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Debt Collection Harassment--What Recourse Do I Have?

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Junior Member
What is the name of your state? Texas

My husband and I have a $30K debt with MBNA on two credit cards (from a failed business venture, our overall debt is $44K). We are technically 8 months behind on payment, but we've been paying them every single month for the past year and a half in the amount of $500-$600 (depending on the month). This arrangement was made between MBNA and us so that when my husband received his doctorate and got a raise we might be able to catch up a bit. The $500-$600 we pay every month does nothing to go toward our balance; it essentially is to stave off a charge-off on both accounts. The majority of the payment goes in their pocket.

We have never failed in making a payment under these arrangements. They call us each month and we set up automatic withdrawal for the 30th or the 31st (last day of the month). However, this month, we have had some issues with our finances and have to wait until the 2nd of February to take out our payment. This is unacceptable to them. We will not be ready to catch up on the 8 months we are behind for another year at least.

For the past two weeks, I have endured telephone calls that will not end. The "account manager" (nice word for "collection schmuck") seems to change every few months and we have to "get to know" another one. They have all of our history, but they have to give us the same scripted schpiel the last one did. Everyone we have worked with aside from one or two has been gracious enough to see that we pay every month and they leave us alone until the 28th or the 29th, when they call to set up payment. This guy started at least two weeks ago. This latest one has used tactics such as:

Calling several times in a row, never leaving a message. Just a few days ago, he called SIX times in a matter of two minutes. He left a message on the 5th one, then decided that wasn't good enough and called again.

He uses several different phone numbers as his origination number, and also uses a calling card.

He calls my husband at work when MBNA has been given STRICT instruction never, ever to call him at work.

He will leave a message in the morning, then another at night.

I have talked to this man directly and told him not to call several times during the day and that we would set up our payment on the proper date and not a moment sooner. He wanted to know if he could talk to my husband--I said "If you have our file in front of you, then you know very well he is at work, and you also know that he cannot accept calls at work." The next day he called our home, did not leave a message, and proceeded to call my husband's work.

We are considering working with CCCS to handle this debt rather than MBNA anymore. This is nasty. I know what our rights are according to the FDCPA but honestly, what good is that when they know you can't afford an attorney? They have us over a barrel and at this point all I want to do is tell them to kiss off. I have already filed many complaints with both the Texas Attorney General's office as well as the Federal Trade Commission. I feel it is only in vain.

None of this is worth it--our credit is ruined anyway because we are technically "past due" on both cards, regardless of what we have paid consistently for the past year or so. We are treated like criminal scum, which perhaps in their eyes we are.

I am so frustrated. Please help! Thank you.


Senior Member
Understand that this is the original creditor and they are not bound by the fair debt act. They can call or do whatever they want within the limits of the law, and that law doesn't apply to them. They have the right to try and collect their money despite your have been making minimum payments for 8 months. They may figure that is long enough and try to sue for a judgment. Working with CCCR or any other counseling agency isn't always the best step. The creditor is under no obligation to take their terms either. They can still proceed with suits against you. Please check very carefully before getting yourself into more debt as that happens the majority of the time with this.

Fat Tony

File Bankruptcy. Going through CCCS will look just as bad on your credit as a bankruptcy. If your credit is already shot, you might as well just do it now, so you can work on rebuilding it. We are a society of second chances, it wont permanently affect you at all.

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