Dealing with nasty CA Mann Bracken!!!!

[Anonymous]

Can anyone pls help me?!  Here's a quick background: I have been in the process of repairing my credit over the last year or so.  I'd met with a credit counselor that worked for a non-profit agency and determined what I needed to do.  There was one card that I originally opened with BOA some time ago and, due to circumstances over time, it became a CO.  It had been listing on my CRs as a CO w/ a zero-balance for some time, which I didn't understand.  I just wanted it off so I attempted to contact the OC to make some type of pymt arrangement.  When I did, they told me it had been sold to another company.  I recalled receiving letters from that company in the past but nothing recently.  I believe it was called Wolpoff and Abramson (sp?).

Long story short, I decided to focus on my other credit issues until this one came to surface again.  I have lived at my current address for the past year or more and have NEVER received anything from anyone regarding this account.  Well last Thursday, I received a voicemail from Mann Bracken LLC regarding this account.  I returned the call eager to get this done and over with but was floored when they told me the balance had grown from $3700 to something like $5500 b/c the account has continued to grow interest.  My first question - Is this possible even though it's list as a CO on my CRs?

The rep then told me that they'd been trying to contact me but gave my old address as the contact address.  When I told her my new address, she claimed they had that listed as my old and my old as my current.  Go figure.  Anyway, I told her that I'd never even heard of them and was not willing to pay anything without first seeing something in writing.  She tried to tell me that waiting for something in writing would only cause more interest charges but I insisted (thanks to prior advice from this forum).  So she agreed and we hung up.

The very next day at 8:20 AM I received another call!  So I called them back and very calmly explained the conversation that I'd had with the other rep the day before.  The guy was extremely rude and loud, so I told him I'd be sending him a C&D.  He told me that would do nothing but stop them from sending me mail and that they were already working on preparing to file suit.  I didn't think that was true about the C&D, but when I told him that, he got even more irate and hung up on me.  I called back to speak to a supervisor, again got a rude rep and when transfered to the supervisor's line, he referred to the company as Axiant and NOT Mann Bracken.  I didn't bother to leave a VM.

Yesterday, on SUNDAY, I got a call again with a pre-recorded message telling me to call them!  I'm livid.  I'd like to get this taken care of as soon as possible but I don't want to be careless about the process.  This account is not even listed as being in collections on any of my CRs yet.  So what are my options?  Please help as I CAN'T stand dealing with such a RUDE CA!!!!

Sorry for the long post.  Thank you in advance!

[Anonymous]

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IAmTheHeadNotTheTail wrote:

Can anyone pls help me?!  Here's a quick background: I have been in the process of repairing my credit over the last year or so.  I'd met with a credit counselor that worked for a non-profit agency and determined what I needed to do.  There was one card that I originally opened with BOA some time ago and, due to circumstances over time, it became a CO.  It had been listing on my CRs as a CO w/ a zero-balance for some time, which I didn't understand. 

Listed as a $0 balance because BoA sold the account and you no longer owe them anything. You owe the company that owns the account.

 I just wanted it off so I attempted to contact the OC to make some type of pymt arrangement.  When I did, they told me it had been sold to another company.  I recalled receiving letters from that company in the past but nothing recently.  I believe it was called Wolpoff and Abramson (sp?).

Long story short, I decided to focus on my other credit issues until this one came to surface again.  I have lived at my current address for the past year or more and have NEVER received anything from anyone regarding this account.  Well last Thursday, I received a voicemail from Mann Bracken LLC regarding this account.  I returned the call eager to get this done and over with but was floored when they told me the balance had grown from $3700 to something like $5500 b/c the account has continued to grow interest.  My first question - Is this possible even though it's list as a CO on my CRs?

Check state law as to what a CA can and can not charge and what legal interest rate is.

The rep then told me that they'd been trying to contact me but gave my old address as the contact address.  When I told her my new address, she claimed they had that listed as my old and my old as my current.  Go figure.  Anyway, I told her that I'd never even heard of them and was not willing to pay anything without first seeing something in writing.  She tried to tell me that waiting for something in writing would only cause more interest charges but I insisted (thanks to prior advice from this forum).  So she agreed and we hung up.

