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Old 04-16-2003, 02:52 AM
Airborne
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Question

Payment Arrangement


What is the name of your state? AZ

I was divorced in AZ in 2000. At that time I had a credit card with MBNA in my sole name, which was assigned to my former wife per the divorce. In 2002, she contacted MBNA to negotiate a 2/3 settlement. MBNA told her that they could not negotiate with her without my approval because the account isn't in her name. MBNA contacted me for my approval I refused to let them deal with her. I wanted the account paid in full. MBNA has now negotiated a payment plan with her without my agreement; when I requested a letter from them outlining the payment plan, they sent me an unsigned note. I then requested a signed letter outlining the payment plan. I received a letter from MBNA letting me know that they would not be furnishing me with any payment plan information. I have a couple of issues: 1) Did MBNA violate the FTC when they negotiated with my former spouse on an account which she was not on? 2) If they violated the FTC, what are my remedies against MBNA? Thanks.
  #2  
Old 04-16-2003, 08:26 AM
kevinss
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What are you trying to do here? Are you attempting to stick her with a debt that's in your name?
Why are they dealing with her and not you?
There's something (or a lot of things) you're leaving out. Could you put the rest of the story down?
  #3  
Old 04-16-2003, 08:47 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
For one thing, AZ is a community property state. You split assets AND liabilities during the marriage. Since the debt was incurred during the marriage, they ARE allowed to deal with her even though her name is not physically on the account - it was a 'community' debt.

I don't see that they violated any laws at all. Community property puts a whole new twist on things.
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