MBNA saga. help would be much appreicated.

I read Cracking the Code in 2002 and signed up with BBCOA to cancel credit card debt with MBNA. MBNA sent the case to arbitration. I did not consent to arbitration (BBCOA form letter). Arbitration proceeded. Award for MBNA.

3rd party debt collector sent Demand Letter in 3/03. I sent back the RIPARD, Conditional Acceptance, Affidavit and certified funds in 4/03 within the 30 days. At this time, the BBCOA was out of business. I paid a BBCOA consultant for the documents described above and sent them by registered mail.

However, and this is shameful, I did not do the research I should have done to learn what I was submitting. I just assumed... "pay money/ solve problem. Next."

Two months after receipt of the above materials, the 3rd party collector sought confirmation of the arbitration award in ID district court.

I tried repeatedly to contact my BBCOA consultant, but he was not responsive. Hence, I went to court to "argue" my case on what I thought would be the merits, i.e. no service, no contract to arbitrate, no application of the correct law, etc. I lost in a nanosecond.

The judgment was entered for the 3rd party collector. I have been doing research on the internet every night after work for the past 70 or so days. I put together a Motion to Set Aside Judgment based on some tactical issues and the "no contract" to arbitrate idea and I have a re-hearing on 7/8/04... Thursday.

Last week, I went to SanDiego to attend a workshop on Bills of Exchange. I learned the concept of honor and through doing research on that topic, I found this website.

Today I found the Afffidavit of Default notice that is available under downloads.

MY QUESTIONS ARE:
a) Can I file the Affidavit of Default with the 3rd party collector and the court at this time? ... i.e. after I have already been in court to argue on the merits?
b) Will it do me any good to do so?
c) Will the court ignore the administrative remedy I used.... the judge pretty much ignored everything else I had to say?

My strongest court argument is that I believe that the 3rd pary debt collector has deceptively filed this suit naming MBNA (not MNBA America Bank) as the Plaintiff... which was confilcting with his own demand letter telling me the debt "originated with MBNA America Bank and was acquired by my client." For the set-aside hearing, he has entered an affidavit that the "and was acquired by my client" part was a typograpical error.

I think I could win this if I knew how to obtain proof that he is not counsel for MBNA America Bank. If I can show that he is NOT counsel for MBNA America Bank, I can show he has been deceptive and that he "is not a party to confirm the award" as required by Federal Arbitration Act section 13.

Also, the debt collector has not filed any "proof of authority" to collect the debt.....but, and I have been trying to figure this out for weeks now.... I don't know how to compel him to do so.

I tried to hire at least eight attorneys to help me with this... they either did not reply to my inquiry or they turned me down.... premise being that I am a deadbeat who should pay her bills.

Thank you for whatever suggestions you may have on this.

[Ice]

I have a question... when you went into court did you speak an "oath" before the court?? If you did not then the judge did not hear you... you are considered to be a liar or not there at all. Attorneys are considered to be under oath at all times appearing in court.



Any and all affidavits that you can file into the record should be filed into the record. If the attorney has admitted in a letter to you that he has "purchased" the debt then it is EVIDENCE that he does NOT REPRESENT MBNA and may be attempting to perpetrate a fraud upon the court. Also, the "purchase" of evidence is ILLEGAL. Check the forum for case cites... and try to find your State laws regarding the purchase of evidence.



Any papers or documents that you file with the court -- take 2 copies, submit one for filing and have the other time stamped for your records. Keep track of what goes on with the case via a copy of the "docket" sheet every few days or weeks... depending on how slow or fast the case is moving. There have been some posts that speak of certain actions being omitted from the docket sheet which can force the entire case out of court... for "fraud" I believe.

I did not take any oath.
There is an oath at the bottom of the "Move to Common-Law Court" that I did not use.
Should I just use this oath or also seek to ask the judge the three questions to move the court to common law? What do I do if the judge refuses to answer?

[Ice]

Check these threads out:

here and here



There are a lot of threads like this one that may assist you in your endeavors. There are some that speak of the oath and other procedures/processes. Start at the beginning and work your way to the present... you'll find a lot of info in this forum. (Don't let the title of a thread persuade you to skip it... check them all out... the topic can change rapidly from post to post.)

[Jerseee]

Participant,



You can also use your remedy to satisfy the whole thing.



