I received an order of Arbitration from these clowns on May 12th about an old debt, over 4 years. They have now become the 3rd Collection Agency to attempt to collect this Charged Off Chase bank Debt. The first one was easily detered after one cease and desist letter, the 2nd as well, even though they did try a few phone calls at first. Mann Bracken is now the 3rd party to try and collect. Here is the Issue........... I sent them a dispute and validation request certified/return reciept on or about may 17th, with a copy also going to the NAF and my consumer protection agency in New Jersey. I have actually received a response from the NAF, but NOT A WORD from Mann Bracken???? No receipt has been mailed back, so how can I be certain they have received? Secondly, from what I've read, If they can not come up with the proper documentation that was was requested, will they also just give up like the last two agencies? Other details, the debt is supposedly 26,000 and claims to be owned by Chase, but as stated above, this debt has been charged Off and sold at least 3 times to my knowledge. Thanks, all replies greatly appreciated.
Well basically charge off is a bookkeeping term,and it doesn't go away,chase may have sold or assigned the debt.Chase normally don't write off a account of 26,000 dollars.What is the sol in your state.
Arbitration is a lot different than court. Don't expect it to go away. Most arbitrations go against the debtor.
Not too many people win against NAF even when they have a GREAT lawyer , and not many great lawyers want to deal with NAF either as they make up rules to suit them. EVen when you do a counter suit against them and you win the NAF the way they word things you have to NOT counter sue if you want it to be dismissed with prejudice. I have dealt with NAF twice... Spent over TWO years on the case and cases, and about 10 inches of paper... I hope I never have to deal with them again Woofer
What evidence do you have for that? Because JDB lawyers enjoy putting bold assertions about chains of titles into the record and just running with that. If you could show that this alleged debt was in fact owned by someone not on the list, it might give you some ammo for arguing that they need to actually show the proof that the chain of title is really correct.
From someone who has gone to court several times and has won all their cases, believe me NAF is a strange bird... A scary strange bird... Woofer
This is what I don't understand, this is DEFINITELY the 3rd agancy that has tried to collect this debt. What happens if I do not receive all the documents that I have asked for? As for the NAF thing, here's what it says....... All Requests must be submitted in accord with NAF Rule 18 that requires among other provisions, that an Objection be filed with "Proof of service of the Request Documents" on all parties. So I'll assume the Request Documents are the ones I asked for from Mann Bracken??? Confused....
But is it the third agency to OWN the alleged debt? If you've retained the letters they send you as required by the FDCPA, you could read them and see what they say. If they say that this or that collection agency or debt buyer OWNS the alleged debt and that company isn't in the asserted chain title correctly, an argument might be made that the current JDB doesn't have a clue about the validity of his claim since he doesn't even know where it came from. This might be enough to get them to provide some information backing up their claim. But it won't be easy. Dumb Bob doesn't know about any specific case or about arbitration but he's not heard of anyone getting all the documents that they have asked for, at least if they ask for the documents they should be asking for. You need to find the rules. If you don't follow the rules, Dumb Bob is almost certain you'll lose. Dumb Bob doesn't know but he thinks that you need to serve the requests as part of what under court rules would be called 'discovery'. Arbitration, he thinks, has more limited means than is usual in court. If you don't serve the requests, you almost certainly won't get any serious response. So what does proper service mean? See your rules. Can they really force you into arbitration if you don't want to go? Do they have a valid contract that requires you to accept binding arbitration?
