MBNA's response to 'gimme $$$'

PAE · Sep 23, 2002

here is the letter I sent to MBNA (edited for privacy):

PAE

September 7, 2002

MBNA America
1100 N. King St.
Wilmington, DE 19884

Whomever it may concern;

During a recent review of my credit reports from the three major credit-reporting agencies I was dismayed to find that MBNA America pulled my credit report on July 26, 2001 and on August 1, 2001. As you are probably aware, the credit reporting agencies regard inquiries as a statement of fact and will not allow a consumer to dispute them. They maintain that if the inquiry is on file then the company listed did in fact view the credit report. Since it is unlawful under the Fair Credit Reporting Act for a person to view a consumer report without a â??permissible purposeâ?? I am writing this letter. Since I did not apply for or receive any credit from, nor have an existing credit account with MBNA America; nor did I apply for employment with MBNA America; nor did I request insurance from MBNA America; nor do I have an existing or pending business relationship with MBNA America; I am hereby demanding my due under Â§ 616 [15 U.S.C. Â§ 1681n] (1) (B). MBNA America will forward a cashierâ??s check in the amount of $2,000.00 US made payable to the name listed at the top of this page to the address listed at the top of this page in settlement of itâ??s noncompliance, in lieu of civil action, and to prevent further damages being incurred by MBNA America (such as, but not limited to: additional damages, court costs, attorneyâ??s fees, costs of mailings, costs of service of process, etc). If MBNA America finds that I am remiss and that I did in fact initiate any of the transactions that would grant MBNA America with a permissible purpose, MBNA America will forward a copy of such documents that evidence this fact to the address listed above. I have provided below three excerpts from 15 U.S.C to help you in your research of this matter. I expect a reply no later than noon on Monday, September 23, 2002.

Thank you for your timely response in this matter,

PAE

Â§ 616. Civil liability for willful noncompliance [15 U.S.C. Â§ 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;
(2) such amount of punitive damages as the court may allow; and
(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
Â§ 618. Jurisdiction of courts; limitation of actions [15 U.S.C. Â§ 1681p]
An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.
Â§ 619. Obtaining information under false pretenses [15 U.S.C. Â§ 1681q]
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.
Click to expand...

Here is their response to me:

PAE

to: PAE
from: MBNA
date: September 17, 2002

We received your recent inquiry, which we have enclosed for your convenience. Unfortunately, we are unable to process this request for the reason indicated below:

( )Invalid account number
( )Incomplete account number
( )Missing account number
(x)Social Security number
(x)Date of birth
( )Customer authorization
(x)Date and name of credit bureau inquiry appears on.

Please make the necessary correction and return the inquiry to MBNA, PO Box 15026, Wilmington, DE 19850-5026. Our fax number is (302) 457-1286. If you have any questions, please call 1-800-421-2110
Click to expand...

They have a form letter for this????

PAE · Sep 23, 2002

Questions:

1.) Am I in any way obligated to provide them with the information they requested?

2.) Does their requesting this information make them any less responsible to answer my demand?

3.) Should I provide any of the information they requested in order to speed things up?

Note: I'm not asking them to delete the inquiry, I'm asking them to pay for viewing my credit report without a permissible purpose.....

Opinions?

Manequinne · Sep 23, 2002

Hey,

I'm not laughing at your situation, but I had to laugh at their form letter.

I bet they do this so much (pull without permission), that they HAD to make up a form letter ;-)

I don't know if you should send it or not.

I am guessing they have your SSN since they happily pulled your report 2 times.

I wish I knew.

I know this had to have happened to someone else.

Good luck......

Marie · Sep 23, 2002

wow... the form letter scares me... but doesn't surprise me.

you can include a copy (edited) of your credit report showing which bureau was pulled and the dates if they really want that... but I'd speak to a supervisor directly and send your info directly to that person only.

I would NOT disclose:
ssn
dob

1. it's none of their business
2. It violates your privacy
3. it could enable id fraud via an MBNA employee

SSN isn't identifying info anyway (Privacy act). You only need to disclose SSN to ss adm, irs, dept of ed.

I'd call someone and speak with them personally... fax them directly.... then just sue.

Marie · Sep 23, 2002

I'm going to make certain I say this right.. if you fax/mail a copy of your credit report showing the inq... leave only your name, address... and the inquiry section...

edit everything else. None of their business.

PAE · Sep 23, 2002

SSN is not relevant to my claim. A SSN is not a requirement to be issued credit, it is an account number issued by the SSA so that I can deposit funds into and collect funds out of a government mandated retirement and disability program. They pulled my credit without my SSN and they can surely research the issue without it.

But if I go before a judge will he think the same way...

(ie. Judge: "Well, Mr. PAE, Why didn't you co-operate with their investigation and provide them what they needed?")

unlikely, but still...

PAE · Sep 23, 2002

and as to their request for my Date Of Birth...

That is a ludicrous request!

What could that possibly have to do with anything?

Log in / Register

Forums

MBNA's response to 'gimme $$$'

PAE Well-Known Member

Today's Featured Deals

Low Interest Rate

Bad Credit

Bad/Limited Credit

Secured Card

Cash Back

PAE Well-Known Member

Manequinne Well-Known Member

Marie Well-Known Member

Marie Well-Known Member

PAE Well-Known Member

PAE Well-Known Member

Share This Page

Log in / Register

Useful Searches

MBNA's response to 'gimme $$$'

PAE Well-Known Member

Today's Featured Deals

Low Interest Rate

Bad Credit

Bad/Limited Credit

Secured Card

Cash Back

PAE Well-Known Member

Manequinne Well-Known Member

Marie Well-Known Member

Marie Well-Known Member

PAE Well-Known Member

PAE Well-Known Member

Share This Page