Ok, I am just having the crappiest of months! I just received papers from a man last night when i got home from work. I have been searching the forums for more info, but I am not sure WHO the law firm is. Here is a snap shot: In the NAF Claim AAC, Claimant RE#ACC vs tcmc Forum File #:123456789 Account#987654321000000 Tcmc, Respondent They included a generic print out of a "summary of account". What do I do? Also, they sent me a collection notice dated 12/1/03 that I also received today. I have disputed the account w/ the CRAs and all have come back verified. Do I send validation to the NAF & AAC (because the printout doesn't mean a whole lot, there were no signed documents by me included)? What are my next steps? I don't have the extra loot for an attorney.
Arbitration is supposed to mean that both sides agree to abide by the ruling of a third party. Unfortunatly, from what I've read on Credit Net, when MBNA uses arbitration it is more forced down your throat, and they make it VERY hard for you to successfully refuse arbitration. Also the "independant third party" is in the business of making money, so as long as arbitrations go the way of MBNA they will of corse continue to use the same third party, so you can rest assured that the deck is stacked against you. First thing first, you need to figure out how to answer the request for arbitration with a "No I don't agree to arbitration" I'm not sure how that is done. Also it wouldn't hurt to continue requesting validation. I'm sorry to say, you're on a long path to pain-ville unless this debt is past SOL for collection. Sorry I couldn't be of any more help. ChrisB
ChrisB- I appreciate your response. I'll continue to look for a good letter to dispute the arbitration. In Ohio the SOL is 4 yrs, I am still within SOL (would be up 12/04). In the mean time, I will send validation to AAC.
Also, I never received anything from MBNA about any "arbitration clause." This account was closed by me in 98 or 99. All I have ever received from AAC is collection letters. Please give me feedback on how to respond: 1. Who do I send validation to? The claim does not have an attorney listed only the signature of someone on the belief of the Claimant. 2. Do I deny the invite to arbitrate? And if so, how do i do that?
If the arbitration clause they are trying to invoke was added after you closed your account, it is probably not part of your contract with them. Many arbitration clauses allow suit by either party in small claims court. They may also allow arbitration in other forums than the particular one MBNA is requesting.