NAF may be imploding.......... Looks like Not Always Fair may have shot themselves in the foot. There are two cases going on that have the potential of imploding the NAF. My sources tell me both arbitrators and collectors are re-thinking any business with them, that the stench is getting obnoxious. In the People v. NAF from CA, the NAF objects to discovery stating NAF and their arbitrators enjoy arbitral immunity from suits as well as an arbitral privilege, litigation privilege and/or other privileges in discovery. In other words they assume they are privileged to the extent they can do almost anything they want, reward their clients with a staggering 90%+ award rate, include fees and attorney cost that average 20% and they don't have to answer to anyone for it. In addition, they are associated with some of the "cleanest hands?" in the debt collection business; Wolpoff & Abramson, Mann Bracken, Frederick J. Hanna, CACV and they want us to believe that these people, with their track records are to be believed, then paid their just debts. Switch back to Minneapolis where a former employee has blown the whistle claiming NAF headed by Michael F. Kelly, President, is engaged in fraudulent and corrupt practices in the admission of arbitration cases by defendants which question the neutrality of any arbitrator, which make any alleged requirement of arbitration fraudulent and unconscionable and thereby null, void and unenforceable. Plus much more that delves into possible sexual discrimination as defined by the EEOC. If you hear cracks coming from the walls of the NAF it is a clear signal that they may be weakening and their best days are behind them. Perhaps a Congressional investigation may be needed to find out if this organization is as corrupt as many think. Michael F. Kelly may have been a good lawyer for the Minnesota Vikings but his tenure at Not Always Fair seems to be 'Wall Street invades Minnesota and can't do anything right.' These two lawsuits are on a collision course that may change what lawyers and consumers could not prove definitively-- that the NAF has been a scam from the start and should be investigated from top to bottom. My guess is the dirty laundry they find will be enough to cover the entire Metrodome and some people working there and associated with NAF could be wearing orange for a very long time. We found it impossible to believe that Joseph (rubber-stamp) Nardulli of CA ( an NAF arbitrator) possessed the magic ability to churn out 68 awards in a single day. (Guess who he ruled in favor of?) Now look at their list of clients, a whose who of American corporate greed and then see what the lawsuits state under oath. Do you think the NAF will escape this? Greed is what cost Wall Street billions, narrowly averting a major financial disaster. It may be greed that brings down these few who pocket large sums of money with lies, greed and their arrogance. Is the NAF a Bernie Madoff type scheme designed to rip us off by skirting the law? We can only hope that those named in the suit as the "Famous Parties" are one day indicted and they as well as the NAF players who designed this elaborate scam are marched through a maze of media and cameras on their way to a high security prison somewhere to pay for what they have done to the American Consumer. Taken from arbitrationjustice.com
justice? Do we want justice like in a court room?or would we prefer git mo like justice.As for me while on one hand if you owe the money that's fine pay it.If it's inflated and when you go into the room and don't have a chance,then what justice are you receiving.I contend it's one-sided and stacked in their favor.I say lets empty git mo and make them swim back to where they come from.Now let's fill it with these greedy bastards who caused all this.Hope we don't get any elected officials who don't protect us from these guys. just a dream of mine
Minnesota AG is finally investigating. When I first contacted the department they sent me back a robot like letter saying that they could not help me yad yada... Then this year I have them calling me to give them some info on what happened with me and what the problem is with NAF. BTW I believe that they find for the plaintiff 99 percent of the time not 90 percent of the time. Another thing is when I first received a dunning letter, I sent off a DV and heard nothing.. Next thing I know I have a letter saying that they are going to do arbitration if I do not pay them. Then I write another letter telling them they never validated the claim and that I was refusing any future arbitration. The next letter I go was a claim has been filed against me for 4 figures. About double of what I had allegedly owed originally. I get a letter from NAF in about a month, I write them and tell them that there was no contract for binding arbitration and that I refused it blahblah blah... I hear NOTHING for about 4 years... Then I see that a new entry was put on my cr's (new address) by the jerks that sent me to arbitration, so I was now thinking sewer service someday in the future... So I call and write NAF asking them what is going on..(BAD move on my part most probably BUT that sewer service address I could just see coming back to haunt me) NAF tells me it is stayed... I ask "How long can something be stayed" and they tell me "indefinitely. I ask them about the address they have and they now have the sewer service address.I tell them this is the wrong address and want it removed but they would not do it. Next thing I know I get a letter from NAF that the claim has been opened and the whole thing.. I follow the rules... Also refuse arbitration and the arbitrator.. Get nothing back that I asked for ... I then get another arbitrator despite the fact I refuse arbitration and send off a timely refusal. This time though I do not get the letter of the new arbitrator until the ELEVENTH day of mailing and rules of NAF are that you need to respond within ten days if you want another arbitrator... So they itell me that my request was not timely! I then write the second arbitrator and tell him that surely a reasonable person would understand that noone could reply to a letter on the 10th day if they did not receive it until the 11th day after the dating. I then get a letter form NAF stating that this arbitrator was unavailable and that I was not to contact the arbitrator. I then get a third arbitrator and I send off a refusal yada yada... This time no ands ifs of buts, and no paper work whatsoever the arbitrator finds for the plaintiff and this time it is for mid FIVE FIGURES! I was sick!!!!! Woofer
Finally OVER!!!!!!!! In the Mail Today I received a letter from the Corrupt NAF in regards to my arbitration case filed by of course, Mann Bracken... Decison: 1.) the arbitrator knows of no conflict of interest 2.) This matter involves interstate commerce and the Federal arbitration Act governs this arbitration 3.) The matter has proceeded in accord with the applicable Code of Procedure rules. 4.) The information and evidence submitted and the applicable substantive law supports the issuance of an order as stated: Therefore, the Arbitrator Orders: IT IS ORDERED that the above case be Dismissed with Predujice, inter alia, for failure to comply with New Jersey Rule 5.5 and Opinion 43
