Re: W&A and NAF

Posted by computerguy (204.180.131.3) on May 07, 2004 at 15:32:29:

In Reply to: Re: W&A and NAF posted by DrlAudio on May 07, 2004 at 13:09:58:

Is W & A acting as the Collection attorney for MBNA OR whoever? Along with your request for validation of the debt send a proof of claim and it will have to be answered withing 90 days as per the FCBA. Here's a tidbit - I'd request a proof of claim, and also state that their "client" has NOT complied with the Fair Credit Billing Act by answering the dispute w/in the 90 days Mandated by the FCBA. Until they answer the claims brought b/f them, he has no subject matter or in personam jurisdiction to interfere in this matter.

Fair Credit Billing Act, 15 U.S.C. 1666. It's all laid out. They must respond within 90 days.

A guy used this argument in court on April 2, 2004 and won on a case against Citi. They filed suit, he didnt' answer. He just filed a Motion
to Dismiss and won.

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