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Originally Posted by Bronc
I have an "objected to" arbitration claim being rammed through the NAF on a disputed MBNA balance. I need to answer a couple of questions as does the Claimant, MBNA. I want to answer, but not give any admissions as the claimant bears the burden of proof!
The arbitrator has requested the claimant to provide an affidavit of Proof of the amount due. I wish to rebut this as I believe this will possibly detail a bank officer? a bare statement? perhaps no first hand knowledge of the debt or if this person indeed has custody and control of the records.
The arbitrator has requested the claimant to provide copies of all writings and documents received from the Respondent in connection with the dispute as well as the Claimant's responses.
I know that Wolpoff has withheld my dispute documents and Wolpoff asked for an extension in order to dig up the docs.
But now here are my questions from the arbitrator. Need assistance on how to respond!
Did Respondent apply for a credit card from MBNA?
Did Respondent use the credit card?
Black's law has a slew of definitions for "use."
There is more, but please look over these key questions. I'm not ready to admit anything and this alleged creditor NEVER responded to my request for doc evidence under 1666 billing error notice and CFR 226.13. They didn't even send copies of billing statements! Just an "statement of account" from Wolpoff! And a new account number!! What's up with this? Did they actually purchase the debt and have to open a new account(number) to continue collection efforts on this claim? All in writing with rebutalls to their continued collection efforts. And I ojected to the arbitration claim for they have provide no proof and are in default. I have NOT waived personal jurisdiction!
Thanks.
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Whom opened the new account?
Was the new account under your legal fiction name?
Who signed for the new account?
I smell fraud and colusion. Remember, a affadavit stands as truth in commerce unless rebutted POINT FOR POINT. Without the claimant rebutting POINT by POINT, I doubt they have a chance unless they are paying the arbitrator. NO VERIFICATION DOCUMENTS? DID YOU SIGN A CONTRACT with them? No contract, no deal, no agreement. CAN WE ALL SAY FRAUD Boys and Girls?
When you sent the request for verification, did they respond directly to you with a request for an extension. This assumes you gave them a deadline. If they did NOT respond in the time you gave them, It is a dead issue, and they have no business requesting more time to gin up false documents to try and entrap you, now do they?
Just some thoughts.
SIC GORGIAMUS ALUS SUBJUCTATOS NUNC