newlyenlightened Posted December 28, 2010 Report Share Posted December 28, 2010 I am looking for some advice. I had an alleged debt with MBNA that was allegedly bought by Harvest Credit Management. In 2005, M&J contacted me about a payment plan. Stupidly, I agreed to the plan, before I knew anything about what a CA can and cant do, SOL, Or anything else that I should have known. The deal was of course heavily weighted in M&J's favor and I have now been paying on it for 5 years. My question is If they can't provide evidence that Harvest actually purchased the debt from MBNA, doesnt that make the payment agreement void, as there would be no legal purpose? (collecting money based on a false assumption)Thanks Link to comment Share on other sites More sharing options...
nascar Posted December 28, 2010 Report Share Posted December 28, 2010 I would guess that, after 5 years, no one knows who owns the debt now. Do you have any idea how much you've paid and now much remains? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted December 28, 2010 Report Share Posted December 28, 2010 At this point just pay it off and get a general release, which would make it go away forever. Link to comment Share on other sites More sharing options...
newlyenlightened Posted December 28, 2010 Author Report Share Posted December 28, 2010 I have paid approx. $18,000 on it. However the interest they are charging makes it impossible to ever pay it off. THey wont tell me how much they say remains. I have requested this info from them. If they cant prove the alleged debt was Harvest's does that void the contract or make it voidable? Link to comment Share on other sites More sharing options...
nascar Posted December 28, 2010 Report Share Posted December 28, 2010 I have paid approx. $18,000 on it. However the interest they are charging makes it impossible to ever pay it off. THey wont tell me how much they say remains. I have requested this info from them. If they cant prove the alleged debt was Harvest's does that void the contract or make it voidable?Assuming no interest, is the amount paid more or less than the original principal amount? Link to comment Share on other sites More sharing options...
Templar Posted December 29, 2010 Report Share Posted December 29, 2010 (edited) Listing MBNA red-flagged me since I had problems with that outfit with ID Thief years ago. I'm curious how Harvest Credit Management obtained your debt and then commissioned a CA to collect. It's my knowledge MBNA was an off-shore bank BoA bought/acquired some where in that 2005 time period. MBNA's files were a mess. FIA appears to have been BoA vehicle to collect old MBNA defaulted debts. Prior to FIA, MBNA used every scum CA/JDB in the nation in the old arbitration scam.I may be mistaken, but these dots don't connect from what I know of MBNA and the spider web of collection entities surrounding the outfit I know about.Like me, You may have had your ID stolen, and paid someone/something claiming.....until you started questioning matters. Maybe our other bloggers can fill the gaps. Edited December 29, 2010 by Templar Link to comment Share on other sites More sharing options...
newlyenlightened Posted December 30, 2010 Author Report Share Posted December 30, 2010 nascar- At this point assuming no interest, I am approx $300 short of the amount Link to comment Share on other sites More sharing options...
nascar Posted December 30, 2010 Report Share Posted December 30, 2010 nascar- At this point assuming no interest, I am approx $300 short of the amountIf you intend to send another payment, enclose with the payment a letter indicating that, according to your records this is final payment due and the account, upon crediting the payment, will be paid in full. Note on the check Paid in full per accord & satisfaction dated xxxxxx.See what kind of response you get. Link to comment Share on other sites More sharing options...
newlyenlightened Posted January 3, 2011 Author Report Share Posted January 3, 2011 Thanks Nascar, Ill give it a try and see what happens Link to comment Share on other sites More sharing options...
newlyenlightened Posted June 21, 2011 Author Report Share Posted June 21, 2011 Well after 5 months of not paying , M&J just sent me a letter saying that they have proof that Harvest bought the debt but they cant send it to me because it is part a a consolidated buy. It sounds like BS. Of course at the end of the letter they ask for a large lump sum offer. ANy chance that what they say is true? Link to comment Share on other sites More sharing options...
BV80 Posted June 21, 2011 Report Share Posted June 21, 2011 What they mean by "consolidated buy" is a "portfolio of debts" just like any other JDB purchases defaulted debts. Even if they did have a bill of sale, chances are your name and account number wouldn't be on it. Link to comment Share on other sites More sharing options...
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