MBNA debt and ACB American

[vgmhilliard]

What is the name of your state? CA

A quick question if you do not mind.

I have recently phoned MBNA (Loans) to update on the status of my debt with them (slightly above USD 12,000) and was transferred to ACB American who apparently have been handling my debt. I was put through by MBNA themselves so I do not think there are any pranks in that department

The gentleman who picked up the phone advised me that only a few days ago he sent all the papers to his "network of lawyers in the country where the debt was originally taken, i.e. to CA" (all bits in bold and parenthesis in this post are that gentleman's words). He also told me that I will be summoned to court by them, as he is in Ohio and the matter is now with that network of lawyers.

I mentioned a change of my address which he did not seem to be too interested in. However, he finally took my new address and telephone number. He mentioned that I should be expecting a letter at my new address as "I have to be physically subpoenad"

Next, he asked me if I can make arrangements to repay the debt. Sounded a bit odd to me as the matter is apparently no longer in his hands. He then proceeded to saying that "unlike bankruptcy a judgement will be on my records for life", "it is essentially a kiss of death" and finally that it will "affect my security clearing". When I asked him to elaborate on the security clearing bit, he said he's got no time and hung up.

My question is - has anyone had any experiences with this ACB American? Are they really a network of lawyers or a debt collector rather using all that intimidating talk? Finally, what's the deal with them affecting my "security clearing" (Ihave no clue what that may mean)?

Any help would be appreciated. Thanks

 

[AttorneyOney]

Make written notes of the conversation while it's fresh in your mind. Also make notes of any other phone calls you receive about this or any other debt. The notes should include the date and time of the call, the calling phone number shown on your caller-id box [if you don't have caller id, get it], the name given by the caller, the company for which the caller works, and a sufficient narrative to allow you testify about the call a few years down the road.

I suggest that you immediately contact an attorney in your area who includes the Fair Debt Collection Practices Act or its CA equivalent. He or she will be able to advise you about possibly recording any live telephone calls you receive and about additional or different steps you should take to preserve your rights.

I suggest this course because some of the threats that have already been made might be actionable. For example, judgments are not on the record "for life", are not the "kiss of death" (whatever that is supposed to mean), and do not necessarily affect a security clearance.

 

[vgmhilliard]

.....judgments .....do not necessarily affect a security clearance.

Dear Sir,

Firstly, many thanks for your post. It is a really good advice!

However, I have to admit, in a way your post made me even more concerned.

What is this mysterious "security clearance" that everyone is referring to? Honestly, I was tending to think that it was sort of made up by the gentleman from ACB American to whom I talked on the phone..... but apparently you are also familiar with this issue.

I have never been employed by any secret services anywhere in the world, nor have I ever been employed in any jobs that would require "clearance" from those secret services. Nor do I intend to be

Anyway what is this? And why would a judgement on a debt (assuming there is one) affect "security clearance"?

Many thanks in advance!

 

[bigun]

Here's a hint. DEBT COLLECTORS WILL LIE.

 

[Ladynred]

Yeah.. no kidding they LIE !! MBNA just shunted you off to a collection agency.

"unlike bankruptcy a judgement will be on my records for life", "it is essentially a kiss of death" and finally that it will "affect my security clearing".

As AttorneyOney has already stated - THAT'S A CROCK !! Judgements do NOT stay on your reports 'for life', NOTHING does. "Kiss of death" ?? Oh please.. what a drama queen this collector is !!

Apparently this person thinks you might be in the military, which is why he menitoned a security clearance. If you're not in the military, then you don't need to worry about some collector's LIES !

Take AttorneyOney's advice, find a lawyer that is versed in the FDCPA and take notes about every single call and what is said to you.

This nonsense about their 'network of lawyers' is most likely just more crap, they are trying to scare you - don't listen.

How long has it been since you made regular payments to MBNA ??

 

[vgmhilliard]

.....How long has it been since you made regular payments to MBNA ??

Ladynred, about a year and a half.

This is probably irrelevant, but prior to that I'd been paying on that debt for 3+ years, never late and without a glitch.

 

[Ladynred]

Unfortunately, they don't care what your past payment history is, they only care that you're in default now.

For 12,000 MBNA is likely to sue, but I'd be willing to bet they'll send it off to Wolpoff & Abramson first to nail you with arbitration - that's the drill with MBNA.

 

[vgmhilliard]

.....For 12,000 MBNA is likely to sue, but I'd be willing to bet they'll send it off to Wolpoff & Abramson first to nail you with arbitration - that's the drill with MBNA.

Ladynred - excuse my ignorance - what exactly is "nailing with arbitration"? Does the fact that I reside outside US have any bearing on this arbitration drill? Many thanks in advance!

 

[Ladynred]

Wow, you really DON'T know anything about collections do you ?

MBNA started putting arbitration clauses in all their credit card agreements around 2000. For those accounts that were opened before that, they've been sneaking in the arbitration clause in the 'change of terms' notices. If you don't object to the arbitration clause and you continue to use the account, that you have tacitly AGREED to the arbitration. If you DO object, they close your account then and there - no agreement - no card.

Binding arbitration means they are taking away ALL your rights to fight them in court, and giving up your rights to due process of law. They submit their claim to the National Arbitration Forum for arbitration. You get a notice that its going to arbitration and that YOU must pay the bill for the whole process. The NAF is supposed to be unbiased, but they are not, they are bought and paid for my the likes of MBNA and they're cronies at Wolpoff and many other creditors and collectors. 99.9% of the time you will LOSE the arbitration - its fixed against you. Once they get their arbitration award, they scurry to your local courthouse and have it turned into a legal judgment and you're sunk. No summons, no lawsuit, no chance in court, NOTHING, they win and you are stuck with a judgment.

 

[vgmhilliard]

.....You get a notice that its going to arbitration and that YOU must pay the bill for the whole process.....

Ladynred, many thanks for your kind explanation.

Quick question here - and please slap me on the wrists if it sounds as an irrelevant one here - you mentioned "YOU must pay the bill"... What generally happens if you CANNOT, meaning there is no money in your bank account, you own no property, you have not got a job - well if you are not even in the US!

I know this is perhaps not the most common sort of situation.

 

[Ladynred]

Fortunately, I've never been thru the process myself. I'm guessing that the cost of the arbitration gets tacked on to the award and then on to the judgment, just as attorney's fees.

If you're not in the US, then there's no way you can fight them and they can't reach you unless you have bank accounts or other assets here. Judgments can last up to 20 years (more in some states), so if you come back, it will be waiting for you - so to speak.

 

[vgmhilliard]

....If you're not in the US, then there's no way you can fight them and they can't reach you unless you have bank accounts or other assets here. Judgments can last up to 20 years (more in some states), so if you come back, it will be waiting for you - so to speak.

quick question - probably not exactly legal but sort of drawing on real life experiences - do you think creditors are less likely to sue/try to get a judgement when they see the debtor lives abroad, has no job in the US, and has no assets in the US?

Or is it largely irrelevant?