Rule #1, never speak to them on the phone.

The very next day at 8:20 AM I received another call!  So I called them back and very calmly explained the conversation that I'd had with the other rep the day before.  The guy was extremely rude and loud, so I told him I'd be sending him a C&D.  He told me that would do nothing but stop them from sending me mail and that they were already working on preparing to file suit.  I didn't think that was true about the C&D, but when I told him that, he got even more irate and hung up on me. 

Cease and Desist will only keep them from calling/sending letters. It will not keep them from suing and will likely encourage them to sue faster than anything else.

 I called back to speak to a supervisor, again got a rude rep and when transfered to the supervisor's line, he referred to the company as Axiant and NOT Mann Bracken.  I didn't bother to leave a VM.

Yesterday, on SUNDAY, I got a call again with a pre-recorded message telling me to call them!  I'm livid.  I'd like to get this taken care of as soon as possible but I don't want to be careless about the process.  This account is not even listed as being in collections on any of my CRs yet.  So what are my options?  Please help as I CAN'T stand dealing with such a RUDE CA!!!!

Sorry for the long post.  Thank you in advance!

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What is the DOLA, DOFD, and SOL?

Find SOL here -

http://www.bankrate.com/brm/news/cc/20040116b2.asp

[Anonymous]

Thank you for the quick reply.  Here's what I found out based on my CRs:

-DOLA = June 2005

-DOFD = June 2003 (Account was opened in June 2000 if that's means anything)

-SOL = NJ - 6 years; PA - 6 years (Wasn't sure which state to check since I've lived in both; acct was opened in NJ, however)

How do I find out the state law re: what a CA can charge in interest?  And should I check for NJ or PA, since I've lived in both?

Sorry for breaking cardinal rule #1 - NEVER AGAIN...promise!

So are you saying I should NOT send a C&D and just ignore the calls/msgs instead?

Lastly, how do I find out who now owns the account?  Again, none of my 3 CRs list a collection or agency other than the OC related to this acct.

*exhales*

Thank you again in advance!  This is my 1st post and you have already been sooo helpful!  I just want this mess behind me.  I feel like I was on my way to great credit but this now has me admittedly a bit shaken up

[Anonymous]

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IAmTheHeadNotTheTail wrote:

Thank you for the quick reply.  Here's what I found out based on my CRs:

-DOLA = June 2005

-DOFD = June 2003 (Account was opened in June 2000 if that's means anything)

-SOL = NJ - 6 years; PA - 6 years (Wasn't sure which state to check since I've lived in both; acct was opened in NJ, however)

How do I find out the state law re: what a CA can charge in interest?  And should I check for NJ or PA, since I've lived in both?

Sorry for breaking cardinal rule #1 - NEVER AGAIN...promise!

So are you saying I should NOT send a C&D and just ignore the calls/msgs instead?

Lastly, how do I find out who now owns the account?  Again, none of my 3 CRs list a collection or agency other than the OC related to this acct.

*exhales*

Thank you again in advance!  This is my 1st post and you have already been sooo helpful!  I just want this mess behind me.  I feel like I was on my way to great credit but this now has me admittedly a bit shaken up

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Does the DOLA listed seem accurate? Is that the last time you made payment. If you live in a different state then what you opened the account in, they can sue in either state.

SOL runs from DOLA.

Google "XXXXXX(state) debt collection laws" or something of that sorts. You'll get some hits.

[Anonymous]

Yes, the DOLA seems accurate, I guess.  I can't recall for sure. 

I recall now when speaking to the 1st rude rep that he mentioned the acct is now to the point of judgment and that I would not be able to make any payment arrangements.   But again, I've never heard from these people prior to last week!

So should I just wait for something in the mail from these people?  Or should I attempt to send a DV letter before I even get anything in the mail? 

