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MBNA sold to jdb, jdb's lawyer threatening arbitration. can mbna tranfer arb clause?


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I have hit the search button so LNY before you jump all over me, I know the drill but am still confused.

MBNA had sold my debt to a jdb. The jdb's lawyer sent letter saying notice of intent to arbitrate. Is the original arbitration agreement with mbna transferrable to a jdb?

Also, when did MBNA start enclosing arbitration causes in there contract? If this account was opened before they had this clause am I exempt?

Thank you in advance for you help and time! It is greatly appreciated!

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I have hit the search button so LNY before you jump all over me, I know the drill but am still confused.

MBNA had sold my debt to a jdb. The jdb's lawyer sent letter saying notice of intent to arbitrate. Is the original arbitration agreement with mbna transferrable to a jdb?

Also, when did MBNA start enclosing arbitration causes in there contract? If this account was opened before they had this clause am I exempt?

Thank you in advance for you help and time! It is greatly appreciated!

curious as to who the lawyer is.. this is such a sham I am going through this too a card that was NOT MBNA.. sold to MBNA.. I never used the card as MBNA... only paid on it.. (like I had a choice who to pay) and the JDB is trying to arbitrate. and the NAF people dont give one crap about consumers this is very slanted towards the JDB..

however I will get slammed for this but if you are near sol I am told it doesnt count until you are served (NOT in a regular lawsuit.. that hits when you are filed on).. I have been told by my lawyer not to sign for anything.. I have 30 days until my SOL is up... they tried to send me papers in Dec of 05 (two days before christmas i was gone for 10 days so they were sent back).. they have not served them again.. and the NAF told my laywer they cant do anthing without proof of service (does NOT mean they wont lie and make up documents)... but right now.. both bud hibbs and the NACA lawyer have told me not to sign.. period.. so I am waiting it out..

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curious as to who the lawyer is.. this is such a sham I am going through this too a card that was NOT MBNA.. sold to MBNA.. I never used the card as MBNA... only paid on it.. (like I had a choice who to pay) and the JDB is trying to arbitrate. and the NAF people dont give one crap about consumers this is very slanted towards the JDB..

however I will get slammed for this but if you are near sol I am told it doesnt count until you are served (NOT in a regular lawsuit.. that hits when you are filed on).. I have been told by my lawyer not to sign for anything.. I have 30 days until my SOL is up... they tried to send me papers in Dec of 05 (two days before christmas i was gone for 10 days so they were sent back).. they have not served them again.. and the NAF told my laywer they cant do anthing without proof of service (does NOT mean they wont lie and make up documents)... but right now.. both bud hibbs and the NACA lawyer have told me not to sign.. period.. so I am waiting it out..

Going through this too. Sounds very similar to your case.

MBNA introduced their mandatory arbitration clause back in Feb 2000. There was an "opt out" letter sent to card holders sometime before that. LOT of LOT of LOT of stuff out there about this..

Not to hi-jack BUUUT, I read your thread about your situation Carolina, and I am unclear what you mean by 'served' - are you talking about the NAF award document being served, or a summons..?

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Are you sure this is a JDB, and not the evil scumbags known as Wolpoff? Interesting, as I've heard that MBNA has been selling their chargeoffs lately instead of giving them to the Wolpoff vultures.

All I know is...I'd MUCH rather be dealing with a JDB than Wolpoff. DV the JDB--they'll likely have zero documentation (per usual.) When they inevitably file with NAF, sue them. Problem solved =D

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Going through this too. Sounds very similar to your case.

MBNA introduced their mandatory arbitration clause back in Feb 2000. There was an "opt out" letter sent to card holders sometime before that. LOT of LOT of LOT of stuff out there about this..

Not to hi-jack BUUUT, I read your thread about your situation Carolina, and I am unclear what you mean by 'served' - are you talking about the NAF award document being served, or a summons..?

