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Discrepancy in my money owed

Submitted by on Tue, 04/12/2005 - 06:58
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i need some words of advice, can someone help me please?
I used to have a credit card with mbna, many years ago. I've paid mbna all my credit card bills timely. I have no charges outstanding.
about 5 years ago, i've decided not to use the credit card again, and i cut it into 4 pieces and threw it in the garbage.
for the one year prior to me having moved to israel back on november 2001, i was completly clean with who i had owed money to.
not once during that year, have i received a notice, or a bill from mbna stating that i owe any arreares.
on around november 2001, i had moved to israel, and my mail was still being sent to my mom's house in new york. my mother is over 80, has no knowledge of the english language.
i've just visited my mom about 3 months ago in new york, and was going through all my mail that, i had missed opening since the 3 years i had been away.
i came across a letter from a collection agent, stating i owe around $5,700.00
as soon as i got back to israel, after my vacation, i got intouch with the collection agent, and inquired as to what i owe the $5,700.00.
I told him that, as far as my recollection goes, i did pay timely and owe no money to any credit card companies.
the collection agent himself, stated, yes he agrees, that my credit is clean as a whistle.
so i asked him, as to why i owe this amount of money.
his reply was, that it could of possibily been, either that, when i made my last payment, it crossed on the computers, and remained there. and most of all, the reason is that i never called mbna, to tell them to close my account.
frankly, i see no justice here. if this amount included items that i've charged, and overlooked, i'd gladly pay them.
but in this situration, it's all about that i didn't call the bank to close my account.
he than asked me if i'd like to settle, and yes i told him
that i'd like to, and for him to consider that, i wasn't in the states for the last 3 and half years. and to consider, that as soon as i found this collection letter i did get intouch with him to straighten it out.
he's only willing to settle my account to $4,800.00
i'd be more than willing to pay him $300.00 just to get it straightened out
and get my name off the credit reports, and he wasn't willing.
than he asked me, what were my reasons for having come to live in israel, and i told him honestly, that i have two daughters, who live here with their dad, and needed me.
he wasn't too pleased with my reply, and kind of telling me off, as what nerve do i have, to go and be with my daughters in israel, and counting my pennies.
he wasn't pleasant at all, and not willing to work things out
all he wanted was that i pay $4,800.00 for things that i've never bought, and for the reason that mbna never closed my account.
when indeed i thought by ripping the card up and throwing it in the garbage, yet i owed nothiing to them, my balance was zero.
i really am looking for some words of wisdom and some advice, of how i can tackle this issue, considering that i'm here in israel at the present time.
also, to be considered, that the last time i had anything to do with this mbna card was about 10 year ago, if not more.
thanking you in advance
rachel


Rachel,


Ask this collection agency to Validate your debt so that you could have proof that you are paying a debt that you truely owe.

Look in the Self Help section of the Letter archives of this site to help in drafting such a VOD letter, If the account is truely over 10 years old, it may also be past the SOL, But your two statements seemingly contradict each other:
Quote:

i need some words of advice, can someone help me please?
I used to have a credit card with mbna, many years ago. I've paid mbna all my credit card bills timely. I have no charges outstanding.
about 5 years ago, i've decided not to use the credit card again, and i cut it into 4 pieces and threw it in the garbage.

Quote:
also, to be considered, that the last time i had anything to do with this mbna card was about 10 year ago, if not more.


So this is a little confusing as to what time frame you are meaning..

Also, by cutting your Credit card up ointo only four pieces, it may have been fished out of the garbage and been "stolen". It is VERY important to cancel ANY crerdit cards no longer bbeing planed on being used any more, just "cutting" them up does not "cancel" the account.

Also, I think you should contact MBNA and ask for a statement of your account and as to what the charges were for, where the said charges took place and proof that you made these charges, as you have not been in the Country for some time now.

You do not have to enter into a agreement at this time to repay any debt that you may be in doubt about? Get the facts of this debt straightened out first.

Jerry


Submitted by jtucker on Tue, 04/12/2005 - 10:39

jtucker

( Posts: 114 | Credits: )


Yeah, I also feel the same as Jtucker mentioned in this post. Since this must have taken some time ago, so you do not need to panic for it and start paying it off. If they feel that you are in the mood to pay it off, then you won't have any proof to make this thing invalid. And any gap in between will further put you into more troubles of delaying it. So, think wisely, ask them to prove the transactions and if necessary, consult a lawyer for this purpose. Believe me, if you don't owe to anybody, then you certainly must be in the stronger side.

