Well, like many people here, I'm involved in the triangle of scumbags known as MBNA/Wolpoff/NAF. Here's a rundown of what's happened so far: 1. Due to personal circumstances, I fell way behind on my MBNA card. 2. A few weeks before chargeoff, I begin recieving Fedex's from MBNA reminding me that my account is subject to mandatory arbitration 3. I respond to MBNA's letters with WhyChat's refusal-of-arbitration letter. 4. MBNA replies, reiterating that my account is subject to mandatory arb. and therefore are unable to accomodate my request, 5. Before the card charges off, I recieve numerous calls from MBNA's in-house collectors, offering to workout a payment arrangement/settlement. 6. I come up with a very reasonable agreement with an MBNA in-house collector to make monthly payments that I could afford. I give the lady my checking info. 7. Apparently I mis-read a number from my checkbook, because the check came back returned. 8. My account is sent to Wolpoff, and I am graced by a call from one of their oh so pleasant collectors in mid-July (threatening me with arb, of course.) 9. Dunning letter recieved from W&A on 7/18. 10. DV sent (with limited C&D) to W&A on 7/20, and CMRR signed for on 7/28. 11. I recieve a 2nd dunning letter (an exact replica of the first, except for its date) from W&A on 8/24. No validation recieved to this point----> continued collection activity. 12. W&A validates on 10/12 (copies of statements.) However, they were just sent via regular mail, not CMRR. 13. Settlement offer letter in Nov '05. 14. Another settlement offer letter in late Dec '05. 15. W&A files for arbitration in Feb '06. 16. I recieve the Notice of Arbitration in early March. While I've gained a ton of knowledge reading consumer boards, I got scared upon recieving their paperwork. Going against my better judgement, I called them and attempted to settle. 17. Spoke with a paralegal at Wolpoff. These vultures refuse to budge on their 'attorneys fees' (what a CROCK) and are seeking to collect over 10k on an 8.6k debt. I spent awhile going back and forth with the paralegal, explaining that I'd be willing to enter into a payment plan, if the attorneys fees were waived. No deal reached. 18. A few days later, the paralegal leaves me a voicemail---> violation of the limited C&D, right? 19. In response to the Notice of Arb, I sent WhyChat's refusal of arb letter to both W&A and NAF. 20. NAF sends a letter that my response is deficient because I didnt include proof of service upon W&A. 21. Wolpoff sends me another copy of the Notice of Arb, this time via USPS Certifid Mail (why?) Really confused about what they were trying to accomplish with this. 22. Yesterday, realizing the 15 day window to send NAF proof of service was up on the 18th, I overnighted them a copy of the CMRR of the Refusal letter that I sent to W&A. Okay, here are my thoughts and questions: 1. I tried to get MBNA to take back the account from W&A since I had originally reached an agreement w/ their collectors to pay off the account..However, MBNA refused. Do you guys think I should still pursue this angle by hunting down the # of someone in the Presidents Office, explaining the situation (that I made a good faith effort to fix this account, but due to a clerical error, that effort was ruined.) and hoping they'll work with me? Or is that route pretty much dead at this point? 2. Do any of you guys happen to have a good contact with decision making authority at MBNA? 3. I have two violations on W&A--continued collection activity (sending a 2nd dunning letter before validating) and violating the limit cease&desist ("it is inconvenient for me to recieve calls at any time or place.."). I'm very much considering going ahead and suing them for these violations right now, in hopes of getting them to work out a much more reasonable settlement with me. Or would my best bet be to "lay low"? The way I see it, W&A are the most aggressive of the collectors out there, and the only way I'm going to come out of this situation without taking a major reaming is to be as agressive as humanly possible. 4. I have the phone number for the attorney who signed the arbitration. Would you guys recommend calling him, informing him that I intend to sue the firm, as well as file bar association/ftc/attorney general complaints? Perhaps he'd want to avoid all of that and make me a reasonable offer. Or am I opening a potential can of worms here? 5. Since these scumbags are attorneys, how about filing bar association complaints against them for their FDCPA violations? How about for using 'unconscionable means' to collect a debt? W&A's main office is in MD, and the attorney assigned to my arbitration is in CT (my state), and there is also one in DE (their choice of law state.) Would I file bar association/attorney general complaints in just my state, or all 3? 6. Ultimately, I realize that I'm going to have to settle with these vultures, since they have solid validation. So, my goal is to just get a reasonable settlement (perhaps a long-term payment plan to pay 60% of the debt at zero interest and no attorney's fees.) Have any of you guys worked out a similar settlement with them? 7. As far as rejecting arbitration, I know that you arent supposed to partiipate in the process at all--just send the WhyChat's Rejection of Arb letter to create a paper trail. Does this mean I should have ignored NAF's letter that my response was deficient? I didnt, because upon their reciept of my proof of service to W&A, theyre suppose to send a schedule for the process, along with the name of the arbitrator. I want to know who the arbitrator is, so I can send him/her an ITS (I hear this has worked for others.) 8. What is the basis of the ITS letter that one would send to the arbitrator? I know you tell him/her that you already rejected arbitration..but what specific cause of action against him do you mention in your ITS? Anyone have a sample letter that they sent to scare off the arbitrator? 9. Finally, WhyChat has a motion to stay an arbitration award on his site. Could I go ahead and file this with the court before an arbitration award is given to W&A? If so, would I file this in district court or federal court? Would I have to pay filing fees (since I'm not suing anyone...just looking for injunctive relief....I think?!) Or is this just meant to be what you use after they recieve their award and they serve you with the paperwork to confirm their award? Any insight would be MUCH appreciated. I'm declaring war against these bottom-feeders. (well, sort of..as I'm pretty sure I'll eventually have to pay them something). Thanks for reading!
The best thing I can suggest is to contact a lawyer and see what you can do. I am going through same thing right now with them, and at times it feels like I am spinning my wheels with them and getting nowhere fast. They are very aggressive and very unrelenting. I am getting ready to see if I can get a free consultation with a lawyer and find out what my options are. If you find out anything let me know and if I hear of anything, I'll let you know. Good Luck!!