Urgh! The Evil Exp. (as four20nik likes to call it) is giving me fits. DH's report has an MBNA unpaid c/o to the tune of $1,200. It is scheduled to come off 6/04. The creditor's statement says "Purchased by another lender" but I have no other TL that matches up with this. 1. He disputed in Dec. with not mine. 2. Exp. verified. 3. He sent a crrr letter to MBNA asking them to provide proof of debt. No reply from MBNA. 4. He sent a crrr dispute back to Exp in late Feb. demanding it be removed because the creditor could not prove it exists. 5. Exp. didn't delete and hasn't sent us anything about it. Should I -- give the 30-days a little cushion, then send a follow-up demand letter saying they missed their 30 days and to remove it within 15 days. Follow this chain of letters (60 days, 90 days) until sue. or -- try a new tactic with CRA like wrong dates, wrong amount, etc. or -- send a stronger prove it or remove it letter to MBNA. If this is the best route, can anyone help me with case law on this? thanking in advance. peace, delilah
The CRA (EX) is probably your weakest link. Going after MBNA directly with a lawsuit may cause them to actually search their files and find the documentation to validate the debt. I'd send EX a second letter crrr giving them 15 days to delete. As soon as you get the green card back in the mail, call them and ask to speak to a supervisor and demand to know why they haven't deleted the account in question when the creditor can't verify the account to you and you are - in theory - the debtor. Listen to their response, ask for their name and/or employee ID number, thank them, and conclude your conversation by saying "I am turning everything over to my attorney for further review". This tactic worked like a charm for me. My deletion letter was in the mail the very next day. If it doesn't work, your next step would be to serve them with a small claims summons and a settlement letter.