Roxette


Submitted by roxette on Tue, 04/12/2005 - 11:30

roxette

( Posts: 4009 | Credits: )


JTucker, and Roxette, i'd like to thank you both
in taking the time out, and having read about my issue, and having taken the time out to reply.
you have both been of great help, and i'll follow up with some of the advice you both have given me, so to try in clearing all this up.
Take care, and have a good night
Pupa


Submitted by on Tue, 04/12/2005 - 12:15

( Posts: 202330 | Credits: )


[quote=Pupabella]i need some words of advice, can someone help me please?
I used to have a credit card with mbna, many years ago. I've paid mbna all my credit card bills timely. I have no charges outstanding.
about 5 years ago, i've decided not to use the credit card again, and i cut it into 4 pieces and threw it in the garbage.
for the one year prior to me having moved to israel back on november 2001, i was completly clean with who i had owed money to.
not once during that year, have i received a notice, or a bill from mbna stating that i owe any arreares.
on around november 2001, i had moved to israel, and my mail was still being sent to my mom's house in new york. my mother is over 80, has no knowledge of the english language.
i've just visited my mom about 3 months ago in new york, and was going through all my mail that, i had missed opening since the 3 years i had been away.
i came across a letter from a collection agent, stating i owe around $5,700.00
as soon as i got back to israel, after my vacation, i got intouch with the collection agent, and inquired as to what i owe the $5,700.00.
I told him that, as far as my recollection goes, i did pay timely and owe no money to any credit card companies.
the collection agent himself, stated, yes he agrees, that my credit is clean as a whistle.
so i asked him, as to why i owe this amount of money.
his reply was, that it could of possibily been, either that, when i made my last payment, it crossed on the computers, and remained there. and most of all, the reason is that i never called mbna, to tell them to close my account.
frankly, i see no justice here. if this amount included items that i've charged, and overlooked, i'd gladly pay them.
but in this situration, it's all about that i didn't call the bank to close my account.
he than asked me if i'd like to settle, and yes i told him
that i'd like to, and for him to consider that, i wasn't in the states for the last 3 and half years. and to consider, that as soon as i found this collection letter i did get intouch with him to straighten it out.
he's only willing to settle my account to $4,800.00
i'd be more than willing to pay him $300.00 just to get it straightened out
and get my name off the credit reports, and he wasn't willing.
than he asked me, what were my reasons for having come to live in israel, and i told him honestly, that i have two daughters, who live here with their dad, and needed me.
he wasn't too pleased with my reply, and kind of telling me off, as what nerve do i have, to go and be with my daughters in israel, and counting my pennies.
he wasn't pleasant at all, and not willing to work things out
all he wanted was that i pay $4,800.00 for things that i've never bought, and for the reason that mbna never closed my account.
when indeed i thought by ripping the card up and throwing it in the garbage, yet i owed nothiing to them, my balance was zero.
i really am looking for some words of wisdom and some advice, of how i can tackle this issue, considering that i'm here in israel at the present time.
also, to be considered, that the last time i had anything to do with this mbna card was about 10 year ago, if not more.
thanking you in advance
rachel[/quote]

Definitely do not enter a settlement agreement with them. Especially if you are sure that the error is with their company. Do you have a receipt of your transaction? Did you pay this bill with your debit card or checking account? If so, then you may have a record of this transaction.

Given that your credit report is clean, that is strong support for your claim that you did fully pay the account off. Because on your credit report, they keep record of how many times you miss a payment. And these missed payments reduce your overall credit score. However, if your credit score has remained unchanged in these past few years, that would bolster your claim that you paid it off.

Ask the company to thoroughly review their records again. If they still demand money, then I suggest that you contact a lawyer.


Submitted by benjaminz6 on Sat, 04/16/2005 - 22:28

benjaminz6

( Posts: 256 | Credits: )


Hi benjamin,

You are absolutely correct. :) I second you thoroughly.

Keep up with your good work and become a winner not only twice but for many more weeks.
:D

Cheers,
Jason


Submitted by Jason on Mon, 04/18/2005 - 02:57

Jason

( Posts: 2430 | Credits: )


hi, and thank you benjamin, and jason for your support.
i must say, keepping up with clearing up my credit report, seems like a full time job. i'm thinking of hiring a secretary ;-)))
hi to roxette and all the others. i'd like to keep you updated with the turn out, after having taken up on your suggestions.

