Arbitration Award Success

[dochand]

The expected inevitable has happened. I received the NAF/MBNA Arbitration Award in MBNA's favor and the phone calls from Wolpoff have begun.

My question is whether anyone has had any success in overturning this type of award. In my search of the forum, I see much ado but no concrete successes. I don't know how to proceed from here. Do I take the initiative on this or wait until Wolpoff makes their move to have the award confirmed in court?

Any success stories would be appreciated.

Doc

[Bronc]

First things first. Did you object(in writing) to the initial claim?

[seeker]

Doc;

didn't you post about this in another thread? And did you follow-up with the letters as suggested? If you sent a VoD to Wolpoff and a letter of non-participation to NAF, this should not have happened without notification that they were going to have a hearing in such and such a place, at such and such a time. And if they did, you could have countered with a letter to the FTC and the AG's of all states (theirs, Minnesota's and yours) and lodge a complaint about lack of due process and violation of FDCPA.

And yes, I did successfully do this. It has been well over a year. I also went a step farther and did a non-response and default on the DA -- which I am now learning how to have registered in the public and proceed to collect upon.


Seeker

[dochand]

Bronc & Seeker,

Thanks for your interest. Here's a capsule timeline of the scenario:

1. Sent the VOD to W&A, RRR, July2, 2004. (This, of course followed my VOD and CPN to MBNA, dated June 1, 2004, and not responded to at all.)
2. No response.
3. Received the notice of NAF claim from W&A, along with summary of account, and CC agreement pamphlet, April 26, 2005.
4. Received letter from W&A, dated May 4, 2005, attempting to 'resolve the matter and avoid proceeding to arbitration review.
5. Received 2nd Notice of Arbitration, dated May 25, 2005.
6. Sent 'Verified Actual and Constructive Notice of Rejection and Refusal of Offer of Arbitration Without Dishonor', dated June 6, 2005, to NAF and W&A, both RRR.
7. Received 'Claimant's Opposition To Respondent's Request To Dismiss And Objection to Arbitration' on June 18, 2005.
8. While in the process of writing my response, received notice of award given to MBNA by NAF.
9. Received letter from W&A where they attempt to collect and threatening that if it is not paid, their "client has requested that we evaluate your account for judicial enforcement under state law."
10. The phone calls have been trying to reach me daily.

It's also curious to me that the original MBNA account number is not the number referenced in the W&A letters.

So, back to my original question. Where does one proceed at this junction? Thanks for the assistance (not legal advice).

Doc

[Bill Smith]

If you had notice of the arbitration but you didn't appear, then you probably will be deemed to have waived any and all objections to the arbitrator's award. Depending on the state you live in, you can try to contest the arbitration clause, but you'll need a lawyer to have any real chance of doing that.

You are getting ready to find out about the real-world consequences of following the usually ridiculous advice commonly given on this forum.

[Bronc]

If you truly have meritorious defenses, then consider a reconsideration.

If not, then re-dispute the claim in response to their collection efforts in your jurisdiction. Was the arbitrator from your county?

What state are you in? If your objection is sound then you may rely on the fact that you did not grant consent.

The new account number. Did you ever receive billing statements with this new number? Sign a contract with this new number? It can go on and on!

This could be a lot of effort on your part and the day will come when the NAF will fall. This sub-legal system of theirs can't go on indefinitely. But it will be a while.

[seeker]

I still think you can create headaches for them by filing complaints with teh AGs and the FTC, to start. File a complaint with the Bar association for the state that Wolpoff claims they are in, have your evidence file in order.

After all, they bet that no w=one will follow through. So we need to start doing it!

Seeker

[BOBT12]

Originally Posted by dochand

Bronc & Seeker,

Thanks for your interest. Here's a capsule timeline of the scenario:

1. Sent the VOD to W&A, RRR, July2, 2004. (This, of course followed my VOD and CPN to MBNA, dated June 1, 2004, and not responded to at all.)
2. No response.
3. Received the notice of NAF claim from W&A, along with summary of account, and CC agreement pamphlet, April 26, 2005.
4. Received letter from W&A, dated May 4, 2005, attempting to 'resolve the matter and avoid proceeding to arbitration review.
5. Received 2nd Notice of Arbitration, dated May 25, 2005.
6. Sent 'Verified Actual and Constructive Notice of Rejection and Refusal of Offer of Arbitration Without Dishonor', dated June 6, 2005, to NAF and W&A, both RRR.
7. Received 'Claimant's Opposition To Respondent's Request To Dismiss And Objection to Arbitration' on June 18, 2005.
8. While in the process of writing my response, received notice of award given to MBNA by NAF.
9. Received letter from W&A where they attempt to collect and threatening that if it is not paid, their "client has requested that we evaluate your account for judicial enforcement under state law."
10. The phone calls have been trying to reach me daily.

It's also curious to me that the original MBNA account number is not the number referenced in the W&A letters.

So, back to my original question. Where does one proceed at this junction? Thanks for the assistance (not legal advice).

Doc

If you sent them a timely Verification of Debt (VoD) pursuant to Title 15 U.S.C. "The Fair Debt Collection Practices Act", and the debt coporations (MBNA, etc.) did not respond to it, then it is clear that there is no debt. Why should you pay if there is no contract?

6. Sent 'Verified Actual and Constructive Notice of Rejection and Refusal of Offer of Arbitration Without Dishonor', dated June 6, 2005, to NAF and W&A, both RRR.

Thus, you have proved that there was no contract to compel you to involve yourself in the arbitration process, i.e., no debt, there is no issue!

AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE.

http://famguardian.org/TaxFreedom/In...mercialLaw.htm

You may want to consider suing in state court, in addition to the above suggestions.

Consider Suing the Corporation and the Individual:

http://forum.suijuris.net/showthread...ht=Notice+Levy


Here is more information:

http://famguardian.org/forums/index.php?showtopic=470