the packet, was still half asleep, until after he'd left. It was addressed to S ____ but I signed the board using my middle name, not knowing they'd used ny first name initial. In the initial letter they stated that they would send "verification" of the debt if I requested it. Not validation, but VERIFICATION. In the arbitration packet the cover letter states they are offering a "compromise of 70% of my balance of $4726.71". Mann Bracken has left messages on my answering machine here at home but I've never returned their calls. At the tope of the arbitration claim it states "Midland Funding LLC successor in interest to Citibank(South Dakota), N. A. C/O Mann Bracken, LLC vs S ____. I disputed some credit reporting on my credit record in April and since then, all kinds of "snakes" have come crawling out of the woods. Prior to that, it was claimed by some of the creditors on my credit report that they couldn't locate me. I recently attempted to get credit through a company replacing rotten windows in my house, knowing I'd get turned down, and I'm now wondering if that is why they are pursuing the arbitration crap. They THINK I have money.......sorry for them! I told the salesman that my credit had been ruined and wouldn't be accepted for credit but he said it was worth a shot anyhow. So be it.... I still have another matter still pending in "limbo" through an attorney that I got hit with in April through another old debt that was past SOL and the attorney was trying to get validation. Oh....back when I disputed the stuff on my credit report, Midland Funding, LLC was deleted by the CRAs. I'll definitely be watching this thread and with you, am open to ANY advice. I don't have money to go back to the lawyer with a new problem.
I seems that I am about one step ahead of you in the same situation. I sent a letter refusing arbitration. I never signed an arbitration agreement, therefore I feel I have the right to refuse it. My letter was completely ignored and the latest letter named an case coordinator who will take the case forward. At the same time I have repeatedly asked for validation from Mann Bracken and they have failed to validate. So I have them on several violations, if they end up taking this to court. I will send a letter to the case coordinator stating the facts that I never agreed to arbitration per cardmember agreement and that I have refused arbitration all along and that CA has failed to validate alleged debt. If she pursues this further, I will file complaints and pursue legal action naming her in the complaints. I have heard this approach has worked and case coordinators resign from cases where the consumer is informed and follows up after each notice. Just keep all letters and send everything CMRRR. Jen
OK...here's my "dilemma"...according to the "validation" rules, as I understand them, MB includes all the things listed as "validation" in the letter and also on the arbitration form. Namely, CA, OC, original account # w/OC, amount of claim and MB case #. Am I being stupid here and not understanding? It seems kinda ridiculous to send a DV letter when I'm sure they will ignore it and IF, IF they responded would probably not give more than they have in the letter. As to sending the letter of refusing arbitration, I have no clue how to word it or what to say. I went to another credit website, CreditWrench, which basically put the letters on THIS site down stating that they make us look like idiots and are easily recognizable to the CA's and judges (when entered in court cases). So......to put it mildly, right now I'm totally frustrated, discouraged and down right depressed. I don't have money to go to a lawyer and I really am afraid of making things worse. I had started to send the DV letter to MB but after reading on CreditWrench the exact letter and the notations made after each paragraph of the letter, I said, "uh oh...can't go that way. I'll just be taken as a joke and fool." Talk about discouraging! So now what? There's plenty of letters on here for validation requests but I don't remember seeing anything for arbitration cases. I'm NOT legal-savy, but I am smarter than I used to be about old debts, mainly because of this site and Bankrate info. Actually, Bankrate is how I found you guys. LOL Any help would be more than appreciated and taken. I'm not asking for someone to do my work for me, but I need some solid idease/suggestions as how to go. Jen...did you send the refusal of arbitration to both MB & the NAF? It was stated on the other website that you needed to send any letters to both. As far as MB being in trouble not responding to the DV letters you've sent, well....true it does create a "papertrail" but if they put the stuff in the dunning letter they send you, that may be why. Anyway....gonna get some shuteye & TRY to stop my brain thnking about all this crap. Will be looking back here to see if anything is offered. Good luck Jen....I mean it. I'll be interested to see what happens with your case.
