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Help with Mann Bracken

Date: Mon, 09/28/2009 - 12:44

Submitted by anc526
on Mon, 09/28/2009 - 12:44

Posts: 192 Credits: [Donate]

Total Replies: 5

Help with Mann Bracken


I was contacted Saturday (9/26) for the first time by them. I was actually out of state at the time, but my caller ID showed they called at:

9:14am
9:40am
9:58am
11:04am
11:29am
2:10pm

Out of all the calls, no voicemail messages were left. They called again on Sunday (9/27) at 4:24pm. I was home and answered the phone. I was greaeed with an automated message stating they were calling from Mann Bracken Attorneys about a debt collection. I waited on the line for someone to answer, but was forwarded to voicemail. I assume no one was in the office.

Today (9/28) at 2:35pm I received another call. This time I was put through to Mr. Payne (would not give his first name). He asked for me. When I stated that I was who he was looking for, he read my address to me and asked if that was my correct address. I confirmed it was. Without any further questioning to make sure I was who I said I was, he delved into the reason for his call. He stated that it was an attempt to collect a debt and any information obtained may be used as such.

The reason he is calling is about a student loan I had taken out and was unable to pay. He told me my amount due was $50,612. He asked when I could pay that. I was honest with him and told him the reason I couldn't pay it in the first place was my unemployment, then my husbands hours got cut back. At this point, we barely make enough to survive. I asked if there was a payment plan available.

He stated that he might be able to set me up on something but that "it won't be $100, $200, $300 a month". He asked me if I was employed and I told him no, that at this time I'm 30 weeks pregnant. He asked about my total household income which is roughly $2,200 a month. Then he asked where I bank at. At that point I lied and told him I did not have a bank account. I didn't feel comfortable telling him that information with the stories I've heard about Mann Bracken from reading your website as well as a few others. He asked for my monthly mortgage payment which is $1225.00 a month.

At that time he put me on hold while he talked to a "head attorney" about a payment plan. When he got back on the line he presented me with two options:

Option 1: Put down 20% of the balance, which would be $10,122.44. Then make 11 monthly payments of $3,680.89.

Option 2: Settle for $38,000

He told me either way, I either needed to have the payment of $10,122.44 or $38,000 in his office by 10/30/2009.

I started to get stressed and upset and tried to get off the phone with him by telling him I'd talk to my husband and see if we could possibly borrow the money.

At that point he told me that I needed to call him by tomorrow at 3pm or else my account would be reviewed and considered for judgment. He said that when I call I either need a checking account number to post date a check or I needed to be overnighting the payment and have a tracking number for him. When I told him again (lying) that I didn't have a checking account he said that in that case I need to use my parents, in-laws, or even my church if I have to, but I need to provide him with either a checking account number or a tracking number by 3pm tomorrow.

He then gave me his phone number and extension and told me good luck.

At this point I'm not sure what to do. I haven't even received anything in the mail from them, yet I have less than 24 hours to give them what they want. I thought I had at least 30 days from the date of my written notice to dispute the debt. How could I possibly do that, if I'm required to give them either payment or my checking numbers within 24 hours?

I'm not disputing the debt. I honestly owe it, and I'd honestly pay it if I could possibly afford it. But he wants me to pay $1,400 a month more than we even bring in to our home.

I'm terrified that they are going to get a judgment against us and take everything we own. Right now we owe more on our house than it's worth, but the mortgage is current. Everything else is behind. My husband is on the mortgage loan, not me, but I am on the deed. The only other things I'm terrified of them taking are our vehicles. My husband has a 2003 Ford Ranger and I have a 2002 Jeep Liberty. I NEED my Jeep for when the baby comes. My husbands Ranger does not have back seats. So I need the 4-doors that the Jeep provides. And my husband needs his vehicle to get to and from work. I'm worried that since those are the only things we own free and clear, that they are going to take them from us and tell us to get a beater car that will be breaking down every mile.

At this point I'm shaking, upset, and terrified. I'm hoping you can tell me something I can do. I know student loans cannot be included in bankruptcy. I'm just at a loss at this point.

Please help!


you can PM soaplady.she is the student loan guru.she should be able to point you in the right direction.i would question this entirely as student loans almost are never subject to settlement.mann bracken is also the biggest bunch of collector garbage on the planet with two class action suits pending.PM soaplady.this doesn't smel right at all.


lrhall41

Submitted by paulmergel on Mon, 09/28/2009 - 16:13

( Posts: 15514 | Credits: )


I am assuming this is private loan as I have never heard of Mann Braken handling federal loans.

Private loans are wicked and they will end up suing you, even if you are making payments. Yes they do frequently settle but not to the extent that other types of debts do. The settlement that they are offering you sounds about right.

Your options? Not much. They will file a judgment against you, even if you are paying it, close to the SOL for your state. This is standard with private student loans,.They won't want your cars but they will lien your home. With a $50K balance and more than likely an interest rate of at least 10% you are looking at probably $400-500 per month in interest charges alone. Unless you can get this paid off prior to your SOL, a judgment is inevitable.


lrhall41

Submitted by SOAPLADY on Mon, 09/28/2009 - 17:32

( Posts: 17315 | Credits: )


Thanks SoapLady. It makes me feel a bit better that they'll probably leave the vehicles alone.

As for the lien on the home....

The house was purchased in 2006 for $159,400 and appraised at that point for $170,000.

Since then the basement has flooded twice. Even though we got the mold taken care of, the walls still need repaired and it's kind of gross down there. Plus the dining room is half unfinished after a renovation project was stopped mid-way due to lack of funding. Also, the housing values in my neighborhood have been dropping ridiculously over the past 2 years. I doubt it's even worth the $159,400 that we took the mortgage out for.

Add to that the fact that we fell behind on our mortgage. The mortgage company helped us with a loan mod, but tacked on the late payments plus court fees to the loan. So now we owe about $176,000.

So, they can put a lien on the home, but I doubt we'll be selling it any time in the near future and there is 0 equity in it anyway.

I'll just send them whatever I can per month. But it won't be $10,000+ by 10/30 and it won't be $3,000+ per month after that.

And to answer someone elses question, it is a private loan. I took it out with Education Finance Partners. Although Mann Bracken is telling me the loan is through Loan Science. But the amount owed is the same.


lrhall41

Submitted by anc526 on Mon, 09/28/2009 - 18:48

( Posts: 192 | Credits: )