Legal Question in Consumer Law in Pennsylvania

MBNA credit card -- why can't i get it in writing?

I am several thousand dollars behind in credit card payments. The credit card company wants to offer me several options to make repayments. I've asked them to send me a hardcopy of these options so I can look them over and make a more informed choice. The company, however, absolutely refuses to send me any written information. There is one exception: if i want to do a ''buy out'' where I pay approximately half waht I owe. In this case they will send written details. Other than that I can totally forget it.

Is this a legal way to conduct business?


Asked on 3/01/06, 12:10 pm

1 Answer from Attorneys

Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: MBNA credit card -- why can't i get it in writing?

First of all, I would like to congratulate you for requesting that the terms be in witting and that you have time to consider them. That is very intelligent move in my opinion. Too often people in these types of situations agree to terms and conditions that in the end they will not be able to honor and end up in default anyway.

Getting to the heart of the matter, MBNA's refusal to send you the offer in writing is their prerogative. While their refusal may be a bit silly, the bottom line is that you signed an agreement to pay and you have failed to do so. MBNA is under no obligation to provide you with any alternative payment terms. In fact, since you admittedly are in default, in theory they could immediately begin the collection process for the entire amount owed.

If is at all financially possible, my suggestion would be to take the deal for 1/2 of what you owe. Just make sure you also negotiate how they will report your account status to the Credit Bureaus.

If I can be of assistance in this matter please feel free to contact me, [email protected] or click on my "Attorney Profile" link for my additional contact info.

Regards.

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Answered on 3/01/06, 12:28 pm


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