Re: MBNA-Wolpoff & Abramson Arbitration - info and cases

Posted by Why Chat (209.240.198.61) on April 08, 2003 at 19:19:15:

In Reply to: Re: MBNA-Wolpoff & Abramson Arbitration - info and cases posted by Ripped Off on April 08, 2003 at 16:52:12:

I hate to get back into this mess, I first started to deal with it on this forum over a year ago and have tried to avoid the escalating problem.

Basically W & A cannot compel arbitration if you DID NOT sign an agreement with MBNA that requires it. The Federal Arbitration Act does NOT preempt State rules of civil procedure.

http://www.houselaw.net/houselaw/april2001/cs-tab3.shtml

If you DID NOT sign such an agreement, OR continue to USE and CHARGE on the account after notice of the addition of the compulsary arbitration clause, you are NOT bound to accept it.

As to any arbitration agreement being exempt from BK, as far as I know IF they win in arbitration and obtain a judgment, it SHOULD be dischargable in BK. I THINK the only arbitration settlements that MAY not be dischargeable are from Court ordered arbitrations.

If I were you, I would write a validation/dispute/cease and desist letter to W&A, and request a copy of any and all SIGNED contracts, agreements or applications relating to this alleged debt.

P.S. Print or type your name, do not sign it.

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