MBNA and debt collector collecting on same account

[Judge Roy Bean]

Originally Posted by buscador

QUESTION FOR JUDGE ROY BEAN: After presumably administratively reviewing each Claim to make sure that it meets the requirements of an "Initial Claim" as stated in Rule 5 above, how, in your opinion, does the NAF allow to stand as an "Initial Claim" Wolpoff & Abramson's claim when no Affidavit is included?! Any thoughts?

I look forward to your comments.

Confused.
B.

Understand first, I'm no huge fan of arbitration in individual consumer issues. The concept has been bastardized and the lenders have gotten away with truly unconscionable rules in their contracts. It has taken a lot of time and effort to fix some of the more egregious issues and at least in some states, consumers have faired better than others.

For example, in Wisconsin, an appelate court ruled an auto lender's terms were unconscionable and unenforceable because it allowed the lender to litigate claims while the consumer's only choice was arbitration.

But in a Massachusetts ruling, the scheme where MBNA simply added an arbitration clause to the agreement via mailed notice was accepted based on the "mailbox rule," which was applied because the consumer couldn't effectively argue against the presumption that she received it. MBNA's "normal course of business" was to mail tens of thousands of such things and the vast majority of them weren't returned as undeliverable.

Florida struck down the arbitration clauses that made consumers pay the lender's legal fees even if the consumer won.

So don't be surprised if the W&A's and the NAF don't always operate the same way every time something comes up, particularly in different states.

And if you see my most recent blog post, you'll note that these kinds of firms are not above playing fast and loose with the truth in what they present to courts, as well as the Arbitrators.

By the way - their wiggle room is outlined in "D." of the same rule:

"An Arbitrator may reject, in whole or in part, an Initial Claim that does not substantially conform to this rule." (My emphasis added.)

Originally Posted by buscador

PS: The NAF claims that their Arbitrators take an "Oath". When one asks for a copy of the "Oath", the NAF refuses to provide it. What are they and their so called "neutral" Aribitrators hiding I wonder? So much for transparency. The NAF is the Enron of Arbitration venues.

There is nothing transparent in terms of a private organization's members taking an oath prescribed by the organization's Director. It isn't an oath such as one sees for a public office. Exterior to the organization, the code of conduct is what is available and you can bet adherence to the code is at least part of that oath.

I wouldn't liken NAF to Enron; Enron made a few people very rich for a few years based on a well-crafted scheme. The NAF actually works well in some areas, particulary domain-name disputes, and you won't find multi-milllionaires in any abundance.

Sadly the attorney signing the affividavit seems to be just fine with the courts. What happen to National banks not being allowed by law to lend credit? They are a National / Foreign bank. I never have gone they NAF and understand it the banks sue them relentlessly until they are on there side NAF and anyothers that use to be or are still in business (old news I know). It is a third party debt collector that is it PERIOD end of story. I am at a point now where I am judgment proof and will not file for chapter 7 I will never own anything in my name nor make any money in my name nor choose to allow them at me ever again. To me some of this is a blessing in disguise. I prefer to live and no one really know who I am or what I do or how I do it. It is none of there business.

[truth4all]

Originally Posted by truth4all

Is it legal to purchase evidence of an alleged debt then claim injury or loss, Judge Roy?
Doesn't the Statues Of Fraud cover putting oneself in harm's way then claiming injury or loss, Judge Roy?
If Wolpoff and Abramson are only representing MBNA then an MBNA agent or bank official would have had to file the affiidavit with NAF.
MBNA would have had to produce the evidence of the alleged debt if Wolpoff and Abramson were only representing them as a client.
As it is, the attorney for Wolpoff and Abramson signed an affidavit under penalty of perjury, with a generic piece of paper that says "statement of account" with a date received in office on it.
This clearly has PURCHASED written all over it.
1. No documents from MBNA submitted.
2. Attorney signed the affidavit.
We all know an attorney cannot testify for his "client".
3. Anything an attorney signed stating facts about the alleged debt is only hearsay because he has no first hand knowledge of the account, contract or anything else relating to the alleged debt.
Any Judge should know this.
Any arbitrator should know this.
And the attorney signing it cannot claim ignorance of the law.
He has made a statement under penalty of perjury to facts which he knows he has no first hand knowledge of.
He knows he is misrepresenting the true nature of the action from the beginning by claiming to "represent" MBNA on purchased evidence of alleged debt,which is fraud.
What and who gives immunity to a Judge who knowingly, willing and actively assists a party to engage in fraud and concealment of the true nature of the action?

