unfair collection practice
Date: Fri, 03/16/2007 - 14:05
This sucks! Hire an attorney and prepare a case against MBNA and
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.
Did she go to court to defend herself when she was sued?? If sh
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.
What did your wife do in the 12th month? Did she try to make a
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.
