Thread: MBNA sent me to arbitration - help

ecast settlement and
wolpoff& abramson, LLP
of rockville md
recently sent me a claim that they had submitted to the
National arbitration forum.
I will paraphrase the claim:
They basically state that they are attempting to collect an $8,000 debt for MBNA.
They are also attempting to collect an additional $1206.8 in attorney fees.
They attached an unsigned terms and conditions agreement and a generic 1 page computer printout of an account summary.
The arbitration
www.arbitration-forum.com
States that I have 2 options that must be done within 30 days of receipt.
1. Submit a written response to the claim, and done so in compliane of the arbitrations forum code. If I fail to respond in 30 days an award will be entered against me in favor of the Claimant.
2. Demand a Document hearing or Participatory Hearing
Nice options, huh?
I wrote them this in return (with the help of an attorney friend)

Respondant states:

The respondent, VEGASX, moves that the matter be dismissed due too lack of jurisdiction by the National Arbitration Forum. Respondent specifically states that the complaint filed herein fails to state a Prima Facie (on the face) case wherein the forum may assert jurisdiction over the respondent. Further, despite a simple conclusory claim of contact there exists no privity of contact between respondent and claimant. Respondent further states that he never agreed to nor entered into any contractual relationship whereby he waived his legal rights and agreed to submit to binding arbitration. Further that the determination of whether or not the respondent is subject to arbitration is a legal question that con only be determined by a court of competent jurisdiction, thus this matter must be dismissed. Respondent appears only to contest the jurisdiction of this forum and does not other wise appear, acquiesce in to or submit to the jurisdiction of this forum.

continued.....

30 days later the arbitration firm has not contacted me again, but I have been sent to arbitration again from the same law firm to the same national arbitration firm.
My question is what is the best way to proceed with this mess.

Thanksx,

Vegasx

I'm not attorney, but I can feel for you because I went through the exact same nightmare last summer with W & A, the National Arbitration Foundation, and 2 different MBNA accounts.

After being scared to death, I was able to reach a payment agreement with W & A for each account. They settled for full amount minus the attorney fees. They refused to go any lower and they also are adding 10% monthly.

I read everything I could about W & A. From what I understand, they are the nastiest of the nasty CA's. There are several threads on this forum about them.

My best advice to you is to set up a payment plan and pay them monthly. Whatever you do, don't default on your agreement with them!!

By the way, the messy entries from MBNA will probably stay on your bureau reports. As long as you make nice with them, W & A won't report anything, but MBNA is still on both mine and my husband's reports and we've been paying W & A regularly for over a year and disputing with the CRA's for the same period of time.

debtchoked

Originally posted by vegasx
continued.....

30 days later the arbitration firm has not contacted me again, but I have been sent to arbitration again from the same law firm to the same national arbitration firm.
My question is what is the best way to proceed with this mess.

Seems to me that W&A have yet to prove why/how you are bound to adhere to the demand for arbitration. I think you need another well worded reply that again requires W&A to prove a legally binding contract or clause the allows them to pursue relief via arbitration. I other words, you need to consult your lawyer friend again!


Michael

I "THINK" just about all the credit card companies sent out MANDATORY "ARBITRATION" NOTICES..."IF" you opted out...they would just close the account...just like when you get "JACKED" you can keep paying at the current terms...UNTIL PAID IN FULL...(but they CLOSE the account IMMEDIATELY)

Something else to consider in a legal context - the higher courts, including the Supreme court, have recently handed down some decissions that basically assert that the arbitration process (as in this process) unduly favors the plaintiff and have struck down rulings from abritrators! Also, apparently the NAF is partially funded by MBNA, which would definitely raise questions in my book! Another consideration is the fact that unless the arbitration was ordered by a court of law it may well have no validity unless it is later adjucated in a court of law.


Michael

Thanks for your replies.

I do not see how they can legally move forward with this.
I plan on just reasserting my inital point that they have no grounds to force me to submit to arbitration.
and that they must dismiss the claim

Originally posted by vegasx
Thanks for your replies.

I do not see how they can legally move forward with this.
I plan on just reasserting my inital point that they have no grounds to force me to submit to arbitration.
and that they must dismiss the claim

"IF" you have no way to "OPT-OUT" except by CLOSING the account...IT SOUNDS LIKE IT IS ALWAYS IN FAVOR OF MBNA...YOU CAN'T WIN!!!

Originally posted by vegasx
Thanks for your replies.

I do not see how they can legally move forward with this.
I plan on just reasserting my inital point that they have no grounds to force me to submit to arbitration.
and that they must dismiss the claim

So how did it go? I am now in the same boat you're in with MBNA/W&A. W&A sent sent me a $8k+fee's NAF claim with a copy of a generic unsigned credit agreement and a screen printout. They previously failed to validate the debt. I would like some more feedback on your situation before I decide to respond to W&A's claim.

respond email me if you can...
thank you.
DebtMeistr

I found this with a google search. Maybe there's hope.

http://www.atla.org/homepage/mbna.aspx