I need good advice again. I just got a letter for this company that says they bought (my) MBNA account and will settle for 50% of 16,856.42. I did not ever apply for any card with MBNA. This is the same fraud account that was opened in 01 and sent to an out of state address. I was notified on 2/02. It was charged off in 4/02 and then an attorney tried to collect but they would not Validate so it was then sold to Collect America in 11/02, they did not Validate. I got all the CR cleared but CSC. Please tell me what to do now. Can I just write them a letter and tell them I will sue if anything goes on the CR. I had never had a problem until this happened in 02. I still can not understand a bank sending a high CL card to an address that was not on CR without contacting the only address that has been on CR for 20+ years. Now the CR has been looked at by many collectors that never had any PP to pull. Thanks sorry so long
Does MBNA know it was a fraud account? Do you have any documentation from communications when you first found out about it?
Yes, MBNA knows it is a fraud account. MBNA would never send anything in writing. They only called. Everytime they called I asked for vertication from them, but they did not send anything. They may have sent something to the address they sent the card to. I am so tired for this mess. Our credit report were perfect, no late in all the years we have had credit. Now Chase has raised our rate to 24% but they not been able to charge any interest because we pay in full every month. My understanding is this MBNA card was applied for on the internet, so I don't know information they have. All they told me was the charges on the account were cash advances, not even where they were made. I will not pay for something I never had! What upset me so much is all the people that have had excess to our personal information.
Companies will continue to buy and sell the account. You will want to request validation again, again requesting complete historical documentation, application, invoices, etc, and tell them that you never applied for an MBNA account. You will also want to try to keep it from getting bought or sold again and going through this cycle as often as they can try to force you to. You will want to add the following clause "Notice to agent is notice to principal. Notice to principal is notice to agent. Applies to all successors and assigns." I add this to all of my correspondences now, essentially this just says that when you tell this company, you are also telling MBNA; and anyone else who they attempt to sell the account to as well. If you have the documentation from when you found out about this account, have it handy; I would not recommend giving it to the CA, at least yet, but have it ready. You don't want to give the CA anything until after they validate, and in this case that would be providing the forged application so that you may have actual physical evidence against whomever opened this account up. But, if you have not talked with MBNA regarding the fraud, you will want to do that now, because once they've sold the account, the account will keep going around. In the sample letters forum there is a special validation letter designed for when the account was dumped on another company by a CA who could not validate it, this is the time where that would be the appropriate letter to use.
I appreciate the help in this matter. Jam237, do I put this notice on the validation letter. I just want this to go away. I am too old to have this to contend with. Even if they were willing to settle for $1.00 I would not pay. It is not my debt.
I need the help of all of you good people. I am having problems trying to write this letter. I guess I'm just too old. I don't know if I should tell them that MBNA, The lawyer in Oregon, Collect America had never sent Validation,even after many requests I don't see how anyone can say this our debt when we never had the MBNA card to use. If we had applied for this card and it was sent to our Address in Texas, and we had used it. Yes I can see how they could validate but this card was sent to an address out of state, we never had the card and have no idea where the charges were made. All I was ever told was it was for cash advances. I know you are getting tired of my problems but I sure need to write the right letter. I just want this to stop, it has been way too long. Thanks
Check out this form letter, in the form letters forum. And then you can add the clause that I had mentioned as well to try to stop this account from being bounced around any further. http://consumers.creditnet.com/stra...ad.php?s=&goto=newpost&threadid=38945&pgnum=1