Judge Roy, you missed answering all of the above questions.
Especially that one that asks who and what law specifically grants a Judge immunity, when he is knowingly, willingly and actively assisting a party to engage in fraud upont the courts ?
Can not an attorney be held liable for knowingly and willingly breaking the law by committing perjury in order to conceal his fraud?

[truth4all]

Originally Posted by faithchris

Sadly the attorney signing the affividavit seems to be just fine with the courts. What happen to National banks not being allowed by law to lend credit? They are a National / Foreign bank. I never have gone they NAF and understand it the banks sue them relentlessly until they are on there side NAF and anyothers that use to be or are still in business (old news I know). It is a third party debt collector that is it PERIOD end of story. I am at a point now where I am judgment proof and will not file for chapter 7 I will never own anything in my name nor make any money in my name nor choose to allow them at me ever again. To me some of this is a blessing in disguise. I prefer to live and no one really know who I am or what I do or how I do it. It is none of there business.

The fact is, that in DIscovery, even Interrogatories being answered FOR Plaintiff, signed by no one but the attorney for Plaintiff and not even under oath, in violation of the Civil Rules Of Procedure, is approved by the Judges.
Would that be because the Plaintiff IS actually the Attorney and not the bank and the Judge would allow this because he KNOWS that the Plaintiff is NOT the bank but IS the attorney?
Is that why the Judge would allow this. ?
The Judges are assitting by lying about their own laws, or covering up the true nature of the action, defrauding the court and the Defendant about who the real Plaintiff is. They are not allowing an objection to be heard nor the rules he is violation of to be mentioned in court.
They ARE actively assisting with fraud.
What would you do about THAT Judge, Judge Roy?
Are you a fair Judge, as you pretend to be?
If so, tell me what one can do about a Judge who lies from his bench about the LAW and the Rules of Civil Procedure in his own state or conspires with the attorney to commit fraud upon the courts and the Defendant?
What and who grants him the power to change the Rules of Civil Procedure in his own state in order to assit a party in committing fraud or engage in a coverup to conceal who the real Plaintiff is in the case?
It is appaling what is going on in the court rooms !!
And they wonder why we don't trust them?
They wonder why we all want out of their system altogether.
Good for you faithchris.

[Judge Roy Bean]

Originally Posted by truth4all

Judge Roy, you missed answering all of the above questions.
Especially that one that asks who and what law specifically grants a Judge immunity, when he is knowingly, willingly and actively assisting a party to engage in fraud upont the courts ?
Can not an attorney be held liable for knowingly and willingly breaking the law by committing perjury in order to conceal his fraud?

Sure. All you have to do is file the appropriate actions and pursue your claims.

[BOBT12]

Originally Posted by Judge Roy Bean

Sure. All you have to do is file the appropriate actions and pursue your claims.

Thanks for the direct response.

[truth4all]

Originally Posted by Judge Roy Bean

Sure. All you have to do is file the appropriate actions and pursue your claims.

You are bing more than a little evasive here.
I repeat.
The questions are:
What and who gives immunity to a Judge who knowingly, willing and actively assists a party to engage in fraud and concealment of the true nature of the action?
You stated that they cannot be a party to fraud, but you have not told us what/who grants them immunity !
The Judges, or at least one is, assiting by lying about their own laws, or covering up the true nature of the action, defrauding the court and the Defendant about who the real Plaintiff is. They are not allowing an objection to be heard, nor the rules he is violation of to be mentioned in court.
They ARE actively assisting with fraud.

What would you do about THAT Judge, Judge Roy?

Can not an attorney be held liable for knowingly and willingly breaking the law by committing perjury in order to conceal his fraud?

Could you please answer each questions specifically and elaborate on how and where to file WHAT actions against whom and where do you pursue them?
Thanks Judge.

[truth4all]

Originally Posted by BOBT12

Thanks for the direct response.

It is a little TOO direct. It doeens't even refer to which question he was answering., the one aboutthe Judge, the attorney or both. What are appropriate actions,how and where do you pursue them?

[Livefire]

JRB is probably referring to filing complaints with the state bar and judicial oversight committees. One can also try filing Title 42 suits under sec 1983 if you feel civil rights have been violated by their lack of due process, but its like playing a poker game with a stacked deck. Hooded50 has the right idea, send the bastards a true bill!

[Ice]

It would be appropriate to use the Civil Rights Act if you were given Civil Rights.

It would be appropriate to stand upon unalienable rights if you recognize that you have them.

(Can the government grant you something that you already possess? And, by accepting that which the government grants you, are you demonstrating that you are "subject" to the government?)

Ice