MBNA and debt collector collecting on same account

[D.Dog]

I have been here for a little while and am quit active in my studies yet I have not found one instance either statuted or a decision concerning the purchasing of evidence, specificaly where creditors or collection is concerned.

Any di******** would be nice.

Thanks in advance..

D.Dog

[masterduke]

And add to that, all that was sold was a "charged off credit card account". which when it was an open, "active" account was
emptied daily, to a zerro dollar amount, recorded and labeled as a "sale" to a Trust enitity. Just what did wolpoff and their ilk really buy????? The accounts are all empty. The credit card/banks SEC 424B5
prospectus report states that as fact! The debt attorney likely did not buy/pay for the
"receivables" from the bank either, those all went to the trust enitity!
Almost 63 "billion dollars" last year alone "gone" as charged off credit card accounts. Watch me pull a rabbit outa my hat.... Wait, what are all these green paper scraps???? Who is fooling who?????
The lawyer in the black robe can only "rule" (sure) on what is presented by the two parties in court and if you don't know how to raise the issues and squawk in court when those debt attorney "angels" are trying to pull a fast one, it is going to get passed right on by and thats what the wolpoffs are betting on!

Needinghelp/Satorifarm,
Sorry for the long delay in getting back with you! My mother was put in the hospital so "life" was put on hold. She is out now and I am just trying to play catchup.

About the Debt Collector, it ended up not being about the MBNA account. Soon after I wrote that, I received the letter from the DC and it was for an account at least 14 years old! (Couldn't believe the timing of it.) I had just assumed all the phone calls wanting me to call them back was MBNA since I'm dealing with them now. So I sent them a letter to stop calling and within 3-4 days of mailing it the daily 8-10 calls stopped and have not heard another thing from them. Maybe it was the part "if you do call me, you agree to pay, on a for-hire basis, for my telephone equipment and time in answering your call at a rate of no less than $500 per call".

As for where I'm at with MBNA, a brief summary: I got Arbitration award against MBNA, then after that, MBNA got arbitration award against me through, of course, NAF. Then at the appropriate time, I filed Petition to Vacate award, then they (attorneys in Houston, not Wolpoff?, have filed this for MBNA) filed a Defendant's Motion for Summary Judgment and Motion to Confirm Arbitration Award and Request for Oral Hearing. That Hearing is at the end of this month. With everything that has gone on for me lately, I'm kinda just numb right now, not sure what I'm going to do next, much less what I'm suppose to do next. To be honest, I've been thinking about just throwing in the towel. I don't have much energy in me right now so I was thinking about seeing if they want to settle this. (They want $20,000, I'll offer $3-4,000. not that we have that.) I know that's hard for alot of people to hear on this site but I have too much on my plate right now and no time to research much less think anymore (ha). You think that's hard to hear, I've even thought about hiring an attorney to work on this settlement for me. (sounds like I really am losing it, huh?) I've got alot of catchup to do right now, and a lot of kids to be 'homeschooling' so I surely don't want to take anymore time from them. Thanks so much for your offer to help Sat. Needinghelp, I'm not sure I know much at all but if I can help in anyway, let me know. I'm not sure I'll be able to be on the computer everyday but I'll keep you informed!

ras

Sorry to hear about your Mom, ras, hope all is okay and things are getting back to normal for you. Haven't heard from anybody on my situation in about a month so I am assuming they have finally put it to bed. I'm still trying to do some research when I can, but like you, I seem to have a life that keeps happening all about me and am studying as much as I can when I can. Thanks for your offer of help, though, but for now, the world here seems to be at peace.

[masterduke]

Maybe you could file a "Defendants First Motion to Adjourn Trial" In your law library there will be a book in the Civil Rules for your state and in there they will have a volume dedicated to Motions and Pre-Trial Forms. With your mothers condition you could file that along with a doctors note and you are requesting a 90 day adjournment. The rule will be listed in your state civil rules. You need to regroup. Do not throw the towel in, that is what these skunks live for. When you are representing yourself pro se they know you will be too emotionally attached to mount a effective defense.(I know from my own experince) try to detach your self from their useless garbage!

