MBNA TURNS TO ATTORNEYS

[Ice]

Dochand,



Remove this: "In order to remain in honor,..."



ALL -- DO NOT EVER SPEAK TO THEM ABOUT YOUR <u>HONOR</u>. AND IF YOU REALLY WANT TO PUT ANY WORDING LIKE THAT IN YOUR LETTERS... DON'T POST IT HERE UNLESS YOU WANT ME TO JUMP ALL OVER YOU FOR BRINGING UP HONOR TO THOSE THAT DON'T HAVE THE SLIGHTEST IDEA OF WHAT HONOR IS.





seeker,



Excellent --- now you know why I ask for "verification and proof of authority".



Ice

[joma44]

been doing alot of research these days on CPA's, Auditors and original documents and heres a little fruit from my labor



This will get you started. dont just skim it...its short and totally worth a whole read



http://www.nysscpa.org/cpajournal/old/09691923.htm



t

Originally Posted by Ice

Dochand,



Remove this: "In order to remain in honor,..."



ALL -- DO NOT EVER SPEAK TO THEM ABOUT YOUR <u>HONOR</u>. AND IF YOU REALLY WANT TO PUT ANY WORDING LIKE THAT IN YOUR LETTERS... DON'T POST IT HERE UNLESS YOU WANT ME TO JUMP ALL OVER YOU FOR BRINGING UP HONOR TO THOSE THAT DON'T HAVE THE SLIGHTEST IDEA OF WHAT HONOR IS.





seeker,



Excellent --- now you know why I ask for "verification and proof of authority".



Ice

OK, I admit, I need more "lurnin" on this subject. Can you recommend a good book on Honor vs. Dishonor? or a web post?



Pleeeeease?



Thanks



HB

[Ice]

joma,



This is good advice:



KEY POINTS ON PRACTICE PROBLEMS



* Insist on inspecting the original document; seeing a copy is not valid alternative.



* A notarized copy of document is not competent evidence of the existence or validity of the document.



* In evaluating the competence of a document as evidential matter, consider its relevance to financial statement assertions as well as its authenticity.





Thanks for the link. All should give it a quick read.



Ice

[dochand]

Seeker



Thanx for the input! I'll save it for the next round.



Ice,



Sorry - I now remember you stating that bit about leaving out the 'remain in honor' thing. So much learning and so much to remember. Wish I hadn't sent out the reply to the attorney before your post was made. Even though I feel a bit of a let-down for leaving that in my reply, I don't believe it will do any harm, since, as you stated, "they don't have the slightest idea of what honor is." But, just the same, I'll be certain to leave it out of any future correspondence. Thanx for the reminder!



Thank you all for the continued support. I'll keep you posted as the wheel continues to turn.



Doc

[dochand]

Just wanted to post an update on this thread. It's been more than 6 weeks since I sent my letter to the debt-torneys. Todate there has been no reply.



My question at this point is for those who may have travelled this route before me. What should my expectations be as to their next move? Is this thing over or will the next volley be coming soon? How soon? And, what should my preparations be?



As always, thanx for any and all input.



Doc

[seeker]

Dochand;

Some of it depends on WHO the DA is -- and, this is IMPORTANT, check your CR and find out if MBNA actually still owns the loand/account or if it has been sold. I recently took a closer look at the entry on mine and found that it clearly stated -- SOLD. That means I should have the upper hand here.

I have been through three (four if you count the purchaser -- WorldWide Asset Purchasing) collection persons -- the first Claimed to be an attorney -- no reply to my VoD, the second was a "Recovery Service" no reply to my VoD, and the latest is Gerald Moore, out of Atlanta/Marietta -- who claims to be an attorney, and he, after over six months, claims he has sent it to NAF. We definitely need some expertise in the Arbitration arena -- defending when drawn in, using it to our advantage (an attorney told me that the courts will enforce an arbitration award) -- I know some are doing this effectively but we have not heard much about it. Could be strong to hit them with their own ammunition! AND, we could use it on the offensive -- I wonder what the CCC would do when their SOLD accounts start coming back to bite them? Maybe they'd be more selective in resale, or just not do it? After all, Gerald Moore claims in his letters that he is collecting an "MBNA debt" he list them quite prominently in his paperwork -- I know this too, is a violation -- need to find the law cite on that one, but we have lots of new stuff coming to light everyday as new people join the forum and share their knowledge and insights

Just a thought.



Seeker

[dochand]

Seeker



Thanx for the reply!



How can they force an arbitration upon us when they have not established the verification that a debt exists? Isn't there some manner where we can force a prohibition of arbitration until the verification has been satisfied (which we know it won't)? Just some questions that your post raised for me. I don't expect you to have the answers (though I sure do wish that you, or someone, did).



Now, if I remember correctly, Jerseee gave us the remedy should any illegally forced arbitration award be upheld by the court. Take a notary to the court with you and have them notarize your CPN in front of the judge. This puts the onus on the judge to 'break the law' so to speak.



But, in the end, I would still like to know the manner of response to a forced arbitration where the verification has not been provided, or worse still, the debt has been sold to a DA or other collection type (again - illegal).



Still open for more discussion and thoughts.



Doc

[dochand]

Well, in our last episode, I was waiting for some response to my letter to Wolpoff regarding MBNA.

The Arbitrations Summons finally came from NAF (2nd Notice - even though I didn't get the supposed 1st one).

Used the Affadavit Method and responded to Wolpoff, with CMRRR to them, along with a CMRRR to NAF and a 'courtesy' copy to the NYAG's office. Along with the 'Verified Actual and Constructive Notice of Rejection and Refusal of Offer of Arbitration Without Dishonor', the Affadavit (giving a blow-by-blow timeline of my VOD/CPN to MBNA and Wolpoff and lack of replies or return of CPN), I also enclosed copies of all paperwork I had submitted.

Today, I received 'Claimant's Opposition to Respondent's Request to Dismiss and Objection to Arbitration'. It says 'In The National Arbitration Forum' on top, so I assume that it was filed in the NAF and I am being copied.

It simply states:

1. Claimant denies each and every allegation contained in Respondent's Notice to Dismiss and Objection to Arbitration and demands strict proof thereof. To the extent that Respondent's to Dismiss contains legal conclusions, the Claimant has no duty to respond, as it is the province of this Forum to make such conclusions based upon the facts and the law applicable to ther case.

WHEREFORE, Claimant demands that Respondent's Request to Dismiss be denied.

Should I respond to Wolpoff or wait for the Forum to send me something? If I should respond to Wolpoff, what might I say?

Thanks to all.

Doc

[seeker]

I give -- what's CMRRR?

seeker