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Northland Group/ Equable Ascent Financial & MBNA MBNA Cards old, out of statue & Arbitration Clauses

#1 User is offline   Bud Hibbs 

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Posted 01 June 2010 - 02:15 PM

If Northland Group, Inc., of Edina, MN, collecting for bottom feeder Equable Ascent Financial, LLC, has contacted you on some very old MBNA accounts, this may interest you.

From information sent to us, it appears that Equable Ascent Financial (EAF) purchased an old MBNA portfolio of accounts. What seems to be a large portion of these accounts are ten years old, some more, some less. That means the majority of them may be past your state statute for taking legal actions and the seven-year federal statute for credit bureau reporting.

In other words, these accounts appear to be nothing more than junk debts, purchased by a bottom-feeder who is attempting to make money from those who may have had previous accounts.

To make a bad situation worse for the collectors, it is widely held that the majority of the MBNA and FIA accounts were once governed by an arbitration agreement, which can no longer be enforced.

EAF, formerly known as Hilco Receivables, failed miserably at not being able to connect the dots on proving up the junk debts they purchased and attempted to collect.

Do not allow EAF or Northland Group, Inc. to take advantage of you on these old, (mostly) worthless junk debts.

If you need assistance, please contact us for advice and referral to local consumer law professionals who can offer you competent and professional assistance.
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#2 User is offline   that guy 

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Posted 03 June 2010 - 12:47 PM

Quote

To make a bad situation worse for the collectors, it is widely held that the majority of the MBNA and FIA accounts were once governed by an arbitration agreement, which can no longer be enforced.


In 2010, debt collectors are suing consumers to enforce prior National Arbitration Forum awards on purchased MBNA/FIA accounts. Judgments are being granted in spite of overwhelming data and evidence of collusion and fraud on the part of the NFA, credit card companies and debt collectors, as suggested and indicated by the following:

  • The 2005 City of San Francisco action against the National Arbitration Forum and others.
  • The July 2009 action by the State of Minnesota against the National Arbitration Forum.
  • The Domestic Policy Subcommittee Majority Staff Oversight and Government Reform Committee, House of Representatives Staff Report, 21 July 2009, “Arbitration Abuse: an Examination of Claims Files of the National Arbitration Forum”
  • National Arbitration Forum Trade Practices Litigation, United State District Court, District of Minnesota, Case Number: 09-cv-01939-PAM-JSM
  • Ross, et al. v. Bank of America, N.A., (USA), No. 05-cv-7116 (S.D.N.Y.) in the United States District Court, Southern District of New York
  • Portfolio Recovery Associates vs. Barkwell, U.S. District Court, Georgia Middle District (Columbus), Case Number: 4:09−cv−00113−CDL


Some litigation over NAF awards is occurring as a result of purchased Mann Bracken accounts.

Why hasn't one state Attorney General, one judge, the Department of Justice, etc., issued or filed to stay ongoing litigation to collect upon NAF awards?
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#3 User is offline   cyndi 

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Posted 27 November 2011 - 06:13 PM

I am new here and have a question I was served yesterday with court papers it has no court date on it and says I need to reply in writting? what can happen to me and who is this company 'equable ascent financial, llc' I do not know who they are nor who I owe the money too. I have tried to call the phone number on the papers but it just rings. Is this a legal summons? I am confused and never been thru this before. Can anyone help me?
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#4 User is offline   Cada 

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Posted 28 November 2011 - 01:47 AM

View Postcyndi, on 27 November 2011 - 06:13 PM, said:

I am new here and have a question I was served yesterday with court papers it has no court date on it and says I need to reply in writting? what can happen to me and who is this company 'equable ascent financial, llc' I do not know who they are nor who I owe the money too. I have tried to call the phone number on the papers but it just rings. Is this a legal summons? I am confused and never been thru this before. Can anyone help me?


