Wolpoff & Abramson

Do nothing.... smae situation here... as long as you requested validation the ball is in their court. Just hope you never hear from them again or at least when the debt is past the SOL

 

Is W & A reporting on your CR's?

 

Sorry to have to be the naysayer here but your thoughts are downright dangerous in this case. W&A are probably the most dangerous collectors out there today. Sit back and do nothing and they will absolutely bulldoze you right into the dumpster so fast you won't know what happened. You can probably expect they will totally ignore anything you send them and especially validation letters.

They will probably take you into Arbitration with NAF and once your case hits NAF you got an automatic arbitration award against you. And while I have a "fire with fire" letter that is outstanding and has all the ammo that should be necessary to put an end to the arbitration NAF will ignore it and issue the award anyway. W&A will play with you and attempt to scare the pants off of you for a couple of months or so and then will either reduce the award to a judgment or sell it to yet another collector who will reduce it to a judgment and you are basically dead meat.

Saying the ball is in their court is absolutely correct. But when it comes back to you it will go so far over your heads that you will need a telescope to even see it until it comes right down on your head.

The only way to even hope to beat them is to keep pushing them and push them hard and push on NAF too. And you need to have them all wrapped up in a neat little bundle and sue them demanding an injuction against the arbitration process before they get their award.

Since the arbitration was not court ordered it is a sham legal process, is biased in favor of he who pays the arbitrator and therefore intrinsically unfair and violates constitutional right to due process of law. Thats the way you eventually have to attack it. There are already Supreme Court cases in which the Supremes have declared in other types of case they think arbitration is abusive of the rights of the defendant.

You sure cannot sit around and play games with those boys. If you do you will come out the little end of the horn every time wondering what in the world ever happened to you.

Trust me on that.

 

My favorite arbitration has to be paypal. you actually have to travel to santa clara, ca in order to present your case. what a load of crap. Of course, a judge thought the same thing and said it was unconstitutional. I expect someday a judge will rule that a cc arbitration is so biased they will shoot it down also.

 

That's pretty much what is in the works now but who knows how long its going to take before arbitration absent court supervision is totally illegal and unenforceable. It will never go away completely in my way of thinking because it does have value to the court system in that it reduces their case load which is a major problem in many large cities. So from that viewpoint the courts in some places love the arbitration process but although they can and do force you to go to the arbitration hearing in some places that usually does not mean you have to arbitrate. Normally you can just refuse it and then it goes to a real judge who probably isn't going to be all that happy with you.

As it is NAF, NAC and other arbitration boards, some of which are no longer in existance, are little more than kangaroo courts and get away with anything. They just ignore you and give the award to whomever is paying them and that sure isn't the debtor.

And its been abundantly proven that common people willing to pay them their fees will win an award against the same corporations who are their more normal customers and the grounds complained on were not always that solid either.

No wonder John Gliha and others have claimed they might just as well start their own arbitration boards, get their awards the easy way and then when the creditor goes to court just go show the judge your arbitration award which is always bigger than theirs and the judge will have no choice but to dismiss their case and award you judgment based on your arbitration award.

That makes sense to me too and it has made sense to a whole lot more folks who paid big bucks to get those awards from the Funky Brothers & Sisters Arbitration Board. Big problem was that when they got to court the judge took one look at their FB&SAB award and asked the defendants what credentials that arbitration board had since the judge had never heard of them.

Well, they didn't have any credentials, weren't even licensed to do business as an arbitration company, nothing but a scam in a lot of cases. Another hard lesson learned and another good idea shot down like dead ducks.

Arbitration is a real bug-a-boo yet and lots of people are getting hit and hit hard by it. W&A seems to be the most successful at it so far but other collectors are looking at it real close too as a means of increasing their collections.

My approach is to hit them and hit them hard and as far as I am concerned that is the only way to win. Sitting around and crying about it isn't going to get the job done.

 

Don't even wait to find out. If you do it may very well be too late.

National Arbitration Forum if I remember correctly.

How is that? You put your pants on the same way they do? One leg at a time?(LOL)

I feel you need to hit them with a validation letter for starters. I could not even begin to tell you all the rest of the steps you will most likely need and even if I did you still would be unlikely to have the details or the knowledge to put them into effect.

You will need a very thorough and well planned attack to get the job done if you can even get it done at all. You can almost count on having to file one or more lawsuits on them as well as having to beat down their lawsuits.

Although I do know how to do it, I'm not trying to solicit business. What I'm really trying to do is to tell you before you ever get started that if you want to beat them it is going to take a lot of time and not a small amount of money.

So what I am also telling you is that unless you have the time and the money to fight them and you could possibly pay them off it just might be better to do so.

There isn't anybody I have seen yet that has the knowledge and expertise to be able to 100% guarantee they can kill an arbitration. Not even close. Anybody I have ever seen fighting arbitration always wants to just sit back and play the defensive side. So the only place the higher courts have really ruled on arbitration have been in labor relations situations that I am aware of. But in order to get these rinky-dink consumer arbitration boards ruled out of existance it's going to take people willing, ready and able to bite the bullet and take the fight to the higher courts.

Until then about all we can do is piddle with them and hope to win. And since that don't seem to likely to succeed to me then the only realistic way is to hit them with what we already know can work and that is FDCPA and even then since we already know that wars are not won by those who only have defenses but no offensive capability we should be reasonably certain that to win against W&A is to do what Geedubya is obviously trying to do and that is to hit them before they hit us.

Other than that, I don't know what to tell you.