Wolpoff and MBNA

[truth4all]

.
I had never heard of Wolpoff and Abramson until I saw them on my credit report. I called and asked who they were. They told me debt collectors for Wolpoff and Abrmason. I wrote them a letter asking what right did they have accessing my credit files 4 times in three days.
They never answered. I never heard a word from them regarding anything.
October , I get a Notice of Arbitration left on my doorstep for an MBAN account number that isn't mine...not even close.
I wrote Wolpoff and Abramson telling them it was not my account and obviously a case of mistaken identity. I included an affidavit stating as such , also that I had never contracted with MBNA or Wolpoff and Abramson nor NAR for arbitration and there was nothing to arbitrat because the account was not mine.
I did not answer to NAF.
December I get a second notice form NAF that the arbitration is going to happen withor without my answer.
I sent them a copy of the letter and affadivit I sent to Wolpoff along with another notorized affidavit stating this was NOT my account. I had never heard or received anything from MBNA or Wolpoff and Abramson regarding this matter prior to this notice being let on my doorstep.
I told them that the attorney that stated Wolpoff and Abramson and MBNA had made repeated demands for payment had misinformed the court and THIS IS NOT MY ACCOUNT.
Today I recieved an arbitration award against me !!!!
They have lied, This isn't my account and now I don't know what to to.
Someone mentioned a Motion to Vacate. I am wondering if I should motion to Vacate or just wait and go for the void judgement?
Any suggestions would be appreciated?
I did have an MBNA account but the number was nothing even close to the one they arbitrated.

truthforall,

I would consult with an attorney. If this account is truly not yours you must seek legal action. It would most definetly be a slam dunk case; assuming that it does not belong to you. I hope you stick it to em.

Herrassment, Slander, Defremation of Character, Mental Anguish and Sufferring, ect.


Good Luck.


"To seek God is the beginning of Knowledge."

[truth4all]

I spoke with an attorney and I don't have the money to fight it. He wanted 1500.00 just to get started.

[seeker]

Contact Bud Hibbs or Edleman and Combs -- both are composing files on DAs that are not honest. budhibbs.com edcombs.com

Seeker

Write an Affidavit stating all of that and take it to your ****y Recorder House. In the top righ hand corner of the Affidavit ask the court to mail it to MBNA (the main thieves). MBNA will not be able to say you did not send it to them. Also, state in your Public Affidavit that you will be sending certified copies of it to ....all the other implicated parties (This is unexpensive and can help you a lot, believe me)

Don't stop there. File on line an IT complaint at the FTC website. Print it out. Go to your police with copies of everything you have, and of all the Affidavits, and get a police report. Some police offices don't want to do it. FTC says you have the right to file that police report. Tell them (in case they give you a hard time) that you want the reasons for their negative IN WRITING!...He, he, I have done that with wonderful results. They may ask you if you want to press charges against MBNA. Since you are already within their "system" I would say, "Yes".

Send copies of the ID Affid., your own filed Affid., etc, to all the credit agencies, including INNOVIS (the Black Bureau, called like this because they only collect negative information about you) This one is not in the net. You got to use the mail for everything with them. Ask all the agencies to place a Permanent FRAUD alert in your records.

If you are as crazy as I am, send an email explaining it all and expressing your anger (also citing the different laws and acts, etc.) to MBNA, with courtesy copies (via email) to all the credit agencies and to the FBI, DOJ, FED, your AG, and to any other agency you would like to (don't forget the legal firms). Do not forget Senator Sarbanes, the creator of an act that names those hard inquiries as "pretexting" and made them a crime. Get his email, and do it too.
Also, cc to the court too. Get email addresses with excuses.

Of course, this is crazy, and I am not a lawyer. You do it at your own risk. I did that for myself in a similar situation and it worked (I did not press charges against the company) because it was not in court. It is a good idea to stop them before they get to court. At this point. You can sue everybody. Go to your Small Claims and do it yourself (it is not expensive). I understand you have to respond as a defendant to the plaintiff you already got; but be a plaintiff for the rest of the crowd with the Small Courts.