Call or go to the court house to find out if anything's been filed then contact a lawyer to review the summons, discuss your details and ask what needs to be answered by what date.
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#5 User is offline   Nomad 

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Posted 01 February 2012 - 08:22 PM

I have been sued by Equable Ascent Financial on a Chase account that I had. I am in Texas. Do I need to hire a lawyer? This is all new to me. I had paid at least the minimum on this account on time every time and they decided to raise my interest rate and lower my credit limit out of the blue about 4 years ago. At that point, out of anger I dropped the account and stopped paying. Can they garnish my bank account to collect?
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#6 User is offline   Cada 

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Posted 02 February 2012 - 12:25 AM

View PostNomad, on 01 February 2012 - 08:22 PM, said:

I have been sued by Equable Ascent Financial on a Chase account that I had. I am in Texas. Do I need to hire a lawyer? This is all new to me. I had paid at least the minimum on this account on time every time and they decided to raise my interest rate and lower my credit limit out of the blue about 4 years ago. At that point, out of anger I dropped the account and stopped paying. Can they garnish my bank account to collect?

I copied the following from bills.com under Texas collection laws (http://www.bills.com...ollection-laws/): In Texas, a levy or attachment is allowed under Title 3, Subtitle A, Chapter 59. Levy is allowed if the plaintiff possesses a legal instrument such as a notice of levy commanding the financial institution for a claim against the account. If the information on the site is correct, then the answer is yes if the funds aren't exempt under state and federal laws.

Has there been a hearing and was a judgment already issued against you?

I'm of the opinion it's always best to hire a professional if unfamiliar with the applicable laws. If you can't find an atty in your area, please contact Bud Hibbs at assistance@budhibbs.com. Mr Hibbs is a well known consumer advocate located in Texas who may be able to offer advice as well as refer you to an atty in your area.
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#7 User is offline   Massive 

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Posted 03 February 2012 - 01:57 PM

View PostNomad, on 01 February 2012 - 08:22 PM, said:

I have been sued by Equable Ascent Financial on a Chase account that I had. I am in Texas. Do I need to hire a lawyer? This is all new to me. I had paid at least the minimum on this account on time every time and they decided to raise my interest rate and lower my credit limit out of the blue about 4 years ago. At that point, out of anger I dropped the account and stopped paying. Can they garnish my bank account to collect?


I don't know your situation, but you are in the perfect state (Texas) to utilize the services of Bud Hibbs.
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#8 User is offline   Massive 

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Posted 03 February 2012 - 02:09 PM

View PostBud Hibbs, on 01 June 2010 - 02:15 PM, said:

If Northland Group, Inc., of Edina, MN, collecting for bottom feeder Equable Ascent Financial, LLC, has contacted you on some very old MBNA accounts, this may interest you.

From information sent to us, it appears that Equable Ascent Financial (EAF) purchased an old MBNA portfolio of accounts. What seems to be a large portion of these accounts are ten years old, some more, some less. That means the majority of them may be past your state statute for taking legal actions and the seven-year federal statute for credit bureau reporting.

In other words, these accounts appear to be nothing more than junk debts, purchased by a bottom-feeder who is attempting to make money from those who may have had previous accounts.

To make a bad situation worse for the collectors, it is widely held that the majority of the MBNA and FIA accounts were once governed by an arbitration agreement, which can no longer be enforced.

EAF, formerly known as Hilco Receivables, failed miserably at not being able to connect the dots on proving up the junk debts they purchased and attempted to collect.

Do not allow EAF or Northland Group, Inc. to take advantage of you on these old, (mostly) worthless junk debts.

If you need assistance, please contact us for advice and referral to local consumer law professionals who can offer you competent and professional assistance.


$3.8 Billion Mann Bracken (Formerly Wolpoff & Abramson) National Arbitration Forum Awards & Judgments were made uncollectible this past summer pursuant to a nationwide Class Action Lawsuit out of Minnesota. I sincerely hope no consumer who had a National Arbitration Forum Award entered against them between October 2001-July 2009 initiated by Wolpoff & Abramson/Mann Bracken is paying on them. In reference: National Arbitration Forum Trade Practices Litigation, MDL No. 10-2122.
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#9 User is offline   sonnyr77819 

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Posted 09 February 2012 - 07:33 AM

Sent a DV letter to Northlands on 1-2-12 and recived green card- return receipt on 1-5-12 and 33 days later received nothing from Northlands.

A couple weeks ago i received another letter from Northlands for another debt so i did the DV thing again.
The green card was signed and dated 1-30-12 so come 3-1-12 if they do not produce anything then they are S.O.L. but i'm sure they will disregard the FDCPA laws and still try to persue it.
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