I have sent out two "Debt of Validation Letters" from where I am presently residing, here in israel. one i sent to "CAC Financial Corp" for $2,732.12 of debt, and the second to
"LTD Financial" for $5,2220.00 of debt.
both letters were sent via air mail, registered retun receipt, and certificate of mailing on both.

In the interim I logged on with TransUnion on the internet, and have received my 3 in 1 credit report. I'm really not familiar with all this, it's my first credit report, that i have looked at.

On my credit report, there were a few revolving accounts claiming that there are balances. they also give the deatails of when these accounts were open and the date reported.

it also shows that my previous address was 1068 sheepshead bay rd, rather than 1086 sheepshead bay rd and under my name.

As I have stated prior, that I have not been in the united states for the period of november 2001 thru february 2005.

on my credit report it shows
one account being open on 06/02/2004 with a balnce of zero.
the second account being open on 05/28/2004 with a balance of $111.00
the third account being opened on 05/28/2004 past due $347.00
the fourth account being opened on 5/27/2004 with a balance of zero

on my credit report it also shows the two big amounts that i've listed on the very top, in which i have already mailed out the debt validation letters, as was suggested on this forum.

actually on my credit report is shows that my past due amount is zero on the one that the collection agency claims i owe 2,273.00

and for the other collection agency claiming i owe $5,222.00
on the collection report it shows past due amount is zero as well.

I'm feeling somewhat upset about all this, for the fact that, how can these collection agencies, just take over our lives, and we have to
go through all this fuss, of prooving our innocence.

my plans for tonight, is to write about 4 dispute letters to the companies which state i've opened accounts when i actually didn't, for the fact that, i wasn't living in new york at that time.

i would greatly appreciate any encouragement and support,
in this matter.
even though i'm now living 5,000 miles away, i still want justice in this whole thing.
only for the fact, that it can happen to any of us, being victimized by these collection agencies.

just another question, on my credit report, for each of my credit card accounts it states the condition being open or closed.
my question is, for the ones that show the condition as being open, and with a balance of zero, do i write to these companies to advise them to close my account? i no longer have their credit cards.

the reason I ask this, is that, LTD financial is claiming that i owe them the $5,222.00 for one of their reasons, is that i have never closed the card.
yet on my credit report it's showing that, the condition on this mbna card is closed with a past due amount of zero.

hope i haven't confused you all ;-))))
thanks , and wishing you all a very happy passover, and a happy easter.


Submitted by on Mon, 04/18/2005 - 09:45

( Posts: 202330 | Credits: )


geee, i'm feeling somewhat lonley, not having had any feedback on my last post.
have i wrote too much, or in the wrong room, or have you given up on me lololol
i'm still writing letters, and having them sent to the companies that, show my account being open. i'm requesting that, they close the accounts immediatly.
otherwise, the weather is beautiful here in israel, and i'm tired of doing all this passover cleaning.
have a good day to all
rachel


Submitted by on Wed, 04/20/2005 - 07:08

( Posts: 202330 | Credits: )


HI pupabella

It seems that you are a very cheerful person. And you just don't like to involve yourself in any kind of fuss. Anyways, I was just thinking of telling you to get your updated credit report for once more. As you see that there had been a mistake in your address. There might be a possibility that there is some mistake in the report also. It won't be any harm if you can get one more updated credit report. Otherwise, you can contact the companies and ask them to close the accounts. Do keep in touch


Quote:

geee, i'm feeling somewhat lonley, not having had any feedback on my last post.
have i wrote too much, or in the wrong room, or have you given up on me


Don't feel lonely as cheerful person always spread love and laughter and don't even feel that we have given up. We will do our best so that we can see you coming out of all these debt related problems very soon. :)

Roxette


Submitted by roxette on Wed, 04/20/2005 - 09:30

roxette

( Posts: 4009 | Credits: )


awwwwwwwwwwww thanks roxette
you've just lifted my heart :D
i just registered to be a member here
what a great forum this is.


Submitted by pupabela on Wed, 04/20/2005 - 10:37

pupabela

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Hi pupabela


Quote:

awwwwwwwwwwww thanks roxette
you've just lifted my heart Very Happy
i just registered to be a member here
what a great forum this is.


It's great that you have made a prospective move. Now that you have joined the forums, you will be handled with care and see that you plan your decisions wisely. Keep in touch. :D thanks for the compliment

Roxette


Submitted by roxette on Wed, 04/20/2005 - 10:45

roxette

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thank you roxette, and in addition you are also very welcome, do enjoy the holidays
pupa


Submitted by pupabela on Wed, 04/20/2005 - 12:11

pupabela

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