Collection Agencies - MBNA CCL Financial Call - Canada

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RE: MBNA CCL Financial Call

Postby totallyfreaked » Tue Jun 19, 2012 08:15:34 PM

Thanks. I greatly appreciate the help.
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RE: MBNA CCL Financial Call

Postby DanielBl » Tue Jun 19, 2012 08:14:49 PM

First, you'd have to respond by filing a defence. You'd have a pretrial settlement conference, and if that didn't resolve anything it would go to trial. If you're in a financial bind, generally judges are amenable to granting low monthly payment terms with no accumulating interest while not in default of the payment order. The payment could take many, many years. In the worst case scenario, even if you encountered a nasty judge, you could always make a motion after the trial for reduced payment terms to meet your financial abilities.

Note that just because they are threatening to sue doesn't at all mean they wiill. It all depends on what income and assets they know or think you have.
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RE: MBNA CCL Financial Call

Postby totallyfreaked » Tue Jun 19, 2012 08:06:10 PM

thx, what would happen if I was sued?
totallyfreaked
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RE: MBNA CCL Financial Call

Postby DanielBl » Tue Jun 19, 2012 08:06:29 PM

Listen carefully: you want them to know your correct address and phone number. The absolute worst thing you could do would be to hide and have an [uncontested] default judgment obtained against you. Make sure they have it so you'll know if they are taking you to Court.

The limitation period in Alberta is 2 years from the date of default or the last signed written acknowledgement, so don't go sending them any letters - or least don't sign them if you do. If 2 years have already passed without them filing a statement of claim, then you don't have to worry about getting sued. Until then, you do have to worry. They will have assessed your financial situation as best they can to see what kind of a prospect you are in deciding whether or not's worth litigation.
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MBNA CCL Financial Call

Postby totallyfreaked » Tue Jun 19, 2012 07:25:39 PM

I had an mbna card with $11.5k that I was trying to negotiate with MBNA and could not setlle so they sold debt to CCL Financial who I received call from. They told me they were filing in small claims court and were giving me an opportunity before the did so. They also had an incorrect address for me and were very rude when I would not give new address. I am wondering how to proceed? Thanks in advance for any help. Greatly appreciated. This forum is great.
totallyfreaked
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Joined: Tue Jun 19, 2012 06:55:13 PM
Province: AB


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