• Report: #277337
Complaint Review:

Mcm Collection Agency Formally Fingerhut Debt

  • Submitted: Fri, October 05, 2007
  • Updated: Mon, November 23, 2009

  • Reported By:Spring Hill Florida
Mcm Collection Agency Formally Fingerhut Debt
8825 Aero Dr San Diego CA 92123 San Diego, California U.S.A.

Mcm Collection Agency Formally Fingerhut Debt Mcm collection agency trying to collect debt 3.5 years after chapter 7 bankruptcy San Diego California

*Consumer Comment: MCM is horrible

*Consumer Suggestion: Whoo, that's a doozy!

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Recently getting calls from mcm from 1600.00 debt that was included in chapter 7 bankruptcy 3.5 years ago . The agent states that chapter 13 is the type of bankruptcy that that you can discharge this debt and that I should start paying on this debt or face "severe penalties". Fortunatly I know better , Basicly he thinks I'm stupid. In the past three weeks I have sent 2 letters with copies of the discharge, 1 of them certified.
However, wih the countless phone calls from this agent (we'll call him Alex),
He has spoken wth my husband, and my husband is the kind of person that can never say anything to upset anyone ,he basicly says uh huh to what anyone says just so they know he understands them.
My husband clearly disagrees with me being liable for this debt because of bankruptcy. He said he was just letting him rant. I guess Alex thought that my husband agreed to pay this debt now even with the bankrupcy because of his manner .So today was the first time I actually spoke with Alex and he says (because of my husband's uh huhs apparantly)
I have reaffirmed this debt regardless of the bankruptcy absolving me from this debt.
I hung up on him immediatly and left a message with the bankruptcy attorney
we used in 2004.
However my husband will still talk to him probally and I am worried that it will hurt me ,I myself will not speak with Alex again and I am not quite sure but I don't think my husband can reaffim my debt by speaking with Alex can he?
Please dont hesitate to respond
Thanks, A.M.

Spring Hill, Florida

This report was posted on Ripoff Report on 10/05/2007 04:38 PM and is a permanent record located here: http://www.ripoffreport.com/reports/mcm-collection-agency-formally-fingerhut-debt/san-diego-california-92123/mcm-collection-agency-formally-fingerhut-debt-mcm-collection-agency-trying-to-collect-debt-277337. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

MCM is horrible

AUTHOR: Keithwhite - (U.S.A.)


MCM called me too. Its funny when a guy named John Smith calls you and can barely speak english. MCM is too cheap and lazy to hire American to collect money, they send all their accounts to India, in which they pay foreigners 1.15$ per hour to make calls to the USA. I suggest that if you own a USA company that at least use a collection agency in the USA and support our economy

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#2 Consumer Suggestion

Whoo, that's a doozy!

AUTHOR: Tim - (U.S.A.)

You've basically got these guys by the legal balls.

I am a bankruptcy attorney practicing in the Western District of Michigan. Here are a few things about bankruptcy:

1) There is no difference in the debts that can and can't be discharged in a Chapter 7 vs. a Chapter 13.

2) The debts that cannot be discharged in a comsumer bankruptcy are generally limited to moneys owed to governmental bodies (taxes, fines, etc), child support, federally subsidized student loans, restitution for criminal offenses, and a few others that don't pertain to most people.

3) A discharged debt CAN NOT be reaffirmed, in ANY way. Reaffirmation can ONLY occur BEFORE the discharge order comes down.

4) Attempting to collect on a debt that has been discharged in bankruptcy is a violation of the Bankruptcy Code, it's a violation of a court order, and it's a violation of the FDCPA.

5) Giving someone false information regarding a bankruptcy case or the status of a debt in a bankruptcy case is a violation of the Bankruptcy Code as well as a violation of the U.S. Criminal Code (U.S.C. Title 18).

6) The provision of information regarding the status of a discharged debt, and advising a consumer thereon, constitutes the practice of law. When such advice is given by a non-lawyer, this constitutes the practice of law without a license. This is a criminal offense.

You have a couple of options. The first, and by far the best option is to hire a lawyer and file some claims against these guys.

The second option is to send them a letter. Outline all of the violations of the law I mentioned above. Let them know that you are considering litigation. Tell them that, in exchange for a payment of $1000 to you, representing the statutory damages allowed for their violation of the FDCPA, and a promise to forebear from any further collection activities, you will execute a release of all claims that you have against them. Otherwise, you will file a civil claim against them for any civil law violations, and you will forward the details of your case to the judge assigned to your bankruptcy case, the U.S. Trustee assigned to your case, your local federal District Attorney, and the Federal Trade Commission.

Best of luck!
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