Saturday, September 13, 2008

Wolpoff & Abramson Defense

If you have a MBNA credit card in default or if you are receiving dunning letters or if you are you being sued by Wolpoff & Abramson, you may have a defense to the lawsuit and/or a claim against them.

Wolpoff & Abramson, LLP is a large national law firm of approximately 850 employees, in the practice of debt collection for large national retail and banking clients.

Since the National Arbitration Forum is a division and/or wholly owned subsidiary of Wolpoff & Abramson, any arbitration by the National Arbitration Forum is an absolute conflict of interest and can not be legally considered independent, neutral and impartial third party in arbitration. Any decision would be immediately be null and void under the federal arbitration act presuming there was an actual agreement between the parties to arbitrate a matter which there is none.

Consumer advocate and credit/debt expert Bud Hibbs has ranks Wolpoff as the 7th worst debt collection agency in the United States.

Just because a Wolpoff & Abramson, sues you does not mean that they are automatically entitled to a judgment. They still have to prove their case, and you can have a trial, even a jury trial. The key is to answer the lawsuit in a timely manner. If you answer in time you can successfully defend your case. You may win, and have a judgment in your favor entered stating that you owe nothing.

Consumers can choose not to contract with Wolpoff & Abramson in accordance with Hale vs. Henkel, 201 U.S. 43 (1906) and can reject any and/or all correspondence, claims, or any other documents implying they have contracted with them in any manner, shape or form.

Any arbitration conducted by National Arbitration Forum in violation of any of the laws, statutes, acts, codes, rules, listed below, constitutes a willful and intentional commercial injury to the consumer where the National Arbitration Forum is legally liable for.

The National Arbitration Forum cannot provide proof that the alleged \claim\ is in compliance with the Code as filed and said \claim\, as filed, further lacks several key elements required by law as follows:

National Arbitration Forum Rules:

1. Rule 1 of the Code states that both parties agree to arbitrate.

2. Rule 2A(2) of the Code requires that the initial claim shall include: a copy of the arbitration agreement or notice of the location of a copy of the arbitration agreement;

3. Rule 12A(3) of the Code requires a copy of documents that support the claim;

4. Rule 12A(4) of the Code requires an affidavit asserting that statements and documents in the claim are accurate;

5. Rule 12A(5) of the Code requires that the appropriate filling fee be paid;

6. Rule 12B of the code requires that claimant promptly file with the forum proof of service of the initial claim on the respondent;

7. Rule 20A of the Code indicates that the arbitrator have powers provided by the code, the agreement of the parties and the applicable substantive law;

8. Rule 20C of the Code indicates that the arbitrators do NOT have the power to decide matters NOT properly submitted under this code.

For the reasons stated above, any claims submitted to the National Arbitration Forum should be deemed frivolous due to the claimants numerous violations of the code and should be dismissed involuntarily pursuant to Rule 41 of the Code. This, of course, is in addition to all of the other violations of laws, acts, statutes, codes, doctrines, maxims of law and available case law.

Liability:

A lawsuit can be brought against Wolpoff & Abramson for willful and intentional fraud and racketeering which will be prosecuted for treble damages for commercial injury pursuant to racketeering under Title 18, Chapter 96 of the U. S. Code.

Mr. Kenneth M. DeLashmutt is a recognized Predatory Lending Defense Specialist and an authority on the subject of predatory lending practices, foreclosure defense, consumer protection and debtor\'s rights. He has more than 10 years experience in the area of consumer protection related to predatory mortgage lending practices and debt resolution. He has provided regulatory consulting services nationwide to financial institutions, consumers and regulatory agencies as well as real-estate and financial services organizations.

Areas of Expertise include: Banking Operations and Administration; Lending Policies and Laws to Protect Consumers, Mortgage Brokers and Mortgage Lender Predatory Lending Custom & Practice; Credit Administration; Bankruptcy and Foreclosures; Trust & Fiduciary Issues / Operations; Real Estate Transactions; Consumer Protection Litigation and Foreclosure Defense.

email: educationcenter2000@cox.net

website: http://www.educationcenter2000.com


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