First you should put the judge on judicial notice. Make sure its on the record. Then enter on the record HJR 192.



Remember HJR 192? Well ask for the settlement offer and tender a CPN right there in court! Have a notary with you and have the notary sign it on the spot and then hand it to the judge.



Let them break the law in public for a change. If they refuse your tender--enter a motion to dismiss the entire case.



Oh yeah---STOP ARGUING.

Dear Jerseee,
Thanks kindly for your reply. I would love to stop arguing... not only am I not good at it... the whole process is just such a waste of time.
Unfortunately, for now, I know just enought about HJR 192 to qualify as an idiot. Sadly, this is about 2 steps ahead of where I was last week. I am encouraged by your reply to me and I promise to learn more about the process you described in the coming months.
Thank you.
Today, I entered into my court record a 120 page brief, with judicial notice, on the illegalities of compelled arbitration and why same, provided as billing stuffers, do not constitute a valid contract (Myers v. MBNA, Montana, 2001). In court on Thursday, I will take an oath before I start speaking and I will do my best to keep the opposing attorney from issuing testimony. I will try to get the unauthenticated award thrown out as evidence and I will keep my cool when the judge and the opposing lawyer appear to be blood brothers in some secret fraternity that condones deception and intimidation as a valid alternative to justice. My chances are 50/50. I am working on how to present my case (verbally) now, and I will issue a report of how the anticipated hellride went on Friday, or as soon thereafter as I can bring myself to pull it all back into short-term memory.
The diligence that you and Ice and SuiJuris show in helping others is truly selfless and, as I hope you know, remarkably rare.

[seeker]

participant:



Why testify verbally? Organize your notes, thoughts, tools, etc and file an Affidavit of Truth and then just stand on your paperwork. This avoids the necessity of speaking and then getting flustered and saying things you don't mean to say and falling into a trap. I too am going into court and plan to petition (not move -- been reading old posts!) the court to recognize the remedy from the private side already obtained and the fact that there is NO dispute to arbitrate. The Certificate of Dishonor and the Notary Notes of the Process will accompany the Petition (or letter to the Clerk of Court -- as per Jack Smith?). Anyone who has more info or an audio on Jack Smith readily available would be a Tremendous help to me right now! I am also considering an affidavit with the support cases/code for the Remedy. -- Thoughts? Ice -- Jersee,e others?

Seeker

[Ice]

"Affidavit of Truth"



Q: Is there any other kind? Whoever came up with that title wasn't having a good day.

[RICKY]

SEEKER & PARTICIPANT913:



WOULD YOU MIND UPDATING ME (US) ON YOUR CASES INVOLVING MBNA RIGHT NOW?



I JUST RECEIVED THE FIRST LETTER FROM WOLPOFF & ABRAMSON, L.L.P. IF YOU GO TO THE BUD HIBBS WEBSITE HE REALLY GIVES THEM AN A+ FOR REAMING THEIR TARGETS, AND SAYS THAT MBNA, W&A, AND THE NAF ARE ALL TOGETHER IN THIS DEAL TO GET YOU INTO ARBITRATION WHETHER YOU AGREE OR NOT. ONCE THE ARBITRATION RESULTS GO THEIR WAY, THEY THEN LOCATE AN ATTORNEY IN YOUR AREA TO FILE FOR A JUDGMENT AGAINST YOU.



WHAT HAS WORKED FOR YOU SO FAR AND WHAT HAS NOT?



OF COURSE MY FIRST REQUEST WILL BE TO SEND ME CERTIFIED VERIFICATION OF THE DEBT.



THANKS,

RICKY

[RICKY]

JERSEEE:



WOULD YOU READ MY POST TO SEEKER & PARTICIPANT913 AND OFFER ME ANY OF YOUR THOUGHTS? I FEEL LIKE THIS WILL BE A RAILROAD JOB....I HATE USING THAT TERM LIKE THIS BECAUSE MY FATHER WORKED FOR A RAILROAD COMPANY FOR 43 YEARS AND HE PROVIDED A GREAT HOME AND FAMILY LIFE FOR US....BUT THE TRAIN JUST WON'T STOP QUICKLY.!



YES, I WILL DO A REQUEST FOR CERTIFIED VERIFICATION. JUST TRYING TO DETERMINE IF I NEED TO DO MORE.



RICKY