I just got a letter that they had bought the MBNA charge off that doesn't belong to my husband. We have tried from the first time we learned of the account to get MBNA to send something that would show as his debt, nothing but phone calls that started in Feb. The account was opened in 6/01. and sent to an address that we had never heard of. There must be some law that they would have to notify you at the address or phone number on the CR they pulled.Well MBNA turned the account over to Daniel Law Firm in Oregon in 5/02. Sent validation letter to them in 6/02 never got anything from them. Now got letter from CACV that they say the bought it and are trying to collect. So far our information from our CR has been pulled by MBNA, Gordon, and now CACV, even though he never applied for the MBNA account. I am about at wits end. I sure wish the credit bureaus would require a password to pull the report. What do I do now?
First off, take a deep breath and relax. You're not alone; a lot of folks have gone thru the very same and/or similar ordeals. Read thru the postings on this board (and any other credit board), read the FAQs and you'll start to get a feel for what you need to do. If it were me, I'd start by disputing the listings with all the CRAs. Then, I'd send a letter to all involved parties: "This is not my husband's account, we never lived at this address, check your records, send me any and all proof that this is Hubby's account, etc." It sounds like this might go away pretty easily, just be thorough and don't feel intimidated. Send the letters Certified Return Receipt Requested and keep copies for yourself. While you're at it, you should double check all the other items on your credit reports. This is how a lot of folks find multiple errors that they didn't even know about. Sometimes it's a blessing in disguise. If you don't understand something or need more advice, be sure to ask questions here. Don't post any names or account #s, etc., though. Good luck !
Thanks! I guess what is so frightening is the number of people who now has excess to his identity. Since all the CB inquiries have been hard inquiries all his personal information and credit card numbers are available to all the companies. I know I have talked to at least 40 different people already from these places and I was told they had the report in front of them. I just want someway to protect ourself's against this ever happening to anyone else. Our credit report was perfect until this happened and now alot of accounts have raised int. and I had to beg I company to reconsider closing our 10,000 credit line that was over 25 years old and always paid on time and in full. awe have always been very careful that if we charged something that we could pay when the bill came in. We just got turned down for 80,000 loan because of this charge off that isn't his. I think I get madder everyday.
Ohhhhhhh, that's a whole new story now. You can sue for damages, based on FCRA violations and inaccurate reporting. The CRA, the CA and alleged OC would probably ALL be liable. I would consider consulting an attorney in this situation. The more validation demands you have on paper, the better, though. Damages would be based on interest rate hikes, denial of credit, etc. due to the erroneous listings. Please do keep all of us informed. You might also want to check out www.creditcourt.com and get some insight from Christine and the folks over there. Sounds like you've got a winning case on your hands !
I might be wrong, but I'm pretty sure CACV, INC is the collection agency Collect America. I have a charged off Chase account that they are trying to collect on. Collect America are a bunch of a$$holes so be prepared to fight them tooth and nail!
They are out of Denver, Colorado. I think I will just turn everything over to a lawyer and go after MBNA because they allowed the card to be issued to an address that was never on his CR, until they put it there. All MBNA would have had to do when the card was applied for was contact us by mail or telephone to make sure he applied for it. We have had the same address and phone number for close to 30 years.MBNA pulled inquiries every month yet did not contaact us until 7 months later even though the card was maxed out at 16,000 in 2 months. All the cards we had were paid in full every month during that time.
send 30 day validation letter dispute with CRAs after 30 days send 15 day estoppel letter send cease and desist letter after 15 day letter send 48 hour intent to sue and include all of your damages including an estimation of the raised interest and the missed out loan. get FDCPA and FCRA lawyer and sue. Make sure you have all documentation showing you tried to get this resolved and keep all statements that show the before/after interest rate change and the turndown letters for credit.
Sue, Sorry, should have put this in my last post but Picantel jogged my morning-fog-ridden brain. Check out www.naca.org and you can find consumer friendly lawyers in each state. You could also check www.edcombs.com , a law firm in Chicago that specializes in consumer situations. And please send your story to bud hibs at www.budhibbs.com . He HATES Collect America and I'm sure he'd like to know about your situation. I don't work for any credit repair organizations or law firms, by the way. Just friendly information. : )
I will send it to Bud Hibbs, all we have gotten from CACV so far is the privacy letter but many inavailable on caller ID. What makes me so mad, this is not his bill and yet we can't get anyone to send something that says we owe it. All they want to do is harass. It has been nearly a year now and has taken a tole on our health. We are over 60 and had no credit card problems in all these years. MBNA is the one that started all this problem and now our personal information has been spead to many people that had no right to it. That is why we are upset, not being able to stop that. The CB just keeps letting anyone pull hard inquiries and that is not right. Thanks for all the information.
Sue, You posted this problem back in May. Eric gave you 8 suggestions to deal with the situation. Did you use any of them?
I have done everything that was suggested but with no results. I appreciate all the help I have gotten for the board, plus a place to vent over injustice. Also I never realized the many problems people have with vultures that prey on people with problems. I had gotten his reports cleaned up but now it looks bad again. CSC is the only one that I have had problems with. IN 2/02 I send CRRR to them they did not ever put in dispute, that I know of. I finally called in 5/02 and was told the MBNA account was deleted but now there was the same account information with a different # finally 5/02 I received that report with the new number still did not show in dispute even thought they were informed that we had never had an MBNA account. I sent another CRRR after I finally received the report in 6/02 I still have not gotten any more reports so I have no way of knowing if it was taken care of. I have only received two reports. I can not pull a report online with CSC. Thanks for all the help and I am sorry this is so long.
