Re: MBNA, Wolpoff & Abramson, National Arbitration Forum

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I recently was forced into NAF arbitration via W & A , due
to a billing dispute with MBNA. The W & A attorney admited
that the "Exhibit" was not even the correct Credit Card
Agreement. The arbitrator, myself and a witness there for my
benefit all heard it : the arbitrator was qutie suprised;
however, despite his knowing as to my objections and the
obvious and arrogant admittal of an improper exhibit, MBNA
was still found in favor even thought the hearing should
have never taken place to begin with.

Under Billing Error Disputes, Regualtion Z 226.13 is quite
explicit in stating the responsibilities of credit card
issuers under TILA ( Truth in Lending Act ). No attempt to
collect , no adverse credit reporting , no closing of the
account while the dispute is un-resolved,no late fees or
penalties, no additional interest, ect. Despite such, MBNA
after not three weeks after receiving my dispute via
certifed mail, had sent my account file to W & A for
collections and subsequent Arbitration. All Credit Issuers
are compelled to oblige these laws if they are an N.A.
( national affiliate ), such as MBNA is.

MBNA did not even address the dispute( again , in writing,
certified mail, with a follow-up 60 days later to them )
with any attempt to perform any Administrative Remedy
for the dispute. Furthemore,

I am appalled that the credit issuers can somehow stick
consumers with shady agreements , such as agreeing to
arbitration ( as I had never done so , and they stupidly
admitted in the hearing ) , but yet , the issuers , such as
MBNA, do not follow federal laws !! They seem not to give
any heed to the TILA, FDCPA and the like. Furthermore, they
do not even follow their own Billing Rights Summary on the
obverse side of the Monthly Statements.

I am presently seeking an injunctive relief from the
Supreme Court here in NY to throw out the Arbitration Award,
as that I never agreed and violently opposed Arbitration.
Being forced to submit to Arbitration expropriates a
consumer of the proper due process of the benefit of the
courts and the laws, and a jury ; furthermore, that of
appeal.

In most states, an arbitration forum ( who are nothing
more that a private tribunal of muscle to compel payments )
are supposed to procure permission form a court in the
district of the defendant ; however, they do not and that
should be a viable defense.

In conclusion , I would encourage all reading this to do
the following , if you are an attorney, consumer or advocate:

1. Oppose any dealings with any private arbitration . Rely
only upon the court or its appointed arbitration panels.
I will not even have a cell phone because of the arbitration
forum clause in the case of a dispute ; ergo , boycott
anything to do with the NAF or the like, or any business
that uses them !

2. Start a group for the sake of communication and
education of such , and seek out a law firm to explore the
possiblity of filing a class-action against MBNA, NAF and
W & A. I am quite serious - I would certainly be willing to
be one of the vangaurd for this.

3. Boycott MBNA and Bank of America ( MBNA credit services
were bought by Bank of America last year ) in other business
matters. Punish them.

4. Submit complaints to the FTC : even though they really
will not take action in consumer battles, they are a
respository for consumer complaints , and if they get enough
of them via some percentage formula, they might take action.

5. Submit Complaints to the Attorney General's Office in
your state; however, be mindful that those offices have been
pushed aside via higher powers.

It appears that we consumers are now "open season" for the
Banking Brigands.

I would welcome any responses or inquiries . Thank You
for your time to read this.

On 9/06/06, Kay wrote:
> About 5 months ago, Wolpoff & Abramson sent a collection
> notice to my mother regarding a debt owe to MBNA.
> Immediately, we knew that the debt does not belong to my
> mother becasue she does not speak, read, or write English.
> She could not have applied for any credit card. We quickly
> contacted Wolpoff & Abramson to send us documentation
> proofs to verified the debt. All they sent us was a bunch
> of statements. When we ask for a copy of the application,
> checks or payment inforamtion, we were ignored. Soon
> afterward, we receievd a letter from the National
> Arbitration Forum asking my mother to provide a respond to
> a claim filed by Wolpoff & Abramson. Within a few days, we
> filed a respond to the National Arbitration. We told NA
> that my mother is a victim of identity theft and that we
> already filed a report with the local police. We even
> enclosed a copy of the report for their review. NA simply
> ignored the whole situation, violated the law, and granted
> an AWARD to Wolpoff & Abramson.
>
> What should we do next?