MBNA saga. help would be much appreicated.

[RICKY]

SEEKER,



THIS WAS FROM APOST SQUIRRELS DID A WHILE BACK REGARDING THE NON-RESPONSIVE CRA'S....



The other options are a claim with the FTC or in USDC for either negligent compliance (lower burden of proof) or willful non-compliance (a pretty hard burden to prove)....



DOES THIS HELP ANY?



RICKY

[seeker]

Ricky;



Sorry for the confusion -- I have been researching this myself and it seems the correct term is Validate -- in my own case, I have seen the CC want to give your certified VERIFICATION- which I have researched to mean -- yep, it's an account -- which, of course is not what we want -- we want the DEBT verified/validated. Here is an excerpt of my recent findings --

"What is considered debt validation

This may be one of the most confusing aspects of the FDCPA. Debt validation means to have the CA prove the debt, (1) belong to the right debtor and (2) not already paid prior. Many CA are now fighting back against a debtor's request for VOD because they claim, the FDCPA states they only have to prove it is your debt and not paid prior. This is an area that will definitely need attention from lawmakers to clarify. However, in our opinion, VOD does include proving the debt is valid beyond just showing it belongs to the right debtor. So stick to your guns when requesting proof of the debt because you have an absolute right to make sure the debt is valid in its balance as well as contract information. Be concise in your request for VOD. Don't ramble on and on asking for everything under the sun, because that may not be supported by the FDCPA. Ask for your signature, balance due, posted payments, any credits and date of last payment and activity. These are all valid requests in our opinion and could be effectively argued under the FDCPA for VOD"



Hope that helps a little. In any case -- we are asking for proof -- ie. original documentation of the ALLEDGED DEBT --



As to your last post, was there a link there? Appreciate your help. We will perfect and share until we have them by the short hairs!



Seeker

[RICKY]

THANKS SEEKER.



NO THERE WAS NO LINK, JUST A QUOTE FROM SQUIRRELS I HAD SAVED.

[RogerPatrick]

First you need to read your state arbitration act and the Delaware Uniform Arbitration Tract if that is referenced in the generic contract they are pushing with the arbitration clause which you never signed and it has a clause in there where you give up yoour right to trial by trial by jury, you must knowlingly, intentional and willingly give up thatright. Now rerad your state statute on arbitration and you will find that the arbitrator (NAF) or whoever must have an agreement to arbitrate by the parties or a motion to complet arbitration by the state court, it these are not present first the state does not have subject matter jurisdiction and the arbitrator does not have the power to arbitrate. Get the NAF code of procedure at adr-forum. com (I believe) Read Rule 1, Rule 1A, Rule 12 Rule 5, Rule 20 You will find that no one has any authority to arbitrate anything unless they have a signed agreement to arbitrate by the Parites or a motion from the state court compelling arbitration. Your point of law is that there was NO Agreement to Arbitrater and now study the NAF rules and see MCI Telecomms. Corp. v. Exalon Indus. Inc, 138 F.3d 426 (1st Circuit) which states that an arbitration award is invalid ab intitio if the parties have not agreed to arbitrate or ifthe arbitration is not conducted inaccordance with the arbitration agreement. Read USc 9-2 very closely about the one thing the federal or NAF cannot decide and that is jurisdiction that is reserved to the state and it must be stored on the state by the parties agreeing or and order compelling arbitration if not everything else is moot. RPatrick