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Got a call from MRS Associates CA, what to do next?


altimaklr
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I got a call from MRS Associates on a $11k or so debt I owed Citibank later transfered to Bankone. I know this is what they are calling about, since it is the only debt I am past due on. The account is past due about 8 months, and I cannot afford to pay yet.

I'm not sure if MRS owns the debt, but I have the feeling they are just acting on the behalf of Bankone right now. What should I do next?

They have called about 5 times in the last 3 days, I have not answered but I traced the number back to MRS. I did leave a message (purposely after business hours) that I would only like to be contacted via mail, stating who they are and what they are claiming. But he called back today and claimed "we've been sending you stuff for 8 months!" in a very gruff voice.

What's my next move? I'm trying to avoid bank account levies until I get on my feet. (unemployed).

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You can send them a DV. Use the reason that you found their TL on your CR. You mentioned you have not heard from them yet. They may not have your current address if you have moved since the account was CO'ed. If you haven't moved and it was recently CO'ed, it may be due to their not having you entirely in their system yet, which means the letters could still come. Also, you must consider that by your sending a DV may open a can of worms. Who's to say they didn't lose your file. It is entirely up to you. Myself, with the amount you mentioned, I would wait a while to see what transpires, especially if you do not have the funds to pay anything now. As to if they bought the debt, it will show on their letters. If you decide to wait, gather all of your information and be ready if something comes up so you are not blindsided.

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Then they are a debt collector on your account. The FDCPA and case-law is specific. If it was delinquent when they bought it, they are a collector...end of story. You can DV BankOne and they have to comply or be in violation.

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