MBNA TURNS TO ATTORNEYS

[dochand]

Seeker,

Saw this on a number of other posts. Thought I'd use it too!

Certified Mail Return Receipt Requested - CMRR

Hope this helps you to understand my last post and I'd love to hear your take on it.

Doc

[seeker]

I was laying in bed last night, just before I fell asleep and I did a Homer -- "Duh!" Actually, I just didn't want HB to think he was the only "seasoned" member who had momentary lapses! LOL

Thanks!

Seeker

[seeker]

What did you send to NAF? Did you give them 'options"?
I gave them three -- dismiss this frivolous action
Rule against the DA
Join them in the complaint to the FTC for violations of the FDCPA --

They wisely chose option A -- I sent them a copy of the original VoD, the follow up DEMAND letter, the Notice of Non-response and the Default -- and asked if they'd like to have similar paperwork for me to use in filing the complaint -- like I said, they decided it really wasn't worth the trouble, especially when the DA bringing the thing had already withdrawn twice before and has a very shady rep -- and complaints in his home state of GA --

Hold them to it -- invite them to be a party to a law suit and complaint -- tell them THEY should be vigilant regarding the Proof and validation this DA says he has -- perhaps they have a copy and will willingly swear under penalty of perjury and full commercial liability to first-hand knowledge of said 'evidence' -- and make absolutely sure you are addressing this to a real man! Not an entity -- if need be go to their website and find one.

Just my experience -- not legal advice.

Seeker

[dochand]

Originally Posted by seeker

What did you send to NAF? Did you give them 'options"?
I gave them three -- dismiss this frivolous action
Rule against the DA
Join them in the complaint to the FTC for violations of the FDCPA --

They wisely chose option A -- I sent them a copy of the original VoD, the follow up DEMAND letter, the Notice of Non-response and the Default -- and asked if they'd like to have similar paperwork for me to use in filing the complaint -- like I said, they decided it really wasn't worth the trouble, especially when the DA bringing the thing had already withdrawn twice before and has a very shady rep -- and complaints in his home state of GA --

Hold them to it -- invite them to be a party to a law suit and complaint -- tell them THEY should be vigilant regarding the Proof and validation this DA says he has -- perhaps they have a copy and will willingly swear under penalty of perjury and full commercial liability to first-hand knowledge of said 'evidence' -- and make absolutely sure you are addressing this to a real man! Not an entity -- if need be go to their website and find one.

Just my experience -- not legal advice.

Seeker

Thanks Seeker.

I've had more than my share of 'DUH's' and I'm sure HB isn't the only one on this forum who falls into a lapse now and then. You're in good company.

I actually sent Wolpoff the 'Notice' and copied NAF. I included a copy of my VOD/CPN and the follow-up demand letter, along with the affidavit. I never obtained a notice of non-response or default. Didn't know I should (is this a 'DUH" for me?) - LOL.

I basically sent a notice of refusal and rejection of offer of arbitration and based it primarily on the grounds of MBNA "failing to provide any consideration in respect of said contract. Respondent's promissory not was not "taken for value."

Since I didn't address it primarily to NAF, I didn't include options. This could easily be done. But, a question arises as to whether I should correspond with NAF now or wait for their response to the copy of my 'Notice'.

Thanks for your thoughts.

Doc

[seeker]

If you got a letter whatever from NAF, I would respond to NAF and address THEIR issue(s) -- otherwise they could cite it as "non-response" on your part after they had given you an opportunity to do so.
But that is just my thoughts on it.

Did you go to their website and read some of their "code"? Very sanctimonious, considering who funds them! (MBNA)

Seeker

[dochand]

Didn't get one from NAF yet. Only the one I mentioned that came from Wolpoff. If I haven't received anything in regard to Wolpoff's denial from NAF, should I wait for them to write me first before responding to Wolpoff's denial? That's the question.

Also, should I respond to Wolpoff directly regarding their denial filing?

Just don't wanna get caught with my pants down.

Doc

[weishaupt1776]

Buscador uploaded some killer stuff regarding NAF
http://forum.suijuris.net/showthread.php?t=1799

Click on that 14 pgr especially

click the arbitration link

[seeker]

Have you received ANYYHING directly from NAF??

If not, as Vanton advised me, let sleeping dogs lie -- however, if you have sent them documents (copies) you may have inadvertantly awakened the junkyard dog.

In the case I was invovled with, I received and replied only to the DA -- until I got a direct communication from NAF -- then I sent them the Refusal and direction letter -- I received a letter from them saying that the file had been dropped.

The DA likes to pop up every so often to see if you remember what you did/said etc. Stay sharp.

Seeker

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HELLO ALL,

Long time no see, glad to be back.

I've been sharpening my legal skills and have been in court lately pro se fighting off the banksters on a collection case. I'll make a long story short: at a summary judgment hearing filed by the bank, the bank's attorney stands up before the judge and begins to fumble through a three ring binder with which he was obviously not familiar (prepared by his paralegal no doubt). He stammers and mumbles so badly before the judge that the judge says to him, "Mr. XXXXX, you're mumbling and I can't understand what you're trying to tell me. Would please speak up?!" Keep in mind that this guy is a senior partner at one of the premier collection practices in Texas. I loved it. He finished his BS and then pointed out to the judge that I was pro se--an obvious attempt to try and undermine me before the court.

Well, I get up dressed in my best suit and tie and looking more the part of an attorney than the bank attorney and present my response. About half way through the judge asks me, "Mr. Buscador, I understand you're here pro se but are you also an attorney sir?" Now I really loved it! I responded, "No, your Honor I'm not but I've dedicated a lot of time to reading and understanding the law and proper court procedure out of respect for the court and in order to make this hearing as productive as possible. I hope I'm doing a good job here today." The judge responded, "Proceed sir."

The result: the judge had only budgeted 30 minutes for the hearing based, I'm sure, on the the bank attorney's expectation that A) I would not show up, OR B) that he would steam roll me. The judge admitted that he had not had time to read the pleadings and that he would take it under advisement and render his ruling in two weeks. That was two months ago. He was a visiting judge, maybe that's why it's taking so long. However, my suspicion is that the bank's attorney was so emabarrassed that he somehow machinated behind the scenes to let this thing die a natural death and just go away. We shall see. Wish me luck and pray for me.

Regarding the NAF, I have a process pretty much perfected that not only allows one to beat the CCCs in arbitration, BUT TO WIN A COUNTER CLAIM AGAINST THEM FOR COSTS & EXPENSES INCURRED IN DEFENDING ONESELF IN THE ARBITRATION PROCESS. I am putting the final touches on the process and will share it with you all as soon as it's done. If anyone is in dire need of help, please contact me offline and I will work with you as best I can. Please note that time is at a premium for me these days so please don't contact me unless they are really about to get you for a large amount that could result in liens against your home or other significant assets if they domesticate the arbitration award.

Hopefully soon I will also be uploading the NAF Code of Procedure with my latest revised comments so please keep an eye out for that.

With respect to the overall arbitration process, the NAF, or doing anything further with Wolpoff & Abramson (W&A), let me just say this: W & A are a bunch of thugs. Ignore their letters until and unless they make a claim against you in the NAF or until they turn over prosecution of their claim against you to an attorney in your area. If this has already happened to you, then please contact me offline as well.

NOTE: NONE OF WHAT I HAVE STATED ABOVE IS TO BE CONSTRUED AS LEGAL ADVICE. IT IS JUST MY OPINION. SEEK LEGAL ADVICE FROM A COMPETENT LEGAL PRACTITIONER IN YOUR AREA.

I look forward to your remarks and comments.

Take care all,
B.