Collection account

#1 06-15-2005, 04:57 PM

Hello Forum,

I have one questions on the best way to proceed. I sent a CPN to MBNA Credit Card company. They took my CPN back in Jan 05 but did not update account until May 05 making it appear I was late, in fact I paid it off in full. I just pulled a report to buy a house and it reflects the accout is in collection. Should I send another letter requesting verification of this alledged debt to the CRA or send a letter to MBNA requesting an answer as to why they reported to the CRA the account is in collection, or both?

Most of the items I requested have been deleted except for 3 including the one listed above. The CRA's placed a fraud alert on one of the items but not on the other two. I am not seeking legal advice. Thank

fastej34

seeker · #2 06-15-2005, 07:45 PM

Ask the CRA to provide verified validation of the account -- on the next letter, (because they are going to tell you that 'validation documents are not available) -- tell them to supply the verification and the process by which it was obtained and the living soul who signed the documentation under penalty of perjury.

Then do a default on MBNA -- they will send to collection attorney and they will try for arbitration. Do not agree.

Seeker

#3 06-16-2005, 03:45 PM

Seeker,

Thanks for your response. I understand what I need to do for the CRAs. I just do not follow when you say do a default for MBNA. Can you elaborate a little further? I am not seeking letter advice.

fastej34

seeker · #4 06-17-2005, 01:37 PM

MBNA -- where does it stand right now? Is it closed and paid in full? Is it still showing an outstanding balance? You need to ask them to validate the account -- if you CPN was not applied, then where is it? Since it was not returned to you within a specific time limit (did you give them one?), what did they do with it? Make sure you include an Affidavit with it and use a notary acceptor to validate if a response is received within 10 days. (or you can give them more if you are more generous) Check other threads and the download section for more on this --

Don't let them run over you!

Seeker

Leiahi · #5 06-23-2005, 02:22 AM

CPN's at all times, have value, they may have sold it in between the time lapse. FYI, after default, full process is required for us to prevail. I think I have found an option. Will be processing by next week and update you.

Leiahi

Remedy has gone to Judicial Reveiw, non-judicial procedure, now I'm supposed to go back in with Amended Complaint, with 3x. Any one else come this far, this way?

masterduke · #6 06-23-2005, 01:09 PM

Why is there a "fraud alert" on one of the items? and not on the other two, is this all the same account, different CRA's reporting, or am I missing it completly? what is fraudulent? Your CPN/VOD?

#7 06-28-2005, 05:38 PM

hello Forum,

Sorry for the delay in response. Here is the update.

Masterduke your question. Why is there a "fraud alert" on one of the items? and not on the other two, is this all the same account, different CRA's reporting, or am I missing it completly? what is fraudulent? Your CPN/VOD?

Response: I had 3 different credit card items on the report. All three CRA's only added a fraud alert on one of the items. This item was for an apartment complex. They placed this item as fraud because I sent them a copy of a cashier check showing payment was completed in 2001 and this same entry was not placed on the report until 2004. They deleted the second item, a credit card from Discover. But for 3rd item, the MBNA credit card, all three CRAs are reporting it in their reports, this entry 3 times as listed below:

MBNA with no account number or balance
MBNA with an ending last four of the acct number and a balance
MNBA with a new acct number and a balance.

Although I have tried to contact MBNA they will not response. ALL three CRA are reporting the MNBA item is in collection. I have sent letters to the CRAs requesting copies of the documents of their investigation as to why they are still reporting this entry. They will not respond. I cannot go on-line and obtain a credit report from any CRAs. Does anyone have any suggestions? Not seeking legal advice. Thanks

Fastej34

seeker · #8 06-28-2005, 05:51 PM

The he** with MBNA, go at the CRAs! Ask them to document why they are listing the same account three times with different results for each? Which is factual and validated and what is bogus? Tell them to send you copies of what they are using for that validation, and the process used, the individual who provided affidavit under penalty of perjury?

I did this with an entry for Discover and they all were eliminated as unverifiable. Gone. This means the judgment they supposedly got was fraudulant because the CRA could not verify that the account was valid or even existed.

There ya go from personal experience.

Seeker

#9 06-28-2005, 06:02 PM

Hello Seeker,

Thanks for your response and your suggestion. I will prepare my correspondence and will update the forum with my results.

fastej34

#10 07-04-2005, 06:42 PM

Hello Forum,

I have been reading a few posts and I have not found a post addressing my question or maybe I may have missed it. I was wondering if when you send a letter to the CRAs asking for certified verfication of an XYZ item, and at the same time the creditors file a lawsuit on the XYZ item, which one should you address first. Do you continue to ask the CRAs to validate the XYZ item or focus your attention on the lawsuit at hand? This is just a question on my mind. I am not currently dealing with a situation like this I was just wondering. Any thoughts?

fastej34