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Mann Bracken threatens to take my dog!

Date: Tue, 10/06/2009 - 19:20

Submitted by anc526
on Tue, 10/06/2009 - 19:20

Posts: 192 Credits: [Donate]

Total Replies: 10


Mann Bracken currently has a student loan of mine in collections. Their intent is to sue because I can't come up with the $38,000 settlement or the $10,000 down payment their asking.

When they called this morning I broke down and talked to them. I was sick of them calling 4 or 5 times before 9am. The lady I spoke to was pleasant. Which compared to the first guy I spoke to, was a blessing. When she heard my dog barking in the background she said she loved dogs and asked what kind he was. I told her he's a 4 year old bulldog.

She asked if he was a mix or not and I told her no, he is a purebred we got as a puppy. I didn't even really think about her question as odd at the time. I told her that I couldn't come up with what they were asking, but that I was doing my best to come up with something. She seemed okay with that response and told me to contact her when I could do something.

Later that day, Mr. Payne (the first guy I spoke with), called me back and told me that if I don't come up with either a $10,000 down payment or $38,000 for settlement by 10/30, that they will sue me.

He said that when they get their judgment that they will take my house, my car, my computers, my wedding and engagement rings, all my furniture and leave me with nothing but the pictures on the wall and food in the fridge.

When he could tell I was getting upset and starting to cry (I'm pregnant, couldn't help the response), he laughed and said that then he'd make sure that they took my purebred bulldog too. He told me that they could sell him for money to put towards my judgment and there isn't a thing I can do about it.

He said that if I hid the dog that they'd call the humane society and report me for abusing my dog!

I ended up hanging up on him and crying for an hour. I wish I lived in a 2 party recording state, but in PA I need consent to record.

Is there ANYTHING I can do at this point against Mr. Payne and Mann Bracken, or is it basically my word against his and I'm just Sh*t Out Of Luck?


Anc, please don't worry. We have members in this board who are experts in student loans. They would soon be around to help you out. Meanwhile, you can read some of the discussions on the board about this collector. It'd give you an idea about the people you are dealing with. Check with the following thread.

http://www.debtconsolidationcare.com/collection-agencies/mann-bracken.html


lrhall41

Submitted by SC on Tue, 10/06/2009 - 20:27

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Whoa! That is over the top. Spend $50 and talk to an attorney, he/she will tell you what rights you have and I'm sure Mr. Payne will change his attitude. I would file harrassment charges, you don't need to tolerate people like that, and there are federal laws to protect you from people and collection agencies that allow thier employees to conduct themselves in that manner. I really suggest a simple conversation with an attorney, would ease your worry.


lrhall41

Submitted by on Tue, 10/06/2009 - 21:40

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I recommend you contact the following consumer rights attorney in PA for a potential FDCPA action against Mann Bracken with no out of pocket attorneys fees to you. link removed, no soliciting allowed on forums please--skydivr

I highly doubt MB can validate this debt anyway given the scare tactics they are employing against you.


lrhall41

Submitted by on Wed, 10/07/2009 - 09:27

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Don't sweat what he said. They cannot take anything from you. They can put a lein on your house AFTER receiving a court judgement. If it is a Federally guaranteed loan they can take your tax refunds.

They cannot take personal property unless it exceeds certain limits if you have a $100,000 car they can make you sell it and replace it with one less expensive and the remainder would go to the debt.

If you had 3 cars they can make you sell 1.

In regards to the two party rule on recording, when they call you tell them that you will be recording this call and every call that you receive from them. If they say they don't agree to be recorded then you tell them that they need to hang up and stop calling because you will not talk to them without a recording and that if they remain on the line, or keep calling, then they are consenting to the recording.

More than likely they will hang up or play nice.

It is an absolute that you actually record the calls. You can pickup a simple little recording device at Radio Shack or a store like it. Some answering machines have the recording ability built in or put it on speaker and use any old tape recorder.


lrhall41

Submitted by on Wed, 10/07/2009 - 19:39

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keep this in mind too--

there have been cases, I believe, where you CAN record them, IF they make any statement that this call may be recorded on THEIR end. I would check with nascardevil, I think he might know something about this. if they state that the call may be recorded, I think there's something about them not being able to later claim they didnt consent to the call being recorded, because they clearly say that the call could be recorded. They cannot refuse consent for you to record a call when they just told you that the call might be recorded as far as I recall. That's a kind of tacit approval if I am not mistaken.

anc--you need to verify this ASAP, then if this is true, record the call. When you record the call, be sure to put on the scared routine--play dumb in other words. do NOT tell them that you know they are full of crap--let them think they are scaring the wits out of you with these illegal threats. Ask them about the things they said, like "are you guys really gonna take my house, my cars, even my dog?" Do NOT bring up the laws, or what they arent allowed to do or say--give them enough rope to hang themselves. Then, make copies of the tape. You will want to send one to your state's attorney general's office, one to the loan holder, one to the FTC.....if there is an agency in your state that handles licensing for debt collectors, send them one too, it might actually be sufficient for them to get their license revoked or suspended. Many debt collectors are dumb as a rock--if they smell blood in the water when youre fearfully asking them not to take your house, car, and dog, they will usually press those threats even harder. Thats what you want to get on tape.


lrhall41

Submitted by skydivr7673 on Thu, 10/08/2009 - 04:16

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Thanks everyone. I have a decent recorder on my cell phone. The next time they call I'm going to put them on speaker phone and inform them that I'm recording the call. I also have several voicemails on my home phone from a blocked number. Every one the caller says "pay up or everything you own will be mine". Even though it's a blocked number I KNOW that voice. It's Mr. Payne (I can only hope he was making that last name up, because good Lord... Lol). I've called Education Finance Partners to make them aware of the situation. I'm waiting on a call back from an account manager to see if I can set up payment arrangements with them. I told them flat out that I will not be abused by Mann Bracken and that even if they sue, I have nothing for them to take! The account rep I spoke with was very nice and seemed understanding of the situation. She said I should receive a call within the next few days after an account manager reviews my account and what I've told them about Mann Bracken.


lrhall41

Submitted by anc526 on Thu, 10/08/2009 - 07:07

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If Pa. law considers pets as personal property...that is exactly what they are...personal property...not part of the family. Yes, a pet CAN & HAS been considered PROPERTY.

Personally, I'd do a # on someone that'd try to take MY FAMILY MEMBER.

I would just tell them you're going to record each conversation, from here on out...and, find me an attorney.


lrhall41

Submitted by on Thu, 10/08/2009 - 19:50

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