There are better ways to handle this, I'm sure. But I did this when I did not know that "there is no money"....and it worked for me. Counterattack, and attack their flanks, their friends.

I am sure you will receive more honorable counseling from the rest of the members. I am new and learning a little each day. It got to be some smart ways and remedy for this. It is a fact that you are now in "courts arms" and what I did might not be beneficial to you, and even dangerous. Fortunately, the well seasoned members of our forum will tell you better.

This is just a perspective and some feedback from your soror,

Good Luck!

That definetly is the way to go with that if you have no money to get started. Just be devoted to the cause and it should play well for you and your situation.

I will say a special prayer for you truthforall.


"Trust in the Lord with all of your heart and he will direct your paths."

[truth4all]

Thanks for all of the info. How does one file an affidavit with the county recorders office? I tried doing that with the affidavit that I sent to Wolpoff and Abramson and NAF BEFORE they sent it to arbitration.
No one would file it.
I tried everyone there and they said they had no place to file it without a lawsuit. They just looked at me like I was an idiot.
No one knew anything about filing something just to "enter it into the records.
I even went into the public defenders office and ask them.
No one knew how !

I don't know where you live. I live in Florida and in a very huge county. Here, that right is respected with no comments at all.

First, check the laws (to give you a sense of security). You will find out that it is your right to file an Affidavit which is a form of testimony . Any judge would need to look at your Public Affidavits before ruling on your case. Affidavits are a safe way to notify the judge before the hearing. Too often, people can't even talk in civil court. They are not allowed to. (not in theory)

You have several options:

1) File the affidavit in a bigger county close to yours. It got a be a more generous couonty within your state.

2) Take a friendly notary with you to your Recorder's home and bring an extra Affidavit, already prepared for their negative. At first, don't show that second one and try to file the first one again. If they say "NO", ask them to show you the law, statute, or rule that justifies their negative. At this point, they might go ahead and file your Affidavit without giving you a hard time. If they don't show you anything and because their "hearsay" don't want to file, take out the second Affidavit where you declare that you are being denied the right to file it there, make the clerk sign their negative. Get some people as witness(es). Ask your friend to notarize it right there. Believe me, this a fantastic technique that change many minds.

3) OR Serve your Affidavit to the company(ies) or important implicated party with a private Process Server that will charge some dollars but will also provide good proof that your served it. They won't be able to say they did not get it.

4) Last altrnative I can think of: Take your Affidavit to court with you and show it to the judge before they start their "lawyer's blah.." against you. If the judge refuses to accept it you can argue that you right to due process is not being respected, and regarding this point, the well seasoned members of this forum can tell you too much better than me what kind of language you should use in this situation in the presence of the judge.

I am new and also learning. What I advised you before was the result of a knowledge that I got the hard way in a similar experience.

Do not dismay;this people are wonderful at helping the newcomers like us.

If you need forms go to Findlaw.com they have forms for all states now and it will show you what the form looks like and you can fill in the blanks. It is a blessing that they have posted them. You can file an affidavit at the court house and they should take it. If not I would raise some hell and explain it to the local Sheriff and show your proof.

Faithchris,

I went to the findlaw.com site that you recommend and found out that when a MC does not file and record an ASSIGNMENT OF MORTGAGE , that company, according to Florida Law will not have any recourse in EQUITABLE OR LAW against the creditor.

That applies to me, ....can you or somebody else explain me What exactly this means...It sounds like a convenient tool I can use against the mortgage company that has been after me for years.I knew they wanted to hide to take my payments and never apply them to my aledged debt, but I did not know the legal implications of that Missing Assignment in my state, Florida, since those terms, equitable, and law are almost always used together. Can you, please, go to that site and interpret it for me. May I push the fraudsters out, I ask, by referring to this Florida law.