Re: MBNA, Wolpoff & Abramson, National Arbitration Forum

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Kay

First lets talk about arbitration. In my opinion this is one of the
worst places for the common man to submit to. The reason is the
Arbitrator may not be a judge or a person with legal training.
Also you can not assert rights or laws in this forum. It is just a
fact gathering room with some supposed non partial person deciding
the matter.

Second; Lets look at your defenses. One you mentioned your mother
does not speak English. If so then you could not have “consented”
to the terms in the agreement. The burden of proof is not on you
to prove you did not sign the contract but for the plaintiff
(collection agency) to show the court you did Consent by signing the
contract. Again notice I said court. In arbitration this does not
have to be done it appears. If your mother’s education is not
above high school then she can asset that she did not understand and
did not INEND to sign.

But your greatest defense is I never signed and the company did not
take reasonable steps to ensure the Identity of the signor.

What to do. Write this collection agency a certified with a return
card letter stating that you do not owe them anything. They have
the wrong person. You have never signed any agreement with the
company. You are NOT going to pay this award. Any attempt to
collect or negatively report this on your credit proper legal
action will be brought to COURT.

If they send you many letters stating to pay ect. Ignore. Part of
the tactic of collection agencies is to scare the other person to
pay. If they do bring you to Court great! They will have to
reproduce the contract and prove your mother signed.

In many agreements such as airplane tickets, credit cards when you
sign it obligate you to bring ANY dispute to arbitration in the
state they choose. If you live in New York and Arbitration is in
California you are not likely to attend. This is what they are
counting on. But again you did not sign (consent) so you did not
agree to any arbitration form. DON’T TALK to any person from the
collection agency. DON”T SIGN any document. NOR PROVIDE any
document to them. Force them to correspond by written letter to
you. Reveal as little information as possible such as your mother's
native language. Write back denying all allegations by certified
letter. It would be great if in court they produce an English
contract while your mother stands there not knowing English. :) But
if they know the language of your mother they might "come up" with a
contract in her language and her forged signature.

Res Ispa Loquitur

On 1/21/07, Kay wrote:
> No. Never agreed to anything. Didn't even see an agreement. All my
> mom got was a letter from NA demanding that she answer or they
> will automatically grant a judgment against her. She had no option.
>
>
>
>
>
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> On 1/21/07, Res Ipsa Loquitur wrote:
>> Kay
>> How did you get involved in Arbitration? Why did you agree to
>> this forum?
>>
>> Res Ipsa Loquitur
>>
>> On 1/20/07, CK in Delaware wrote:
>>> On 9/06/06, rrr wrote:
>>>> Bring a lawsuit in your jurisdiction suing MBNA, Wolpoff and
>>>> the National Arbitration Forum asking the judge to make a
>>>> determination of whether you mother in fact entered into a
>>>> contract.
>>>>
>>>> On 9/06/06, Kay wrote:
>>>>> About 5 months ago, Wolpoff & Abramson sent a collection
>>>>> notice to my mother regarding a debt owe to MBNA.
>>>>> Immediately, we knew that the debt does not belong to my
>>>>> mother becasue she does not speak, read, or write English.
>>>>> She could not have applied for any credit card. We quickly
>>>>> contacted Wolpoff & Abramson to send us documentation
>>>>> proofs to verified the debt. All they sent us was a bunch
>>>>> of statements. When we ask for a copy of the application,
>>>>> checks or payment inforamtion, we were ignored. Soon
>>>>> afterward, we receievd a letter from the National
>>>>> Arbitration Forum asking my mother to provide a respond to
>>>>> a claim filed by Wolpoff & Abramson. Within a few days, we
>>>>> filed a respond to the National Arbitration. We told NA
>>>>> that my mother is a victim of identity theft and that we
>>>>> already filed a report with the local police. We even
>>>>> enclosed a copy of the report for their review. NA simply
>>>>> ignored the whole situation, violated the law, and granted
>>>>> an AWARD to Wolpoff & Abramson.
>>>>>
>>>>> What should we do next?
>>>
>>>
>>> Tell Wolpoff & Abramson to go where the devil lives. They are
>>> nothing but a bunch of big, dumb turkeys