Re: MBNA Arbitration

Posted by computerguy (204.180.131.3) on May 06, 2004 at 08:19:53:

In Reply to: MBNA Arbitration posted by Anon on May 06, 2004 at 00:17:47:

I know someone that has already faced the same thing you are facing with these low lifes. This is what she sent to them and they have not gone on with their sham procedure of getting their judgement yet and it's been several months.

Your Name (print certified mail number here)
Your address
City, state, zip code

The name of the person who sent you the collection letter
Their address
City, state, zip

Sir or Madam:
The statements sent to me do not rise to the level of validation evidence and the signature on the copy of the agreement must be a forgery as it is not mine. You are in receipt of notice under the authority of The Fair Debt Collections Practices Act regarding your file #XXXXXXXXXXX #OOOOOOO 000000 RMS008. It is not now, nor has it ever been my intention to avoid paying any obligation that I lawfully owe. In order that I can make arrangements to pay an obligation which I may owe, please document and verify the “debt” by complying in good faith with this request for validation and notice that I dispute part of, or all of the alleged debt.
1. Please furnish a copy of the original promissory note/agreement redacting my social security number to prevent identify theft and state under penalty of perjury that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters.
2. Please produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect.
3. Please identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.
4. Please verify under penalty of perjury, that as a third party debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original maker of the note.
5. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.
6. Please verify under penalty of perjury that you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable.
7. Please provide verification from the stated creditor that you are authorized to act for them.
8. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment.
Disputing the “debt”

Your signature
Your name

month day year

Copy to:
Consumer Response Center
Federal Trade Commission
Washington, D.C. 20580

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