I mean that they have filed a claim.. according to the NAF rules..they file a claim.. you have to be sent that info (certfied mail.. ups.. etc) when you sign the jdb or lawyer has to then give NAF proof of service.. you dont sign they can't provide that... there is no proof of service therefore they can't deem an award until that paper is in your hands (thats how its supposed to work)... right now they have a claim from Oct of 05 (which after 90 day with no service is supposed to be refiled)... there is no date of response since they have no proof of service.. in 30 days my sol is up... if I sign after that they are out of sol, but I dont plan on signing for this paper at all.. they cant award me if I dont have the claim documents (well thats the rule they are supposed to go by!)

UPS and the mailman ARE not of the courts.. NAF is not a government function they are a private company.. they claims and awards mean nothing until they are judgements... but 98% of the time they get it... which is why my NACA guy and Bud Hibbs and someone else who is in this industry said DONT sign for the claim... and I dont plan too

I KNOW someone on here is going to have something to say about it.. but since hibbs and the lawyer has done this a time or two I tend to believe them... doesnt mean NAF wont lie and cheat but they have to prove I was given these papers in court.. cant do that without a signature.. and no it wont toll my SOL.. had this conversation too

code of procedures on the website clearly state that NAF needs a signed reciept by CMRR or private carrier (UPS FED EX etc)...

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I KNOW someone on here is going to have something to say about it..

You're right...I've got something to say. Both your lawyer and Bud Hibbs are 100% correct...do not sign for anything from the NAF. Their rules do require you to accept their mailings as implied agreement to their scam.

NOTE: This is not the same as "being served". As you pointed out, these guys aren't the law...they're arbitrators with their own rules. "Being served", in most states anyway, relates to receiving a court summons to appear to defend yourself in a court of law. And, since each state has their own laws regarding service, not signing may not hold water. However, like I said, the NAF is NOT the courts...

Also...their is a post around somewhere about whether or not the CC arbtration agreements are "assignable"....meaning, can the be transfered from the CC to a JDB. I beleive it was the 9th circut court that said "NO".

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You're right...I've got something to say. Both your lawyer and Bud Hibbs are 100% correct...do not sign for anything from the NAF. Their rules do require you to accept their mailings as implied agreement to their scam.

NOTE: This is not the same as "being served". As you pointed out, these guys aren't the law...they're arbitrators with their own rules. "Being served", in most states anyway, relates to receiving a court summons to appear to defend yourself in a court of law. And, since each state has their own laws regarding service, not signing may not hold water. However, like I said, the NAF is NOT the courts...

Also...their is a post around somewhere about whether or not the CC arbtration agreements are "assignable"....meaning, can the be transfered from the CC to a JDB. I beleive it was the 9th circut court that said "NO".

THANK YOU>. you are right.. difference between "being served".. my lawyer asked for a copy to be sent to him from NAF but didnt sign for it and stated this in no way indicated proof of service.. which is how I saw the agreement.. it states it has to be signed .. its not..

Hibbs told me that the SOL is when I sign for the agreement claim (now when you are served they can file before the SOL and it counts.. doesnt matter when you are served.. just when they filed *) but in arb.. this thing has been sitting around for a year and a half.. ALSO according to the NAF sight after 90 days and no proof of claim has been given they are supposed to refile.. which they have not done.

my concern is that with my lawyer asking for a copy of this NAF may have called the other side to wake them up and ask for some proof of service.. but in 30 days.. unless they refile they are out of SOL.. however the lawyer contends since they never bothered to respond to my DV thats continued collection activity which as we all know is a violation (that and my card was sold to MBNA.. I never even had an MBNA card and only paid on the account and never used it.. so how am I under arb. my first card didnt have that clause.. lots of ways to go here.. ).. thanks Willing for your comments *

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Just please do not send that stupid " Refuse to Arbitrate " letter. NAF takes it as a response and will slam you.

