I owe MBNA money along with others. I've been out of work for almost a year. I am returning to work next Tuesday. I've taken a job I hate, but it pays well and I figured within about 6 months, I could have everything cleared up and payed off - or very close to it. I received a call from some legal firm a few minutes ago demanding payment immediately or they are going to sue me. I can start making regular payments at the middle to end of this month, however, I can't right now. Impossible. I don't even know how I'm going to buy gas and groceries between now and the first paycheck. Literally. I don't own anything except my car and some furniture. They man was exceedingly rude, demanding I ask friends/family for loans. I have no family, and no friends that I can borrow money from. He would not let me say anything on the phone - including trying to say that I could start making payments with my first paycheck. I asked him if he was going to let me say anything and he said no...can you get this cleared up today. When I said no, he said get an attorney, have a nice day, and hung up. I'm terrified, quite frankly and don't know what to do. Can someone offer some advice, please?
Have you ever received anything in the mail concerning this debt? Did the person on the phone warn you that they were attempting to collect a debt, etc...and read you the so -called "mini-miranda" You need to document this phone call - write down the date/time/person's name/and summary of what was said by you and him, to use for ammunition to fight this If they call again get the name and address of the CA. Tell them that you only conduct business through the mail, and not to call you any more. Send them by certified mail, a request for validation, and a limited cease and desist demand stating that they are to contact you by mail only. That is the reaction the caller wanted you to have. Don't be upset, folks here will help you handle this. Don't ever acknowledge the debt by stating "you will pay when you get your paycheck", or "you would like to set up a payment plan", until they have provided proper validation of this debt How old is this debt? Is it still within the SOL for your state? There are a lot of questions to ask here. Don't be intimidated by the low life CA. The way they treated you is the way they treat everyone. People here don't give in to them, they fight back - and win!
Re: Re: Help Thank you for your response. I don't know what the SOL is in my State, but I assume I am within it since it has only been a year. Unfortunately, I did not get the man's name. Actually, one man started talking to me and was a bit more "gentle" sounding, but started asking me how I was paying my phone bill, where did I get the money to make a very large payment I made a year ago...those sorts of things. He also asked me if I could borrow the money from a friend and I was trying to tell him no, I could not. He said if I didn't pay it, they were going to sue me. My reply was that they might as well put me in jail because there is no way I can pay it right now, but I am going to work, etc. About that time, the other man interrupted, saying he had been monitoring the call and I was rude, he wasn't going to let me talk to his associate like that (and honestly, I wasn't rude. I was defeated)...and then he started yelling at me, demanding the money. I tried to say something, but he just got louder. That's when I asked if he was going to let me say anything and he said no. And he didn't. I did call CCCS and I have an appointment with them next week. That was the only thing I knew to do. All of these debts are mine, but for some reasons that are quite personal and I don't want to explain, I have ignored them. Now that I'm able to go back to work and start making large payments, I guess it's too late. And yes. I did receive something in the mail a while back, but I ignored that, too. The person on the phone did say he was calling me about the debt, but he didn't read me any sort of "mini-miranda." I don't even know what that is. Honestly, I am horrified that I have allowed myself to get in this position. I'm not young by any stretch, and until about 18 months ago, handled things well. This past 18 months has been a horrible and is now turning into a nightmare. Thank you again, very much.
Re: Re: Help Calm down, don't let them get to you What you need to do is get their address and send them the validation letter. The CA's threaten a lot of things, and pressure you to get the money to them Your task is to put as many stumbling blocks in front of them, to make it more and more difficult and expensive to collect from you. In the process you hope they will screw up and violate the FDCPA therefore allowing you to sue them for damages at $1000 per incident They may end up sueing you, but they may not. Sometimes if you can prove damages against them, they will put their tail between their legs and go away
Re: Re: Help And DON'T TALK TO THEM ON THE PHONE TELL THEM TO PUT ANYTHING THEY HAVE TO SAY IN WRITING TO YOU, SINCE YOU DO NOT CONDUCT BUSINESS OVER THE TELEPHONE