Originally Posted by faithchris

I will let you know how it all goes after my trial. I need to keep my information secret from all not just this site and you all. Believe me I would love to sit here and tell you details it is just to great and if it weren't for my looking at 7 years in jail I would elaborate on it but you will know soon I promise My hearing is the end of September where they turned a secured debt into a criminal case against me. Santori Farms is the one who got me the help I needed and is smarter than the average bear to see these details. I just want to know I am free to be home with my daughter before they take my house too on the 30th.
I am still working on that one and hope to stay here till I am so old they will have a party in the courthouse for my death.

You see I went to court with my lawyer for a criminal charge for a vehicle which was turned over and sold by the bank. They charged me with Title 18 §§ 3927A which we explained to the lawyer did not apply to me before the hearing. He swore I was guilty which we had to show him the entire law and its meaning to show I was in fact not guilty of this crime or any other crime. Once he understood he was ready for a great defense and was going to ask the attorney who was supposed to be representing the bank (however the complaint was issued in there name alone as the complaining party).
Any who we got to court and all sat down and the judge called to a back office meeting with the lawyers. He apparently told them he was going to dismiss this case and would not hear this case because the DA had filed the wrong charges against me. The judge told the DA that I was to be put on ARD ACCELERATED REHABILITATIVE DISPOSITION for 1 year and pay restitution of $23,000.00 and that included court costs. At the end of the 12 months I would have a clean slate no record at all. However, I only having in $3,800.00 per year in child support I told them I did not have any way of paying for this. The DA said there is no DEBTORS PRISION and of course laughed at that one. My attorney told me it was a great deal and I should accept it or they will file other charges against me for Defrauding a creditor which I also did not do. But, that would give me up to a 1 year in jail and still have to pay and give me a criminal record which I have never had one. Now the DA tells the attorney for the Bank or himself that I cannot be put in jail and that really upset him he was angry and wanted to know why not. The DA said we filed the wrong charges against her and the judge said she is nothing but trouble and he wants me out of his court room ( I know this from my daughter and ex-husband sitting next to the attorney for the bank).
I was rushed into signing this damn thing and also was highly medicated with new medicine the doctor gave me just a few days earlier. The judge came in and asked if I understood what was going on and I said no I always say no since I do not understand how they can do this to people and specially this judge who has yet to do anything but honor his master “THE BANKS”. I also told the judge I was unable to pay for any of the fines and restitution which I don’t even remember what he said. I do have a request in for a transcript.
My attorney left and I was sent to probation to sign papers for probation with out assistance of counsel and highly medicated which he knew. So, I did not get a fair hearing that day and had to hire an attorney who like most believe in there system of debt collecting and know only the law as they read it and were taught. I believe he should have gotten the case dismissed all together but the apparently the judge would not allow this. But since it was behind closed doors I don’t know for sure.
So, even if you think you can win they find a way to hold you back and my mistake was hiring an attorney for that hearing however I was told by the judge and the DA they would not talk to me without counsel. PERIOD. Wish I had better news and would love to find a way out of this crap for I did not break any laws and yet they come to my home for visits and I have to report every 3 weeks for a meeting with my probation officer and I told them I could not pay and told them I did not belong on probation for I did not commit the crime of “theft” at all. But it falls upon deaf ears.
Now go figure this one out...
I finally filed Chapter 7 before the laws changed and this car judgment was against the title of my home so I could not sell my home with it on. Along with other judgments against the title of my home which I have not been able to fight sucessfully and make them prove the debt or the injured party. Anyway with bankruptcy they could right off the balance of what the debt was however they had the full amount of the price of the car from day one.
$31,500.00 aprox. write off for bankptcy
$22,000.00 approx. for resitution
$15,000.00 auction sale of car
$ 1,000.00 down payment
$ 4,200.00 Payments
---------
73,700.00 GRAND TOTAL

This does not begin to say what the attorney paid for the debt for that is also profit to the bank.

for a car loan $31,000.00

There is something wrong with this picture you see. Not only did they get the car back in excellent condition and only 3000 additional miles.

Bobbie