Correct. If I intrepret their gibberish correctly, their rules say that any communication from you can be considered aknowledgement that you received thier notification. Therefore, by sending them a "I refuse to participate" letter, you telling them that you did receive their notice and therefore impying that they can go ahead and rule.

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Just please do not send that stupid " Refuse to Arbitrate " letter. NAF takes it as a response and will slam you.

thanks to you.. I knew that.. so we never sent it.. the only thing they got was a phone request from the lawyer for a copy of the file.. which they sent.. he indicated (again thanks to you ) this in NO way indicated service... and there has been nothing of any kind from me.. I believe ANY communication from me could sink me.. so I am laying low.. I just wonder if she contacted the other side when this was requested... any ideas on that would be helpful..

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...if the arbitration clause is considered valid when an account is sold to a jdb? Does the jdb have the right to arbitration? Anybody?????

You'll have to search the forums here. I do remember a post about some circuit court saying no...on the other hand, Recovering Attorney gave you an answer in your other post.

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You'll have to search the forums here. I do remember a post about some circuit court saying no...on the other hand, Recovering Attorney gave you an answer in your other post.

You know what willing, I totally forgot I had posted regarding this before...my apologies. I guess this credit hell sometimes can make your head spin. At any rate thanks I just saw the post you were talking about. Have a great weekend!

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You're right...I've got something to say. Both your lawyer and Bud Hibbs are 100% correct...do not sign for anything from the NAF. Their rules do require you to accept their mailings as implied agreement to their scam.

NOTE: This is not the same as "being served". As you pointed out, these guys aren't the law...they're arbitrators with their own rules. "Being served", in most states anyway, relates to receiving a court summons to appear to defend yourself in a court of law. And, since each state has their own laws regarding service, not signing may not hold water. However, like I said, the NAF is NOT the courts...

Also...their is a post around somewhere about whether or not the CC arbtration agreements are "assignable"....meaning, can the be transfered from the CC to a JDB. I beleive it was the 9th circut court that said "NO".

These scamsters have no Oaths of Office! How can anyone in their right mind cave into their sham proceedings. Demand their Oath of Office when they dont produce, they have absolutely no STANDING or Jurisdiction! Can you say SCAM?

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These scamsters have no Oaths of Office! How can anyone in their right mind cave into their sham proceedings. Demand their Oath of Office when they dont produce, they have absolutely no STANDING or Jurisdiction! Can you say SCAM?

You might be surprised to find out how many Judges dont have an Oath of Office either.

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Strong words there Recovering, maybe they should post a caveat of using those Master Refusal Letters.

He is right.. they are garbage.. I have yet to find someone who sent one and it wasn't ignored.. the NAF could care less about refusual.. unless you have something strong to back it up... and even then its a crap shoot.. all it does is proof the claim /service was recieved.. from what I have read it bites more people then it helps

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I am dealing with a similar situation. I received a letter from a law firm, back in Oct. 2006 who was trying to collect for a JDB, so I DV'd the law firm and never heard or received anything from them. Then I receive a letter from the JDB themselves, stating: Dear (debtor), we have made every attempt to resolve the above-referenced outstanding account. I sincerely hope we can reach a mutually agreeable resolution to this matter. Please contact us...1-877-....... The original contract you entered into with MBNA America Visa provides for the resolution of claims or disputes by means of binding arbitration.

In the event that we are not able to reach an amicable agreement, the filing of an arbitration claim will be evaluated. As a result, your account may be submitted to binding arbitration before a neutral and independent arbitrator under the rules of the NAF. A hearing will be set w/in the federal district that includes your billing address. Arbitration proceedings can result in an award, which can be entered as a judgement and enforced to the fullest extent of th law.

So now I will DV this JDB and see what happens.....they've been calling my home and WORK number(s) at all hours and times! It's really crazy!

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Well, here's one court case...

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

...and here's another, more to the point, I think...

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=257766

Of course you'll probably need a lawyer, and you'll need to make sure that they haven't been overturned on appeal.

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