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Posted: Fri Mar 16, 2007 2:05 pm Subject: unfair collection practice

My wife had an account with MBNA that went unpaid and was sent to collections. After a few years of dodging calls, she was able to make arrangements to pay. She allowed MBNA to take money out of her checking account monthly for one year, and the debt would be settled. After 11 months of money being taken out, MBNA did not take out for the 12th month. Then, they claimed that by not paying the 12th installment, she broke the agreement. Since then, she has been sued, and now there is an attempt to garnish her wages. Do we have a leg to stand on here, or is MBNA just as rotten as they seem? In addition, she has wrote them many times and gave them all the paperwork she had, including the statements with the automatic withdraws. The claim that they will review the information, but got back to us with an “oops your problem, not ours”

Posted: Fri Mar 16, 2007 2:12 pm Subject:

This sucks! Hire an attorney and prepare a case against MBNA and sue them. Does your wife have proof that she was paying since the last 11 months? And a cancelled check of the 12th month? This should be enough for your defense. Do you have the contract with MBNA? See if there is any term saying that if a payment is not received in a month, the whole contract gets cancelled. This is ridiculous.

Posted: Fri Mar 16, 2007 2:26 pm Subject:

Did she go to court to defend herself when she was sued?? If she was properly served and did not answer the court or appear to defend herself, there might not be much you can do.

Posted: Fri Mar 16, 2007 2:56 pm Subject:

What did your wife do in the 12th month? Did she try to make a payment manually?

If it went to court, I think MBNA's defense would be that the payment was not made, and it was your wife's, not MNBA's responsibility to take the payment.

When I was collecting, we'd set up automatic check payments. In the event something happened and a payment did not go through, it was still the debtor's responsibility to make the payment. They would not get their license back until the debt was paid in full (I collected government debts). The rationale was that it was the debtor's responsibility to monitor their checking account, and our responsiblity was only to take payments and process certain paperwork when conditions were met.

Not saying that MNBA acted in a despicable manner, I'm just giving an alternate point of view.

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unfair collection practice

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