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Certified Letter - Could this be Mann Bracken?


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Hi all,

I'm posting once again. Mann Bracken contacted me about two weeks ago, sent out a dunning letter dated July 9, 2007. I sent the DV today, CMRRR, well within the 30 day window. I went out to check the mail and noticed I had a "Sorry we missed you" from the post office that said they tried to deliver a certified letter. Could this be from Mann Bracken? The arbitration letter? I had read other posts saying they seem to fed ex but I guess they could also do cert mail with the USPS. Do I just ignore it? Is this more than likely the arbitration letter? If I ignore it, can I successfully avoid arbitration? ALso, is there any way to find out who the sender is without having to accept it? Can I call the post office and ask? Or will they not give it out? Also, if I go to the post office to claim it, can I refuse to sign for it once I find out who it is? If I refuse to sign for it in person, will that work against me? Will there be a notation that the post office will send saying that I came to get it but refused to sign? Any thoughts? Mann Bracken is representing Chase for credit card, claimed balance around $19K.

The main reason I ask is b/c I'm not sure if its something I do need. I'm not expecting a certified letter, but I have gotten one for mortgage related stuff. I want to make sure I don't miss that if that's the case b/c I've had problems w/ Chase mortgage in the past. Just to give you an idea how SCREWED up chase is w/ my mortgage and honestly I wonder about them as a bank: I had a bank acct w/ Chase and also my mortgage as well. Of course pay my mortgage with Chase account with checks. So anyway, somebody stole a book of checks at some point and were writing checks all over the place. So of course filed an identity theft and all that good stuff. Also worked with Chase. They opened up a new account but left the old account opened for checks to clear (I gave Chase the check numbers that I had written out). Seems easy enough, chase fraud department flags my acct, looks at check, makes sure its in the "approved" check numbers, etc. Well, then when my mortgage check is presented (Not that this is ALL within Chase). Those idiots paid the mortgage off the old account and also on the new account, so double paid. We caught it within a day or two (online banking) and went to branch. They reversed out the withdrawal from the new account but kept it withdrawn from old account, which was right. Guess what happened? Chase mortgage suddenly says I didn't pay, check was returned. I had all my statements the next month and showed them where it was withdrawn off old account and new account, but new accoutn was credited back. They in essence, and even admitted, that they "lost" the payment. It wasn't in my account. Somewhere within chase they couldn't account for it. It went back and forth for 4 months. In the meantime, I would get certified letters of foreclosure notices. I got two of them. All for their mistake. They finally corrected it. It took about 6 months. They claimed that the foreclosure notices were sent by mistake and auto-generated. Anyway, obviously I have little faith in Chase since then, so if something similar happened on my mortgage account or if there is a problem (This happened about 9 months ago), I would need to know. So I'm kind of torn. I doubt its with the mortgage at all, but you never know. More than likely it is MB.

Anyway, sorry for the long story. Just wanted to vent how screwed up Chase is. The above story about the mortgage is not related to the credit card debt, its just the reason why I may want to see the certified letter. But basically, questions are:

1. Could this be Mann Bracken?

2. Is there a way to find out who the sender is before signing for it without adversely impacting my rights?

Thanks,

TXTrouble

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Just show up at the window with your little notice and when they bring

it up there ask who it's from. Easy. You CAN refuse.

Personally I would be afraid to not accept something like that, but........

As to refusing something from MB, I don't know. We need an expert here!

Z

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Hi ZFire, exactly. I didn't realize I could refuse. I didn't know if they'd mark it as "refused" and then sender would know and they could use this legally to show I refused service. Not sure how that works. Maybe I'll send my wife to do it b/c she would have valid reasons to refuse it since she's not me. But if its not a big deal to do it and doesn't affect my rights then I can simply do that and refuse if from Mann Bracken...

I did call Chase (Mortgage division) and asked if there were any issues with my loan. He said nope, everything was fine and noted that he did see the problems I talked about in this post but that it had been resolved, credits had been issued and my credit report was cleared of any late marks. But I may go down JUST to make sure it isn't from Chase Mortgage. But its almost 100% likely not to be chase and I bet it is from Mann Bracken.

