admin Posted January 24, 2005 Report Share Posted January 24, 2005 Hey all, I just discovered that MBNA is messing with my credit report...I pulled my credit report on Dec 24 for all three bureaus to test out the new FACTA free reporting system and noticed on an account that I closed last summer that all of the sudden they are reporting me late in Nov 2003 on my EX and TU reports. 1. I disputed with Experian and TU and Experian came back "verified". Still waiting on TU, it has been over 30 days now. I called MBNA and they said they had nothing to show that I a) was late and when they decided to report this information on my report. They said they would send me a payment history on my account on Jan 11. Nothing yet.2. I have a credit report from Experian, TU and Equifax showing that this account was reported "Paid on time" in Sept 2004. 3. I have just sent a request for verification to EX on Jan 21, and sent a formal request for payment history to MBNA on Jan 21.4. I just pulled my EQ report and now it is showing late on my EQ report for MBNA.I am hopping mad. My scores for all three bureaus have dropped 20 points.In my opinion, I have MBNA on:1. Failure to report correctly2. Failure to report as "disputed".3. Failure to conduct a reasonable investigation on my payment history4. Failure to notify me on adverse action per the new FACTA laws. I have TU on:Failure to finish investigation within 30 days.My current plan: Give MBNA 30 days from Jan 21 to send me payment history before filing suit.Thoughts?Johnson v. MBNA America Bank, NAOn 2/11/04, the 4th Circuit Court of Appeals handed down its decision in this appeal, affirming a judgment entered against MBNA following a jury verdict in favor of plaintiff Johnson on a claim that MBNA violated the Fair Credit Reporting Act by failing to conduct a reasonable investigation of plaintiff's dispute concerning an MBNA account appearing on her credit report. MBNA's first contention was that the district court made an error when it ruled furnishers of credit information must perform a "reasonable" investigation of consumer disputes. MBNA, in essence, says there isn't a qualitiative component to the investigation provision that would allow a court or jury to assess whether the creditor's investigation was reasonable. The Court went back to the plain meaning of the term "investigation" and concluded it would make little sense to believe that Congress would use the term "investigation" to include superficial, unreasonable inquiries. The court therefore held that creditors must indeed conduct a "reasonable" investigation of their records after receiving notice of a consumer dispute from a credit reporting agency. The next issue, then, was whether the jury's determination that MBNA did not conduct a reasonable investigation was supported by the evidence. The Court looks at the steps MBNA took and finds that a jury could reasonably conclude that MBNA acted unreasonably. Although the disputed credit account was for $17,000, the jury found that Johnson's actual damages stemming from the incorrect information furnished by MBNA totaled $90,300. After finding that MBNA had negligently failed to comply with the FCRA, the jury awarded Johnson $90,300 and that verdict was upheld on appeal. There are many other issues discussed. Read the Court's opinion for complete details. Link to comment Share on other sites More sharing options...
DocPC Posted January 24, 2005 Report Share Posted January 24, 2005 Name the CRA's as co-defendants. They can point fingers at each other in front of the Judge. Link to comment Share on other sites More sharing options...
admin Posted January 24, 2005 Author Report Share Posted January 24, 2005 Name the CRA's as co-defendants. They can point fingers at each other in front of the Judge.LOL! I might just do that. I think I should give MBNA at least 30 days to get back to me, however, don't you?One more thing, anyone know the legal rep within MBNA so I can send my ITS letter directly to them? Link to comment Share on other sites More sharing options...
DocPC Posted January 24, 2005 Report Share Posted January 24, 2005 Name the CRA's as co-defendants. They can point fingers at each other in front of the Judge.LOL! I might just do that. I think I should give MBNA at least 30 days to get back to me, however, don't you?One more thing, anyone know the legal rep within MBNA so I can send my ITS letter directly to them?I'd give them 10 days, but I'm a prick... Don't know who the legal rep is. Link to comment Share on other sites More sharing options...
Leadhead Posted January 24, 2005 Report Share Posted January 24, 2005 Name the CRA's as co-defendants. They can point fingers at each other in front of the Judge.LOL! I might just do that. I think I should give MBNA at least 30 days to get back to me, however, don't you?One more thing, anyone know the legal rep within MBNA so I can send my ITS letter directly to them?When I want a company's legal department to review a letter, such as ITS or whatever, I send it to their registered agent, either in my own state or their headquarters' state registered agent.Works every time and they usually respond a few days after they get it. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 24, 2005 Report Share Posted January 24, 2005 good idea ledhead Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 24, 2005 Report Share Posted January 24, 2005 go to the corporate website at mbna america and pull down the 2004 annual report, that should get you the name and address for the general counsel Link to comment Share on other sites More sharing options...
Leadhead Posted January 24, 2005 Report Share Posted January 24, 2005 Yeah...I got tired of trying to track down addresses, who to attention it to, etc.I thought a reg. agent would immediately forward it to their corporate counsel. Done it five times so far... I always hear back in a few days. Link to comment Share on other sites More sharing options...
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