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Wolpoff & Arbitration
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Posted by BigD
(207.17.185.128) on April 22, 2004 at 18:45:33:
Hi, I live in Texas and have been contacted by W&A on behalf of MBNA. They have filed an arbitration claim with the Ntnl Arbitration Forum. The last payment was in Sept 2003. Up to this point I had a flawless credit record. Amount of debt is around $50k and I cannot pay in the forseeable future due to circumstances (I won't give details). I have little or no equity in either my house or car.
I sent a certified mail C&D letter (which worked-they stopped calling). Then they sent a notice that the arbitration claim was filed. I didn't respond. Just recently, they sent another letter reminding me that they've filed for arbitration and that they are "writing in an effort to resolve this matter and avoid proceeding to an arbitration review."
After receiving this last letter, I sent a validation letter (not sent within the 1st 30 days), and a Refusal to Arbitrate letter (thanks Why Chat) both certified mail.
A couple of questions:
1) If anyone has had success with the Refusal to Arbitrate letter, please tell your story. I've searched through the archives but haven't seen anyone follow up on whether it worked.
2) Is the last letter they sent a violation of the FDCPA since I sent a C&D letter?
3) Even if they don't arbitrate, won't they just sue me and win a judgement that way?
4) Any other advice on how to handle would be greatly appreciated - I'm losing sleep over this.
Thanks.
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