I had an MBNA account that was reported as a charge off/bad debt on my credit report. A while later, I received a letter from Wolpoff and Abramson. I requested verfication and submitted a cease and decist letter. W&A answered my request showing me some computer printout sheets (generic). On the last of the sheets, it shows a charge off in the amount of the balance owed and a new balance of zero dollars. Here is a copy of the letter I returned, "Thank you for your attempt to verify my debt. However, I am returning 2 pages that you originally sent me. Please note the highlighted sections which refer to current balance of .00 and new balance of 0.00. I appreciate you providing me documentation that indicates a zero debt obligation. I also am curious who has authorized you to access my information from MBNA. Please provide me in writing who has given you permission to access my previous account from MBNA. Thank you for your time and assistance." A while later, I was given an arbitration notice. I responded objecting to the arbitration of this matter. I did not receive a response, and then about 2 months later, I received an identical notice of arbitration, which I refered to my initial response and objected again. I was then railroaded into a document hearing, which I responded again with an objection to the arbitration. Long story short, I objected formally within National Arbitration Forum procedures 4 times, got railroaded to a document hearing, and received a judgement against me for about $8K. The final verification was a signed application and a seperate terms and conditions brochure. WOW, what can I do now? How do I vacated the judgement? Do I have to vacate the judgement? I really don't want to go to court and risk a district court entering a judgement against me and getting my wages garnished. What can I do..? What is our (debtors) recourse if we challenge validity, but they ignore us and proceed? Who is the ultimate judge of the verification and validation evidence? Thank you
Did NAF grant MBNA an arbitration award? If so when? Have you been contacted by a Law Firm in your area to file for a judgment? Wolpoff & Abramson could be in some hot water over collusion with National Arbitration Forum. I have ample evidence to prove the collusion. Arbitration in the credit card arena is a total fraud!!!!!!!!!!!!!
MBNA received a judgment award from the NAF. This happened approximately 1 month ago. I just received notice in the last week from a law firm in my state. Both the (neutral, yeah right) arbitrator and the recently appointed attny are in my state, but not in my county. I have hear/read different things about the arbitration award: 1) I have 90 days to file to vacate the award 2) W&A just sits on the award 3) most people settle at this point. I tried to contact an attny to help me vacate this, but only one sounded familiar and seemed unwilling to assiste me, unless I paid the almost 2K fees. I am about to send a letter to the attny to dispute this. I was also planning on sending another letter to NAF, MBNA and W&A disputing the arbitration and verification process. Any insight..? Does anyone have or know of someone that has seen what happens with the judgement? If they just threaten me, who cares, but if they can garnish me, then thats a different story.
There is no judgment to vacate. The arbitration award isn't worth the paper it's printed on. Although they may attempt to file it in your county court to reduce it to a judgment. I need to send you some info when it's convenient for you. You need to study YOUR states arbitration statutes also. W & A and MBNA and NAF are not playing on a level playing field with this forced arbitration crap!!
I didn't realize I wasn't set up to accept emails, so I edited my preferences and am now able to recieve them. BTW, I am in North Dakota, I searched our state law, but it doesn't say to much, what should I be looking for?
http://www.state.nd.us/lr/cencode/T32C293.pdf Here is a link to ND's arbitration law if anyone is curious.
1* I submitted a cease and decist letter. 2*Please note the highlighted sections which refer to current balance of .00 and new balance of 0.00. 3*What is our (debtors) recourse if we challenge validity, but they ignore us and proceed? Who is the ultimate judge of the verification and validation evidence? Thank you Hartthrbr ================= 1*Bad move as this gave them no choice except what they did here to you. 2*This is fine as to the mbna balance of $0.00 but yiou did not address the $8K W&A account so they got the award because you never objected to it or paid it. 3*Actually you weren't ignored reguarding the W & A account because you never contested it.
They get the arbitration award whether you object to it or not. NAF and W & A have been in collusion, they don't care if you object or not. The award will be entered in any event. MBNA gives their total blessing to the collusion. So much for voluntary, consensual arbitration. The question is, can they convince a judge to turn the award into a judgment?
So, has anyone seen this thing out? Anyone know what W&A does with this arbitration judgment? I had a local lawyer contact me, but as to date, that is it.
Hi, can you send me any information on this subject that you have? I'm 100% disabled and in the same situation.
