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-   -   Debt settlement (https://www.askmehelpdesk.com/showthread.php?t=45162)

  • Nov 27, 2006, 01:38 PM
    melhudd
    Debt settlement
    Hello, a little background for you. Joined debt settlement group. Mbna is not wanting to talk to them. Mbna or collection agency for Mbna is threating a lawsuit if I don't pay in full. They called my mother-in-law and gave her information about the situation trying to get in touch with me. This is very upsetting to everyone involved. My question is if they file lawsuit what can they go after. My name is not on house, checking account etc. can they go after my soon to be ex for the payment? Also does Mbna not usually settle account with debt settlement company? I owe Mbna 5033.00. The person from collection agency said I needed to pay him 4800.00 to clear this up and avoid lawsuit. I am currently unemployed student. I always made my payments on time. But because of the inpending situation can no longer do that. Please advise as what to do. Also do you think the other two cards will use the same approach?

    Thanks,
    Melissa
  • Nov 27, 2006, 01:43 PM
    mr.yet
    805. Communication in connection with debt collection [15 USC 1692c]
    (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
    (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8:00am and before 9:00pm, local time at the consumer's location;
    (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
    (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
    Comment If you have told a debt collector on the phone that they cannot call you at work any more, THEY HAVE TO STOP! If they continue to call you at work after you have requested they stop, it is illegal and a violation of the FDCPA and the debt collector can be sued in court.
    (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
    Comment: The debt collector cannot contact anyone other than you regarding your debt, EXCEPT the CRA's, your attorney or their attorney.
    (c)

    CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
    (1) to advise the consumer that the debt collector's further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
    If such notice from the consumer is made by mail, notification shall be complete upon receipt.
    (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
  • Nov 27, 2006, 01:48 PM
    melhudd
    So are you saying the debt collection broke a rule telling my mother-in-law about the account?
  • Nov 27, 2006, 01:50 PM
    mr.yet
    Yes, file complaint with the FTC, and contact an attorney to see if you can counter ---sue them.
  • Nov 27, 2006, 01:52 PM
    mr.yet
    Link to FTC on Debt Collectors;

    http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm
  • Nov 27, 2006, 01:55 PM
    melhudd
    Would that really do any good? I mean I know I owe them. I just want them to settle so I can pay back monthly.
  • Nov 27, 2006, 02:01 PM
    mr.yet
    Send you offer in a letter to them, always in writing never on the phone, state the payment aarrangement that you can do, see if they, will accept that.

    But in writing only, never trust what they tell you on the phone, they do lie!!
  • Nov 27, 2006, 02:04 PM
    melhudd
    Thank you,
    Is my debt settlement suppose to do that. Isn't that why I am paying them. Do you know if they usually do go to court over these type of debts?
  • Nov 27, 2006, 02:10 PM
    mr.yet
    Yes they will, if they think you have anything they can attach, bank account, wages, etc.
  • Nov 27, 2006, 03:11 PM
    melhudd
    Thank you for your time. I think I am going to file a complaint about what they told my mother-in-law. I appreciate your time. Anymore info will be appreciated too.

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