Website letters tend to be a catch-all for whatever whoever posted them thought was important at the time. They are typically not maintained or systematically reviewed, and you have not had an attorney with any experience with consumer debt collection review them for applicability to your particular situation. You might find some more applicable letters on some attorney sites. You are probably best keeping your letters simple and direct, addressing the purpose for which you are sending them, and fitting into one of the specific consumer dispute/validation rights specified in FDCPA or FCRA, so that if you later go to court, a judge will agree that the CA or OC had an obligation to respond. Stuff sent with their dunning letter is NOT the same as what they would have to send in response to a dispute/request for validation. The CA, in sending it in their own letter, are not even claiming they obtained it from the original creditor, nor are they claiming to have checked it against the original creditor's records. Since they are a CA, they do not have the original records of the original creditor. Nor can their employees legitimately swear to the accuracy of records they did not create in the normal course of business. What they sent with their dunning letter was information they got when they bought (or were assigned) the debt, probably received by them in electronic form, possibly after other sales and transfers thru other CAs. The data could be corrupted, with errors, or payments or settlements could have been made, either to the original creditor, or to CAs along the way. There could be an issue of whether any fees or interest added to the total is accurate, or whether payments made were correctly applied. If all you have is a total, you have no way of checking any of that. What you are requesting when you request validation is information obtained by the CA from the original creditor following your request, directly from the original creditor's records, and then forwarded to you by the CA. The CA doesn't know, and can't know, if the electronic records of the debt they got when they bought the debt are accurate. Validation is the procedure provided by FDCPA for the consumer to check that claim against the original creditor's records. And, no, I am not an attorney, either.
If you have never signed an agreement to arbitrate, they cannot force you to do so, and any arbitration result is invalid. This seems like some kind of slick trick to get a judgment against you without actually going into court where a judge might not let them get away with this kind of game.
Thanks ontrack & mouthpiece for your input. Feel a little better now....I've got another question but will start a new thread for this one.
to NCLady Thanks for your good luck wishes. Initially I received a letter from MB and refused arbitration. I found a good letter to use on another site, not sure if I am allowed to post it here. Then when NAF contacted me, I sent the same letter to me. They refused it because I didn't include their form with it. I then resent it, but they are proceeding with the process. If your cardmember agreement didn't include arbitration, they are not supposed to proceed, but often will. Even if they decide against you, they would have to go to court to collect on it. You can then go with your evidence: refusal letters, validation letters etc and you have a chance of winning. Just don't miss any deadlines, so you are not railroaded. And when they assign a case coordinator, write them personally. I have heard they excuse themselves from the case when they smell an informed consumer. Good Luck. Jen
Hey guys...here's an update on my Midland Funding, LLC/Mann Bracken, LLC arbitration w/NAF. I got a letter in the mail today saying that there'd been a hearing(they claim to have notified me but I never got anything telling me any dates of hearing) continuing on to say that the arbitrator found in favor of Midland Funding & awarded them on their claim. Also stated that "on or before 08/02/06 the Parties entered into a written agreement to arbitrate their dispute"...FALSE...I rejected arbitration! TWICE sent letters to NAF, Mann Bracken & Midland stating so and requesting validation WHICH I NEVER GOT! Now what? I'm totally LOST as to what to do next. Can anyone help me? I am SOOOOO tired of this crap! :-(
They will still have to sue you to get any money from you, so don't worry. If that happens, make sure you go to court and show documentation where you asked for validation and did not get it. Also, if they have not given you proof of mandatory arbitration, it doesn't exist. I sent two letters to refuse arbitration, and still I am supposed to have a hearing soon. I have kept detailed records of how they pursue these "arbitrations" even when there is no legal grounds for it. Keep in touch as our stories are similar. Did the NAF say if there is an appeal you can file? If not, hang tight because there is nothing they can do with this alleged arbitration award. Jen
So in other words, they wrote a false or misleading statement in an attempt to collect a debt, right? I think a judge would rule for summary judgement in your favor on that one.