I'm so confused and the thought of being sued makes me sick to my stomach.  I'd be willing to pay the $3800.  But $5500 seems suspect, particularly since I haven't even heard anyting on this acct in so long.

[Anonymous]

You can go ahead and DV if you wish. IMO, I don't see that DV'ing will increase your chances of being sued at this point, considering the conversations you've had with them.

Just be prepared to work out a settlment/PIF if they sue, or you'll likely end up with a judgment.

Check the FDCPA for what qualifies as "harrassment and abuse" by debt collectors.

[Anonymous]

I guess I'll just await the letter in the mail, as I'm not even sure who I'd DV at this point - Mann Bracken or Axiant.  Nor am I sure of a location, as they have several site addresses listed under their main umbrella.

This so frustrating! :-(

[Anonymous]

They have a set time to contact you in writing after initial communications. Check the FDCPA. If they don't, then they are in violation.

[Anonymous]

Ok, we will see what happens.

So here's my next question: What should my plan of attack be on the rest of my CR issues? 

Currently I have the following negatives:

-1 Discover Acct  CO= $3087, last DOLA of 5/08 (I started paying the CA on a monthly pymt plan set up for 3 mos; paid down from $3537 to $3087 but then found this forum and considered PFD letter?  Should I just begin paying them again or go with the PFD?)

-1 BofA Acct CO = previously discussed account that now resides with Mann Bracken

-1 Collection Acct = $805 (from carpet repairs in an old apartment that I originally refused to pay for...now I'm reconsidering just to get it off my credit...????)

-4 Paid Collection Accts - Should I try to get them deleted via GWs?

-1 HSBC account w/ bal = $275 (credit limit of only $300, though)...This account was initially closed due to default/late pymts, but I paid it off and got them to agree to reopen; acct is now listed as being 'paid as agreed' but still has that little red flag for past lates

-3 retail cards all paid off w/ $0 balances (cards I got in college that started my negative history with lates; closed by my request once I pd them...now realize I should have left them open.)  Should I try to get them re-opened?  Is it even worth it?

-2 Auto Loan Accts - both paid off; the 1st with Chrysler only had 1 late (Is it worth it to GW them for a deletion of the late?) and the other with Ford Motor Credit that has tons of lates due my being laid off at the time...nothing I can do there but at least it's pd off

I also have the following positives:

-2 AMEX accts (of my mom's), both in good standing, on which I am an AU...the thing is, the combined bal on both is $16K...should I stay on the acct since it's always been reported positively (no lates or anything ever...open for last 4+yrs.

-1 auto loan w/ Chase for car just purchased in May of this year (after my other car was totaled)...promised myself in blood to stay on top of that loan no matter what! *fingers crossed*

I am really focused on getting my scores up...just need  a road map and some time.   My mother has a really bad time w/ credit and I'm trying to be an example that it is possible to recover and live happily.

[llecs]

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IAmTheHeadNotTheTail wrote:

......I believe it was called Wolpoff and Abramson (sp?).

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Mann-Bracken is Wolpoff & Abramson and vice-versa. Mann-Bracken was Axiant before they changed their name.

I was going to post separately on this, but decided to piggyback here being recent and germaine.

From time to time, I'll frequent a local carryout place that happened to be located next door too a Wolpoff and Abramson office here in VA. I dealt with W&P in the past and always loathed them. I remember negotiating a settlement for DW long before MyFICO and W&P accepted it, only to sell the debt to another CA and we were out $750 or so. So....whenever I would go to this diner, I would pass W&P and wish them ill-will like maybe a sinkhole would open up under their office, or maybe their fire-suppression system would inadvertantly go off, or maybe a meteor would strike after hours.

Well, today, I went to pick up lunch and noticed a name change to Mann-Bracken. I had to double check and sure enough. After looking around, I found this off W&P's website:

MANN BRACKEN L.L.C. is the successor by merger to Wolpoff & Abramson L.L.P., and Eskanos & Adler P.C.

.......

If M-B is anything like W&P, then beware, always get everything in writing and never trust anything they say. Keep on your toes and good luck.