Marie, I have something I would really appreciate your help/input with? It's very similar to what you helped PSUGIRL with earlier! Could you please e-mail me? Thanks! martysgirl@onebox.com
why don't we do it here so everyone learns and helps You get better advise from several people than from just me You know, you guys are making me wish I'd gotten a JD instead of an MBA
I have already posted this before that's why I asked you to e-mail you. I can say I asked what people thought I should do? But, after seeing your response to PSUGirl, I figured you could answer my question. It's no biggie.... If no one minds me posting it again... I will. I don't wish to look as if I am asking the same questions repeatedly. Alright I am gather everything and add the rest in a sec.... ;-)
OK about my problem Sorry guys for those of you have read this. I know a lot of you has told me I shoud take this to small claims court now I am trying to see what I should to once I get there. **I feel like PSUGirl did. I don't know exactly how to word all of this. Maybe you can give me some advice or pointers. ***********************HERE IT IS************** About Direct Merchants Banks = DMB....!!!!!! Just to make it simple.... I had an account with them for about 2300 months. I had it almost paid off (230.00). I was late maybe once or twice due to moving while still in college. I get my statement 2/??/2000 and I notice about $1800.00 in charges from another state. So, I call them and told them I didn't make those charges. So, They mailed me a FRAUD packet. I NEVER GOT THE FRAUD PACKET..... So, I called them back and requested another Fraud packet. 3/??/2000 They took off the charges and I resumed paying. I thought everything was fine. I moved again (last move) .... I called and requested a change of address. In between receiving my statement I made two check by phones. Then when I get my statement. I noticed they had put the Fraudulent charges back onto my account......!!!! I called and spoke with Judy St. Clair in Fraud. She CLAIMED they never got my Fraud Packet, only my POLICE REPORT that I faxed.....HELLOOOOOOO.....!!!!!!!!!! Then Judy Claims they took all of my charges as total loss and she didn't understand....!!!!!! Judy puts me on hold (25 mins) and asks if she can call me back. When she calls she is very defensive and tries to give me some f**k*d up excuse of how or why they could do that .....!!!!!! SO... I get a phone call the next day from DMB wanting me to pay. This is with all of the charges....!! I said NO... the charges where fraudulent and I refused to pay until they took them off. ***GET THIS******** I get a notice from a Collector with a BRAND NEW account number that says I owe... 1800.00...!!! THIS IS THE TOTAL OF THE FRAUDULENT CHARGES.......!!!! To top it off... after refusal to pay. They close my account and add that to My CREDIT REPORT....... owing 2100.00 for the charges I had and the Fraudulent charges...!!!! So... They have me owning TWO DMB MasterCard and are charging me twice for fraud charges that total 3600.00. After Judy claimrd they never got my affidavit I sent her another affidavit 2/2001. I wrote everything about the whole Problem including the new account that wasn't mine. It has been over 45-days and I have had no response from them at all...!!!! What should I do now...!!!!!
Re: OK about my problem my first instinct is to tell you to get a lawyer. I know, nobody wants to hear that. but good god. Ok, let's take this logically. You need a ridiculously good paper trail and phone log. If you haven't been doing that, go back and construct one. make detailed notes of what happened, when it happened, who you spoke with. etc. when you mailed letters. Got it? you'll need it for another letter and for court (if necessary) Do you have all your statements? including the ones w/the fraud charges removed??? do you have copies of what you sent them? the fraud report, the police statement... the second fraud report??? Are you sending these certified, RR requested??? Let me know and I'll try to help from there. let me also try to understand... it seems like you've been trying to keep up your legitimate payments also... correct? If you only owed about $230 when? since before christmas. what payments have you made since??? every month? seems like it? Answer these questions and let me think. I actually think I saw your post before... said to myself "oh good god get a lawyer" and thanked god that it wasn't me going through this... but we'll see what you need to do. I just want to make sure you have a GREAT paper trail when you go to court. and you might as well, unfortuately, expect to go to court it's fun, trust me!!!
I am going to gather up all of my information and write it down so I can explain it as much as I can. I will get back with you ASAP!
