Raven, I'm thinking how you can undo the award, once granted. The problem is they also get you to sign it so you create a new agreement. You definately could fight the award itself if they tried to use it to get a judgment. I found this, helpful for everyone facing these goobs, find the similiar provisions in your own state and check out their arguments -- back at 'em. PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO STAY JUDICIAL PROCEEDINGS PENDING ARBITRATION http://www.tlpj.org/briefs/chch2.htm Don't beat yourself up over what is done, use it to help keep others from going down that same road. Don't let anyone make you feel small, empower yourself to find out what to do from happening again. We've all been bent over by the worst of the bad boys at some point, that's why we're here -- THEY are everywhere. And since most agreements contain a mandatory arbitration provision, anyone with a CC should be knowing and finding out how to shut that down. I'm curious about the year's worth of checks -- that would be an additional violation of the FDCPA, should it not be properly structured and since they completely blow off the FDCPA anyway, that's not likely. The first thing you need to check is whether they are licensed in your state or not. Demand validation, and yes you can do it even after their award or while making payments, or after having stopped making payments. Don't let them come get a judgment, Raven, send them a validation letter and then fight the judgment, you've defenses -- be pro-active, create a papertrail now anticipating their action. Focus on the underlying agreement creating the debt -- make them cough up the contract showing you agreed to arbitration. Don't play validation games with them either, knowing where this is heading, deny nothing -- admit nothing: I dispute your claims and this alleged debt in its entirety and request validation pursuant to the FDCPA -- less is more!!!!!!! Let them cough that up, if ever (not likely) then question their authority. Without the contract, they don't have it. They can't come up with the minimum documentation, you don't want the rest to hurt you. They can't get a judgment against you, without providing it, unless you don't show up -- but you have to raise it and have to keep the focus on the underlying debt, the contract establishing it, the terms and complete itemization -- focus on the obligation and its creation. Sassy
Thanks for the advice. I think you have me confused with another poster. I never sent them any checks. In fact, I never heard of these bozos until I got that arbitration letter in May via Airborne. I would never give checks or banking info to any CA. I never spoke to these people. I have caller ID, and if I don't recognize the # I will not answer. I have been unemployed for the past year. The checks ended last month, also the extension ended. I'm not in a position right now to pay them anything. I'm sure I will hear from them by mail, because since they won the award against me, they probably have been trying to contact me to no avail. I'm stressed enough as it is, talking to them would only make it worse. As soon as I receive a letter from them(which will be very soon, I'm sure), I will go the validation route.
Sorry raven, I should have been more clear, that was in response to this by debtchoked, also in this thread, asking the same, what to do after it's happened: I'm not looking for anyone else to tell me how stupid I was for cowering down to them and for giving them one year's worth of check numbers for 2 different accounts. I would not handle things the same way now, but you have to understand how completely scared I was when I began receiving VERY LEGAL sounding and looking packages from them and the NAF through FedEx. Sassy
1*They previously failed to validate the debt. 2*W&A sent me a $8k+fee's NAF claim with a copy of a generic unsigned credit agreement and a screen printout. DebtMeistr ============= 2*This isn't validation so they are still failing to validate. ====================== THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Any updates to this? Spidey sense tells me the W&A wolves are going to send me a nice little arbitration attempt, and I'm gearing up the defenses for it. Would love to know how this turned out for the original poster. When (not if) those bas**rds send me the arbitration 'opt in' *LOL*, I'm going to reply with two things in a packet, CRRR to W&A and their 'arbitration counsel': Document 1: A copy of the following : http://www.tlpj.org/briefs/chch2.htm Document 2: The following Letter: Date W&A 123 Loser Street Some town, WA 10101 RE: Account xyz Arbitration Request Dear W&A: (1) Denied. See enclosure. (2) Kindly provide me validation of this alleged debt. Warmest regards, Nex
I am new to the credit problems game. In Jan I filed for Debt Negotiation. Have 4 accounts with MBNA and today heard from W&A for the first time. They called me saying they do not deal with debt negotiation and offered me a deal. Well I told them I needed to contact my debt negotiator, plus figure out how to get the money. Does anyone have any advise. I think I am just worried that I might lose my house over all this. My parents live with me and I hate to them in jeopardy. I surfed the interned and found this web site, thought maybe people in the same boat could give me some advise. pd
I am new to the credit problems game. In Jan I filed for Debt Negotiation. Have 4 accounts with MBNA and today heard from W&A for the first time. They called me saying they do not deal with debt negotiation and offered me a deal. Well I told them I needed to contact my debt negotiator, plus figure out how to get the money. Does anyone have any advise. I think I am just worried that I might lose my house over all this. My parents live with me and I hate to them in jeopardy. I surfed the interned and found this web site, thought maybe people in the same boat could give me some advise. pd
If you own your house, and you owe more than you can pay, you might want to look into bankruptcy. You can talk to an attorney for free.
