MBNA Can this be legal

Discussion in 'Credit Talk' started by Lieutenant, May 10, 2002.

  1. Lieutenant

    Lieutenant Well-Known Member

    Short briefing on situation. Husband was court ordered to file bk when he divorced his ex-wife. On Jan 14 2000 he retained an attorney to file bk. He called MBNA on Jan 14,2000 and notified them of his attorneys name, phone number etc... and told them he had filed bk. In Feb 16, 2000 MBNA sold his account to a collection agency. On his credit report it shows as an account that was sold. He wants it to show Bk rather then account sold. MBNA refuses to report bk and said they was never told of the Bk. They were told so!! Did they just cheat a collection agency? $867.00 was the balance on the account they sold it for $1055.00 sounds illegal to me.


    Tu 640
    EQ 581
    Ex 595
     
  2. breeze

    breeze Well-Known Member

    Are they listed on the bk? If so, send them a copy showing the listing and tell them to take the account back and change the notation on your report, or you will notify the court. Big big fines involved.

    There are collection agencies who buy bk accounts. This may be one of them.
     
  3. Lieutenant

    Lieutenant Well-Known Member

    Yes it is listed as a Bk on the court records. How ever they assigned a new account number and said the one on the court documents never existed. That was the account number on the billing statement. Why would a collection agency buy a bk account? Could you please tell me I dont understand that.
     
  4. breeze

    breeze Well-Known Member

    I don't understand what happened with the 2 different account numbers. Did you put the wrong number on the bk docs? or Did MBNA change the number?

    As far as why they purchase bk'd accounts - to try to collect them and make a profit!!! I think they are pulling some behind-the-scenes tricks with the accounts. Someone else posted on another board about how they had a CC account. Right about the time they declared bk, that account was listed as "transferred" and another account with a different number was opened, and the balance was placed in the new account, which had a different number. The person filing bk, of course, filed with the account number they knew about - not the new account number. Then the new account balance was charged off and sold to a collection agency. So it sounds like they might think they have figured out a way around the bankruptcy laws.

    http://shermfin.com
     
  5. Lieutenant

    Lieutenant Well-Known Member

    MBNA confirmed that they did assign the account a different account number for book keeping purposes. They still sold the account after they knew it was in bk. What should I do?
     
  6. donna8284

    donna8284 Well-Known Member

    It may be wise to contact the attorney who handled the BK and advice them of what is going on and what MBNA is attempting to do.
     
  7. donna8284

    donna8284 Well-Known Member

    what is the filing date of the bk?
     
  8. Lieutenant

    Lieutenant Well-Known Member

    The filing date was Feb 16,2000 and MBNA sold the account on Feb 16, 2000. The attorney is for $hit he has lost our original record. I have a copy of the file but he had the actual bill from MBNa with the account number on it. My husbands ex wife has all their bills but because this account was in his name only she says she is not going to look for it. HELP
     
  9. breeze

    breeze Well-Known Member

    Do you have anything with original account information on it. This really sounds like "sleight of hand" with the accounts in order to circumvent the bk.

    Try to find something - an old statement, the card, old credit report, anything to document what is going on.

    And you can take the ex to small claims court to make her cough up the records, I do believe, if you want to go to the trouble.
     
  10. Lieutenant

    Lieutenant Well-Known Member

    It was for a Gateway computer (THAT THE EX-WIFE KEPT) Do you think that gateway would have any information since they got paid through MBNA. We have no records when my husband left his ex-wife he took nothing but clothes. I might try to sweet talk the ex-wife because they do have joint accounts on their credit reports that are reported wrong. I could tell her how I have fixed the Judgements on his report in exchange for the bills. I will do anything legal to fix this inaccurate information.
     

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