HOPE YOU UNDERSTAND THIS..LOL. Just to answer a few of your questions of hand; And to let you know b/c of me moving I didn't get all of my statements!!!! That's my biggest down fall. BUT... I wanted to let you know that I did contact DMB tonight to request my statements. I asked for all copy of all of the account information including payments that was made. Since I sent in my affidavit on 8/06/2000 on my account and all of the. I want to see how they got this second account number!!! They lady I spoke to told me an analyst was handling the case and I would have to call her back in the morning....!! That's fine....!!! ANY OTHER IDEAS on how I can coax her into giving me my statements.....????? ANYWAYS... this is all I could come up with on hand tonight. But... It's not to say I don't have other information at my mothers. And hopefully, I might be able to get them to give me my statements and corresponding payment history. Your Questions........!!!!!!!!! You--->> Do you have all your statements? including the ones with/the fraud charges removed??? Me-->> I have one statement when I first found the Fraudulent charges. That statement showed my balance around $230.00. I was trying to pay off my card. I had just sent them in a $500.00 payment before the charges. And I never used the card again. You--->>do you have copies of what you sent them? the fraud report, the police statement... the second fraud report??? Are you sending these certified, RR requested??? Me-->> They have always had a big problem getting statements to me. I do not have a copy of the first affidavit I sent to them after I filled it out. I do however have a copy of it blank.. b/c they mailed out two of them. the first affidavit was in a specific envelope so no I didn't send it C.R.R. Mail. Yes, I do have a copy of my police report I faxed to them. And, yes I do have a copy of the last affidavit I mailed to them, C.R.R. Mail. YOU---->> let me also try to understand... it seems like you've been trying to keep up your legitimate payments also... correct? Me-->> I had the card for 2250 months. While in school I messed up with my card. Not bad enough for them to close the account. I always tried to send off the min. payment. After I was almost through with school I called them and asked if I sent them a large payment and tried to pay my card off would I still be in good standing. They said yes, I sent them $500.00. NOW... when I found the charges I refused to pay them b/c they where not mine and the interest rate was high. They took the charges off I continued to pay... I was living @ my mothers when the charges come off. I am sure I could find an old statement there. LATER... I moved again and while moving I was doing a check by phone. That's when I found out that the charges had been applied back to my account. I refused to pay again until they where removed! NEXT.. I get a letter from Magnus service with a new account number saying I owe 2300.00. and harassing phone calls. I documented every phone call from day one. THIS IS MY EQUIFAX... -->>> EQUIFAX..... 1st card..DMB, My account I reported fraud, 9/98=dated opened, nothing for months reviewed, 1/00= last activity, terms= 2252, balance= $2252, R9, reported 01/01 CHARGED OFF ACCOUNT 2nd Card...DMB, not my account, 9/98 dated opened, 20= months reviewed, 02/00= last activity, terms= 48, balance= $ 1902, Past Due $195.00, R5, 6/00= date reported ACCOUNT CLOSED BY CREDIT GRANTOR --->>>If you only owed about $230 when? since before Christmas. what payments have you made since??? every month? seems like it? ME---->> After I made my first big 500.00 payment. The next following statement had all of the charges on it. But, I didn't get it b/c whom ever had also put a change of address on my account. Once I finally got my statement I called and told them about it. SO--->>> I paid up on the card, next month fraud charges this was in 2/02/2000 last year. I finally get my statements I dispute the charges 4/01/2000. 8/2000 I finally got an affidavit, They take the charges off. I start paying, I MOVED 7/31/2000, I never got my statements and was doing check by phone. While doing check by phone ,01/2001, that's when I was told my balance, I went crazy, then I told them it wasn't right and I refused to pay. 2/2001, I talked to Fraud she claimed she never got my Affidavit so I sent her another affidavit certified return mail 3/2001. I have yet to hear form them.....!!!!!! I know this is confusing.....!!!! It confused me trying to read it myself and I am fluent with the salutation now!
ok, start here time to recreate a papertrail. Get them to send you copies of your statements from before the erroneous charges. talk to them on the phone. get names and addresses from now on. Then, followup w/a letter reconfirming that they will send you copies of your statements w/in xxx days. Also, in the letter, reiterate the details of what's gone on. You'd paid, you saw fraud charges, you reported it within the timely manner, you sent the affidavit (somehow they have the police report but can't find the affidavit... clearly they got the package you send)... so you've again sent another affidavit. You certainly expect them to again remove all the charges in dispute and correct the interest calculations b/c you believe this account is paid in full. YOu are very confused why the charges were removed from your account, why you were directly told by xxx that they were talking a loss on the fraud charges... and then arbitrarily and capriciously the charges were put back on. Also, question the 2 accounts they've supposedly send to the collection agency. REquest they recall the accounts as the accounts are in dispute: 1 you do not owe at all, and 1 had fraud charges on it that they are now again correction. Why on earth are there even 2 accounts??? At the end, you may say that you'd like to have a copy of all original agreements you signed w/them and copies of all payment histories and call logs they have for your account. Since there is so much confusion... and since somehow their computer has proliferated your 1 account into 2, you'd now like a complete validation of everything they say that you owe on the account. do this letter to DMB in a friendly but firm manner. It's all in an effort to help them resolve this erroneous matter. Oh, also put in the DMB letter to please either remove all tradelines from the bureaus until this is resolved or, at the very least, make certain to put the notation that the account is in dispute. AND Dispute with the CRAs as "erroneous" etc. Balance, history, left to pay. all of it Then once the bureaus have your disputes... wait 2 weeks and request copies again. See if they say "in dispute". The creditor has to do that... and it's often not done. It's an easy FCRA violation for you to bust them on too. From now on, you need to followup important conversations w/letters sent certified... yadada. you must prepare for a fight. that will help you. Do they have online account access? you could print them from there. While that's going... they've turned 2 accounts over to a collection agency, right? AND Send validation letters to the collection agency. They will have to cease and desist while validating. they won't be able to validate this mess. they'll have the accounts recalled. This is such a mess the original creditor should recall the accounts at your request anyway.... Well, that'll keep you busy. 1. stmts etc and letter to DMB 2. disputes w/all 3 CRAs 3. Validation letter to the collection agency for 2 accts. Have fun I bet when this is all over you walk away w/a check. someone is going to keep dropping the ball. everything goes cert rrrequested. Remember... if it's not in writing it doesn't exist.
Thanks Marie...!! Thanks much for your help.....!!!!!! I will get started right away building my case! I have to call them in the morning to talk with the analyst Daniel. As soon as I get off the phone I will write my letter to be sent RR mail...!! Sorry I didn't make myself clear enough...!!! Actually they have two accounts under My Credit Account Information and they send one back and fourth to a collection agency. I have disputed with two collectors already. They will put it on my report and as soon as I dispute with them they take it off. But.. DMB had not removed either of the accounts!!
