mbna arbitration

[erhardt50]

new york. Mbna is taking me to court to have an arbitration award made into a judgement. I would like to motion the court to have it vacated as I allready have an arbitration award from an unbiased arbitrator. I asked NAF three times to removed themselves because they are not unbiased. Also I have asked mbna three times for an accounting verification of the account, and they have refused three times. Can someone tell me what forms to use and where to get them.

 

[JETX]

new york. Mbna is taking me to court to have an arbitration award made into a judgement. I would like to motion the court to have it vacated as I allready have an arbitration award from an unbiased arbitrator. I asked NAF three times to removed themselves because they are not unbiased. Also I have asked mbna three times for an accounting verification of the account, and they have refused three times. Can someone tell me what forms to use and where to get them.

How did you manage to get TWO arbitrations??
Was 'yours' approved and accepted by MNBA??
Does 'your' arbitration comply with your MNBA agreement??

 

[seniorjudge]

How did you manage to get TWO arbitrations??

Yeah, I'd like to know the answer to that one!

 

[erhardt50]

The first arbitration I got myself from an unbiased independent arbitrator. Mbna was notified three times by the arbitrator. What responce he got, I don't know. After they recieved the notice of the award they went to NAF for arbitration.. I stated to them that was not exceptable because NAF is biased, but that didn't seem to matter to them. Another problem is that thier file number has not changed over the past six months, but the account number changed. I'ts not mine.

 

[JETX]

The first arbitration I got myself from an unbiased independent arbitrator.

Since that is NOT in accordance with your arbitration agreement, that one doesn't count.

Mbna was notified three times by the arbitrator. What responce he got, I don't know.

Doesn't matter anyway. Your 'unilateral decision' of an arbitrator not in accordance with your agreement has no value.

After they recieved the notice of the award they went to NAF for arbitration.. I stated to them that was not exceptable because NAF is biased, but that didn't seem to matter to them.

Yep. You need to read the agreement you signed to see the arbitration terms.

Another problem is that thier file number has not changed over the past six months, but the account number changed. I'ts not mine.

Who's 'their'?? And how is this account number 'change' relevant?? If it is your name, your information and the amount is correct, the account number is not relevant.... or binding.

 

[seniorjudge]

Since that is NOT in accordance with your arbitration agreement, that one doesn't count.


Doesn't matter anyway. Your 'unilateral decision' of an arbitrator not in accordance with your agreement has no value.


Yep. You need to read the agreement you signed to see the arbitration terms.



Who's 'their'?? And how is this account number 'change' relevant?? If it is your name, your information and the amount is correct, the account number is not relevant.... or binding.

Now I am wondering where this first arbitrator came from (even though it is a moot question)?

Writer, for my own personal curiosity, please answer this totally irrelevant question of mine.

 

[shizukana]

How is it that there are two arbitration awards? There should only be one.

Check your state's statutes / legislation, looking specifically for how the courts handle arbitration cases brought to them. This can be done on the web probably.

 

[JETX]

How is it that there are two arbitration awards? There should only be one.

Damn echo!! I thought I turned that off!!

Check your state's statutes / legislation, looking specifically for how the courts handle arbitration cases brought to them. This can be done on the web probably.

Wrong. Arbitration cases are 'handled' as noted in the arbitration agreement..... and not subject to statute.

 

[shizukana]

State laws regarding arbitration may be relevant, whether it be the state where the vendor is located, the location of the consumer, or another state that may be mentioned in the agreement.

What state's laws have been identified to prevail in this situation. That will tell you something about how to appeal an arbitrator's decision. Your state's laws may also say something about that.

 

[JETX]

State laws regarding arbitration may be relevant, whether it be the state where the vendor is located, the location of the consumer, or another state that may be mentioned in the agreement.

What state's laws have been identified to prevail in this situation. That will tell you something about how to appeal an arbitrator's decision. Your state's laws may also say something about that.

What a useless post!! Don't you realize that the problem here is that the OP went out and got an UNAPPROVED arbitration and is trying to rely on it?? The simple fact is that the initial agreement included an arbitration clause (as is more and more common in credit agreements) which stipulated the terms of arbitration. The OP did NOT comply with the terms.

 

[erhardt50]

new york
1999, a dictrict court judge in montana rulled that a mandatory arbitration cannot be enforced. Myers verses mbna

 

[JETX]

new york
1999, a dictrict court judge in montana rulled that a mandatory arbitration cannot be enforced. Myers verses mbna

And the key is.... MONTANA!!
Montana is NOT New York.