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fuzzair

NEED to SUE MBNA.......Please help!!!

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First of all, I would like to say thanks for the great education I have received reading these posts. Wish I had read them much sooner!

MBNA is reporting "Charge Off" on credit reports. MBNA made "Soft Inquiry" to answer BBB complaint.

MBNA account was charged off as a bad debt on December 17, 1998. They sold the debt to North American Capital Corporation, a collection agency, on January 1, 1999.

I filed for Chapter 7 BK in March of 1999. I received the discharge in June of 1999. MBNA was listed as one of the creditors.

I have been trying to get them to change "CHARGE OFF" to at least "IIB" for quite a while. Using the BBB as a tool, I filed a complaint with the Delaware BBB in January/2004.

I just received a letter from BBB with an attached letter from MBNA. Susan Smith, Assistant Vice President, wrote a summary of the above and added, " Public record indicates that Mr XXXXXX' chapter 7 bankruptcy was discharged on June 21, 1999. Mr. XXXXXX was charged off as a bad debt approximately six months prior to the discharge of his bankruptcy." "MBNA is accurately reporting the status of Mr. XXXXXX, account; therefore, no adjustments to his credit file or compensation is warranted."

I also noticed on my credit report a "soft Inquiry" from MBNA dated 1/2004. My account is CLOSED.

I recently tried to close escrow on an investment property. Prior to close of escrow, the bank mandated that I pay MBNA prior to funding because of the way MBNA is reporting. I had to show BK paperwork (creditors) or else the bank would not fund. It has happened quite a bit in the last few months.

I know there are opinion letters indicating reporting a "charge off" is continued collection activity. Any additional reference material would be greatly appreciated.

I need advise on how to proceed, cause of action, etc. Thanks for the help.

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MBNA is an impossible creditor to negotiate with. I also had

a charge off with them. They faught me more than anyone.

I think you will have better chances going through the credit

bureaus. If you have the time sue them. I gave up on the

idea after I got it deleted from experian.

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