Darkdoj, The house is in my name and my husband's name. The mortgage is in his name only -- we refinanced recently and with my AMEX charegeoff they would not approve me. The house is mortaged to the hilt and MBNA knows that. What little money we have is in a joint account -- if my husband puts it in his account only, does that protect it? Also, can MBNA find our bank accounts? That probably sounds naive, I know. But, that seems to be an invasion of privacy when I haven't given them permission... MBNA will not budge on deletion...should I take the 50%, or just let it chargeoff and deal with the CA? Thanks you for all the support...Susanna
Click on whychat's name just above the post, it will take you to a profile of whychats, and then click on e-mail whychat.
Also, should I just call that VP back and try to negotiate with her -- or, should I send them a letter with a final offer (using the sample letter without admitting that it is my debt to begin with, etc.)?
Regarding Amex. I have a charged off account with them from 2001. The account was deliquent in 1996 or 1997. The SOL in my state is 3 years. The balance I owe is $9000. I have never received a letter demanding payment or a letter from a collection agency saying they were trying to collect the debt. Because I was deliquent in 1996 does that mean that the SOL has expired and they can not sue me? They are still reporting it on my credit report. Should I send them a val. letter or just leave it alone.
Jacko, You made payments in 2001? If you did the 3 year collection clock started again. Don't send any validation letter out you may be sued.
Aigle, I first obtained the debt in 1996 or 1997. I dont have the exact date in front of me. I racked up a balance of $9000 and then I hit financial problems and was not able to afford a payment on this account. There has never been a payment made on this account. And I am not aware of any judgements against me for this account. Like I mentioned earlier, I have never heard from Amex regarding this account.
Make absolutely certain it is time-barred and then do whatever it takes to get it off your reports. It sounds like you are free and clear. My experience with AmEx was the same as yours, they didn't do ANYTHING to collect on my defaulted cards. I think they just write things off and that's it, maybe someone else has had a different experience.
What do you mean by being time-barred? And does it start from when it was written off or when it became deliquent? Since I have never made a payment on this account, I would think that it is from when it became deliquent.
Time-barred is the legal way to say the debt is beyond the statute of limitations and you no longer have an absolute obligation to pay. We are talking about 10,000 bucks here so you better ask a local lawyer about the dates AND what the period is for you before you go stirring things up! I believe the date to use in figuring the SOL is when it became deliquent, and you made no more payments. And you probably shouldn't have 'acknowledged' the debt either.
I just received a phone call from MBNA -- their best offer is 50% and no deletion. Should I just let this charge off and negotiate a better deal with the CA?
