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Posted: Fri Mar 23, 2007 6:35 pm Subject: is this my fault?

about 3 or 4 years ago i was about to move when i did i realized that one of my credit cards was missing i don't no if i lost it or someone stole it but i had the card canceled or so i thought i paid the remaining balance that i owed on the card to return it back to a zero balance. but come to find out my card was never cancel then when i go to check my credit report my card was in collections why i don't no because i canceled the card so it's their fault that they didin't listen now i have this creditor harassing me telling me i need to take the full amount now for something i just found out about and that's now my fault. so should i pay it or refuse to pay something that's not my fault?

TheAnswer · Posted: Fri Mar 23, 2007 6:37 pm Subject:

I would blame your grammar school English teacher.

Posted: Fri Mar 23, 2007 6:42 pm Subject:

but anyway can i please get an intelligent answer please!!!!!!!!!

Posted: Fri Mar 23, 2007 6:48 pm Subject:

If I was in your shoes I would send a dispute letter to the CA and the original credit card company. Then I would put in a dispute with the credit reporting agencies. I would also call the credit card company and tell them what happened and ask them what happened on their end and ask why they never cancelled your card.
There are more people in here that can answer this better so please check back for more answers.
My answer is just what "I" would do. I might even call a lawyer and ask their opinion on what to do about the situation. Most give advise free over the phone.

Posted: Fri Mar 23, 2007 6:52 pm Subject:

The problem ends up being, how do you prove that you cancelled it? If you did it over the phone and got no written confirmation, it would be hard to prove that you cancelled it.

I had a similar situation when dealing with Sears ... I paid my Sears card in full back in 2002, then moved and never changed my address with them. Ends up that my payment got there a couple days late, so they charged a late fee. Since I now had a balance, they kept charging a late fee and interest every month after that. 3 years down the road, that one late fee turned into a $246 balance.

I ultimately disputed it, showed them copies of my cancelled check showing the full payoff, and the wiped my slate clean.

Posted: Fri Mar 23, 2007 7:02 pm Subject:

yes i cancelled the account over the phone and never got a written confirmation but i feel when the operator says that the call will be monitored then they should have the proof their self. but i thank all of you for your advice and puddlejmpr i'm gonna ask a lawyer and see what they say.

Posted: Fri Mar 23, 2007 7:13 pm Subject:

It all maks sense to us. But who's going to use their own data as evidence against themselves? You would need to subpoeana them for the recordings, and even then they would probably come back and say they only keep their recordings for 3 months or so.

Your best bet is probably just keep disputing it and request verification of the account balance. Send all your correspondence certified, return receipt requested.

Posted: Fri Mar 23, 2007 7:15 pm Subject:

Just an FYI, "call may be monitored" does not mean recorded. If they gave you this disclosure over the phone, a trainer/manager MAY have been listening to the call. The odds are low, that even this happened, assuming a group of 6-15 collectors per manager. It is simply not possible to listen in to 10 conversations at once.

Posted: Sat Mar 24, 2007 6:57 am Subject:

blinkberry you have a very good english.i have a
terrible english and many people read my posts in this forum.debt consolidation care members never discriminate my english or my person because they are guardian angels that only want help people that really need help in this forum.i love your posts and i'm your fan already.

Posted: Sat Mar 24, 2007 11:16 am Subject:

thanks everyone for all your help it's good to know that there are still people in this world that you can count on.

Posted: Sat Mar 24, 2007 3:57 pm Subject:

I would contact the original company and try to settle it with them. Explain that you were a good customer while you were with them and that the card should have been marked paid in full with account closed. You may be surprised and they may work with you on this.