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    sweetblue2's Avatar
    sweetblue2 Posts: 1, Reputation: 1
    New Member

    Nov 14, 2006, 11:24 PM
    I settled my Debt--they cashed check but now Bank suing me!
    If anyone could help me--or point me in the right direction it would be a great relief.

    Basically, I had a credit card with Chase bank--it went delinquent.
    They turned it over to a company called Mann Bracken (they're in Atlanta, GA).

    Mann Bracken filed with the National Arbitration Forum.

    Mann Bracken sent me a letter stating I could settle for up to 75% of the balance owed.
    I called them, spoke with a rep--they told me I could still settle...
    The rep also stated they would send me a letter to show the credit bureau that I settled and they would send it to the National Arbitration Forum as well.
    I express mailed (via USPS) a check to them, they received it.
    On both the front and back of the check I wrote that once the check was cashed that my acct# would be settled.

    On 10-18-06 they cashed the check.
    Today on 11-14-06 I get a letter in the mail from the National Arbitration Forum stating that the claimant (Chase Bank/Mann Bracken) would be awarded--that they can sue me for the full amount.

    Can they legally do this since they cashed a check which had "settled" written on it?

    The worst part is that Chase is my employer--I got into debt before they hired me, and well, they don't even pay me enough that I can pay off all my credit card/student loan debt in full, but that's another long aggravating story...

    I don't have the money to get a lawyer because I'm currently making settlement payments on another credit card.. I've already filed a complaint with the BBB and FTC, but they are not responding back to me. I really need to know what to do!:eek:
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Nov 15, 2006, 06:39 AM
    Do you have a written agreement from them before you paid?

    What was the rep name?

    Debt Collector are scum, if not in writing than no agreement, if in writing, file complaint with your state attorney, and Federal Trade commission.

    Send copy of agreement National Arbitration Forum showing settle by agreement.

    Never, ever deal over the phone always in writing only.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Nov 15, 2006, 07:04 AM
    Quote Originally Posted by sweetblue2
    Mann Bracken sent me a letter stating I could settle for up to 75% of the balance owed.
    Send the National Arbitration Forum copies of that letter and your cancelled check. Send a copy to Mann Bracken.

    Tell them you have an written offer (the letter) and proof of acceptance (the check). Therefore, as far as you or any court would be concerned, the debt is settled.

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