Questions from NAF arbitrator!

[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.

[dadmoonbunny]

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.

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

[seeker]

You're missing the point here -- you sent VoD to Wolpoff -- they did not respond -- they are looking for NAF to get you to agree that they have a valid claim --

There are some great docs in the downloads for NAF -- and -- if you have not seen, not been presented with any verified validation of the claim, nor been presented with an original contract, how can you know if any of the claims are correct? INclude a copy of your VoD and ask if NAF would like to join Wolpoff as a defendant in your complaint to the FTC. Non-response docs and Default could also be included -- CMRRR directed to a real named party, not just NAF.

These are the points to make with NAF and then make sure you have continued your Default of Wolpoff -- since they did not respond. They are is dishonor and have not provided the verified validation necessary to ascertain that a fraud has not, and is not, being perpetrated by them and others.

Get the thought process here? It's like the old "Are you still beating your wife?" question. IF you say no -- it presumes that you did INDEED beat your wife at one time. Trick question. See a similarity here?

Look at the paperwork in the download section -- many of us have used it successfully. And do not "agree, argue, or dsipute". THEY are bring the claim -- make NAF have Wolpoff the contract -- original -- two signatures -- not a statement of what is due -- who cares? Since you did not have any of the paperwork in your posession at ALL TIMES- you can not truthfully and absolutely swear that these are papers you have seen before. Wonderful things are being accomplished with graphic design programs and copiers! Who sig would you like on what?

You have control, even though you may not realize it. KEEP IT!

JMHO.

Seeker

[truth4all]

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.

I got it straight from the horses' mouth. MBNA. When they charge off a credit card they close the old account number. Your old account number pulls up as lost or stolen in MBNA records. They then open a NEW account number in YOUR name, roll over the charged off balance to the new credit card and THEN Wolpoff and Abramson get that account number .

Can you see the fraud happening here?



Wonder why?

[truth4all]

Originally Posted by dadmoonbunny

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

That's ONLY the beginning. You will get no where with these guys.
They are crooks to the core.
I found Wolpoff and Abramson on my credit report as having pulled 4 hard inquiries in three consecutive days. I had never heard of them so I called to ask who they are, They said debt collectors for MBNA. I sent them a CRRR letter asking them what rights they had in pulling my credit report ESPECIALLY 4 times in threee consecutive days.( twice in one day).
They never responded. I never heard anything from them until 18 months later when a Notice of Arbitration with NAF regarding an MBNA account was left on my doorstep with that generic Statement of Account piece of paper in it.
I responded to Wolpoff with a notarized CRRR letter and affidavit telling them I have never had an MBNA account, refused arbitration ETC. and told them that arbitration was not the proper jurisdiction for a case of mistaken identity.
No Response. 30 days later a second Notice of Arbitration from NAF.
This time I responded to BOTH NAF and W&A with ANOTHER notarized CRRR affidavit stating the same thing.
20 days later I was sent the Arbitration award that had been awarded to MBNA.
And THIS is when I called to MBNA to ask them how they claimed I had an MBNA account.
It took some work to get them to tell me how I could have an account that I didn't know about with MBNA. That is when they said a new account is created when an old account is charged off and they roll the old balance over on to the new account number.
Seems they rolled over someone elses account into MY name . HOW they got my name remains a mystery.
NOTHING I sent them W & A nor NAF was acknowledged.
Seems they don't believe in affidavits of truth.
Now I have filed against them in court to vacate the abritration award. I found the attorney they sent the award to for collection. THEY want me to fill out an affidavit of a fraudlent account and FILE a police report BUT they have written on it in huge letters across the bottom of it.
DO NOT SEND TO THE FTC OR ANY OTHER GOVERNEMENT AGENCIES.
Why would they NOT want this form sent to the FTC or other government agencies?

[Judge Roy Bean]

Originally Posted by truth4all

DO NOT SEND TO THE FTC OR ANY OTHER GOVERNEMENT AGENCIES.
Why would they NOT want this form sent to the FTC or other government agencies?

If they indeed have that printed on a document it would be interesting to see and the FTC really would get a kick out of it.

But the reason they try this kind of stuff is because they are experienced repeat offender loan sharks.

The Honorable Judge Roy Bean
http://www.loansharks.blogspot.com

[truth4all]

Originally Posted by Judge Roy Bean

If they indeed have that printed on a document it would be interesting to see and the FTC really would get a kick out of it.

But the reason they try this kind of stuff is because they are experienced repeat offender loan sharks.

The Honorable Judge Roy Bean
http://www.loansharks.blogspot.com

And just what would the FTC find so humorus about it?
I find nothing funny about what they are doing to people.
It's there, which is why I filed a police report and I am NOT sending it to the attorney but straight to the FTC and any and all government agencies I can find.

They are ALL crooks to the core, including the DEBT COLLECTION ATTORNEY and they need to be hung from the nearest tree.

[Bronc]

Thanks everybody! Where's the download section?

Look at the paperwork in the download section -- many of us have used it successfully

I am preparing an account number number change affidavit and will offer the wording, etc.

[Judge Roy Bean]

Originally Posted by truth4all

And just what would the FTC find so humorus about it?
I find nothing funny about what they are doing to people.

They'd be amused that yet another supposedly trained professional is dumb enough to try anything to scare a victim into paying something they may not owe.

The folks at the FTC can be woken up from time to time; you just have to get the right people to push the right buttons. It took two Maryland Senators getting in their faces to make them go after Fairbanks Capital which was the poster child for predatory servicing.

They are entirely reactive, and they react to the loudest noise. Today they're scrambling around trying to cover their arses on identity theft, knowing full well they let the horses out of the barn years ago.

Only when enough complaints about a collector show up in their database, or when a Senator or Congressman hauls them out into the public light, will they actually move.

The Honorable Judge Roy Bean
http://www.loansharks.blogspot.com

[seeker]

Head on over to the Members Resources -- there is a link for Downloads