Do I have a case?

[dawnske]

Here is my dilema.

Aug 2003>Accepted into repay program w/MBNA

Have the acceptance letter which states:

>Your Current Payment will be 205.00

>Annual Percentage Rate 1%

>Late Fee= $0

In addition we are waiving your overlimit fee.

Now on the back of this letter is the following:

Total Minimum Payment Due: You may pay all or part of the total oustanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your montly statement. The total minimum will be the sum of the current payment shown on your monthly statement plus all past due amounts.

Even though I paid them every month since 8-03 they have reported me as late. There was a 1300 minimun due at the inception of this program.

I assumed (Stupid Me! ) the $205 was keeping me current. I paid the 1300 in Dec am now current.

My question is this:

Would this be considered a violation of the FDCPA which states:

Under either the "least sophisticated" or "unsophisticated" consumer

standard, a collection communication which can plausibly be read in two or more ways,

at least one of which is misleading, violates the law. Russell v. Equifax A.R.S., 74 F.3d

30 (2d Cir. 1996).

Any help would be greatly appreciated!

[willingtocope]

Unfortuneatly, the FDCPA only applies to a collection agency (CA) not the original debtor (OC).

You might try a goodwill letter to the MBNA executive offices and ask if they can help...

[LadynRed]

What state are you in ?? SOME states have their own versions of the FDCPA that DOES INCLUDE original creditors in the application of the law.