I need some help and advice: I had a Credit Card Debt with MBNA a several years ago that was then bought by Bank of America, it was around $7,000. It was charged off on my report. Now almost 2 years later I got an Arbtration letter from Phillips & Cohen Associates (Newark, De) throught the National Arbitration Forum (NAF Minneapolis, Mn). I am not even sure that this is the company that bought the account because they refuse to validate the debt. I am in Ohio so I don't think that licensing is required and the statute of limitation is 7 years so I have a few years left to go for that. Here is what I have done so far: 6/9/2008 Received Arbitration letter from National Arbitration Forum (NAF) and Phillips & Cohen Associates. 6/25/2008 Sent Phillips& Cohen (copied NAF) a detailed Debt Validation request letter via certified mail w/return receipt. Quoted FDCP, demanded a cease to phone collection, and stipulated written proof in the form of a signed agreement. (Very strong letter) 8/11/2008 No validation from Phillips & Cohen so I sent a letter demanding that they stop collection efforts and remove all information from the credit bureaus. Also copied the credit bureaus and NAF. (also USPS return reciept) 9/22/2008 Despite previous demands in writing that they cease collection and all correspondence must be by mail, I received 2 very nasty phone calls from Phillips & Cohen on my home phone. 9/2008 At the end of September I got a letter from NAF stating that they were in receipt of my letter. They then gave the claimant until 10/10/2008 to produce documents for discovery. 10/14/2008 As of this date the claimant "Phillips & Cohen" has not validated and did not respond to the NAF discovery deadline. They won't validate, didn't respond to discovery from NAF and the collection bureaus won't remove the info. What do I do now? HELP.
Get a NACA lawyer, or wait it out until they get from NAF a award which they most likely will do in all but 1 percent of the claims. When they do get an award they will have get a court date to get it affirmed and then you can try to settle . I have had two NAF cases, one I did everything right, and am pretty savvy on what needed to be done,but no matter how right and how lawful it was NAF runs over you and ignores all. I had a file about 4 to 5 inches thick. It was four years of being in NAF PURGATORY.I lost. Well really they just ignored everything and they awarded to plaintiff ho in turned tried to get an execution of judgement so I just settled for a very small percentage of what they were seeeking and finally go the deal closed. The second one I won with the help of a great lawyer, and even got money back from the plaintiff. I believe that you should get a NACA lawyer and a good one that understands the whole NAF process, and DEMAND a Participatory Hearing which you now have to cough up $250 for. If you decided to go it alone again pay the $250 for the PH as this is the only way you are going to maybe win, but I doubt it. Good Luck! Woofer