I've heard if you accept Mann Bracken's certified letter, you are served w/ arbitration and basically screwed. I heard if you avoid the certified letter, they can't go forward with arbitration. Not sure how accurate that is, but from what I've read on this site as well as budd hibbs, you ignore any fed ex's from MB. I just wish I could find out how the sender is, BUT its more likely MB.

So I assume this is the right approach? If I refuse delivery, can they still go to arbitration? I have an appointment with an atty that Bud Hibbs recommended next Friday. I wish it could be sooner but I travel Mon-Thurs. So this should prove to be very interesting. Funny, b/c I still get calls from a Ms. Lumpkin from Mann Bracken. I spoke to her on accident when she first called. Didn't say much except that I would be waiting for the dunning letter and that I don't give out private information on people who call me that I don't expect. But she has been calling once a day for the most part. I had figured as long as she was calling they woulnd't be making any moves. I guess thats not right.

The one thing I did hear is that Mann Bracken bends pretty quickly if you get an attorney. Does anybody have this experience with them? Also, I'm in Texas so consumer laws are pretty friendly here. I'm also confused if Chase still owns the debt. Mann Bracken calls Chase "their client" which I assume means Chase still owns it, but I guess they could be lying about that, who knows.

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Hi swirlgirl, I would think the same thing too. However, I've read from others that if you don't accept the certified letter from mann bracken, they can't move forward with arbitration. From what I've read arbitration is a lost cause. I wouldn't avoid a process server serving me with a lawsuit, but apparently MB's MO is that they send out these certified letters, its your service for arbitration. If you refuse, you aren't served and thus won't go to arbitration. Could be wrong. about this though. Any other opinions?

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I refused my certified letter. My attorney that I ended up hiring said it didn't matter because in the long run...as long as they can prove your address is valid most likely they would just turn around and send it regualar mail and consider it served. (Atleast in Ohio)

I found that it is better not to run from things. B/c they always seem to bite you in the behind if you do.

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Does the "Sorry we missed you" notice have a tracking number?

You can go to usps.gov and track the letter, see where it was sent from...

It won't tell you the sender's name, but at least may give you a clue about where it's coming from.

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the very last thing i would do is listen to any att about anything

really.. because my attorneys are terrific and would be lost without them trying to navigate things in the system.. I mean this with all due respect but it appears you are new to the forum.. we have our share of consumer experts and some wonderful attorneys here as well.. please do yourself a favor and don't bite the hand that is willing to help you..not to mention its just plain rude...

... as a newbie to the forum.. you are still a guest in the house.. so please take your feet off the table.. use a coaster , sit up and listen and you are more then welcome anytime.. manners my friend.. manners

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Thanks to everyone who helped me out regarding this problem. I followed CarolinaBlueEyes advice and called the post office this morning (they had to wait until they got the letter back from the carrier). Surprisingly, it was not related to Mann Bracken or anything bad. So I went ahead and picked up. I guess I assumed the worst, but I'm sure at some point MB will be sending something. To answer another poster's question - my notice did have some number, I'm nto sure it was a tracking number though, b/c it had a barcode above it, so it may have been the post office code or whatever. I did try calling the 1-800 number and asked them if they could track it or tell me the sender, they said they couldn't. So I called the actual post office branch and they were very helpful and told me who the sender was.

I also agree with CarolinaBlueEyes about atty's advice. I think when it gets to a certain point as I'm at and many of us here are at, an attorney is the best way to navigate this process. They know the law, what your rights are, and they've done it before.

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One other thing, about arbitration you mentioned, at least in Texas, and I could be wrong, is unless it is ordered and signed by a judge it is completely voluntary. I was sent an arbitration notice not to long ago not related to debts, but my attorney told me that since it did not come from the court signed by a judge then it was voluntary and i was not required to appear or comply with the notice.

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Hey scott, thanks for the heads up! I have a meeting with an atty this upcoming week, so I'm going to ask him about this specifically. That is great information! You may be right, b/c on Budd Hibbs website, he has a thing for Texas residents contacted by Mann Bracken. He says to contact him and let him now and he can probably get them to go away. Maybe this is how he gets them to go away. I thought I would be out of luck on the arb, but this is good information. When I see my atty next week, I'll post back here and let you know what he says about the arb in TX.

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