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MBNA Plays Dumb and Dumber?


Determined1
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I had a credit card account with MBNA that was charged off somewhere in early 2000. It never went to aribitration, and although it will fall off my report next year, I wanted to speed along the issue, so I wrote them for proof of the debt. My letter was taken from the sample letters on this site, and referenced the partial account number shown on my credit reports, which shows 12 of the 16 numbers in the account number, followed by xxxx.

They replied to me saying they cannot answer my request for proof or account information based upon a partial account number, and if I will reply to them with the full account number they will look into the matter further. What was cute, and I think intentional in their reply was to send me back their cover letter with a copy of my letter, stamped as their copy - but in the copy of my letter they left out my 1st page which showed the partial account number, my full name and address.

Of course with my name, full address and this partial account number they could locate the account, which is why their reply is so curious to me.

So here's my question. Do OC's send the full account numbers to the CRA's, who then block a portion of the full number for privacy purposes?

Or do the OC's send a partial account number, and then the CRA's only report what they have?

I am thinking of taking MBNA's reply, captioned with my copy of the full original letter and sending it to the CRA's as new info in an updated dispute and proof the OC can not or will not validate the account. Has MBNA answered me properly, or given me the ammo I need to delete this?

Any thoughts on this?

Thanks!

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The FACTAct mandated that CRAs block full account numbers on reports so that the whole account number could not be intercepted by an identity thief if the mail or internet session was intercepted. The CRAs do maintain the full account number internally.

My first thought on this was that I hope you did not put MBNA on alert. Now that it is close to falling off your reports it is probably close if not past the statute of limitations. But that does not mean they cannot take your letter as some sort of twisted admittance of account and try going after you under a reset SoL.

Personally I would have been patient and waited the extra few months for the lineitem to expire on its own.

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According to my reports, the item would not fall off for another full year.

I already know it never went to arbitration, and its well past SOL, so how can they legally re-age or collect without being in obvious violation of the law?

I will not write back with the full account number, because it seems to me they are asking me to validate the account for them. However, now that I wrote to them and they would not provide evidence of the account or debt, do you guys think this correspondence is sufficient to send to the CRA's for deletion? (or could that cause me a problem?)

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I already know it never went to arbitration, and its well past SOL, so how can they legally re-age or collect without being in obvious violation of the law?

Because arbitrators are not required to follow the law. SoL doesn't mean beans in arbitration proceedings. And, since they have a mandatory arbitration clause it probably would never come in front of a real judge. They can get an arbitration award on you then take it over to the county clerk where you live to have it enforced.

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Bet me they provided a new TOS to the arbitration panel, not the one that was in effect when it was charged to profit and loss. AMEX tried to pull that one on me in my suit against them. Thankfully they were stupid and marked the bottom of the TOS with the revision date, which was after the charge-off (for the record and full disclosure my case was corporate ID Theft where the company used my SSN to open accounts without my permission)

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Methus, I wouldnt bet you that a CA, JDB or even credit card company would not do something like that, as I know they would. However, in this case the reason I feel it didnt go to arbitration, and cant now is the debt was sold and resold to numerous CA's, and none of them have tried to collect as the result of an arb award or judgment. I feel if either had taken place, it would have shown on my reports by now (as certainly everything else did!). I guess they could try to re-acquire this debt now, and pursue that course of action, but 6 years later and proof of having sold the account in my hands would make them look pretty damn bad in any court.

I have a new attitiude toward these CC and CA folks, whose debts I was only unable to momentarily not pay due to a serious injury - bring it on folks. I'll meet them in any court, anytime, and when I win my countersuit, I'll take a full page ad with those funds and publicize the results encouraging others to do the same. I refused to go BK due to an injury, and refuse to let them interrupt my life, liberty and pursuit of happiness for another day!

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One thought is you could always tell them that you don't know the acct number because it's been SIX YEARS. Reiterate (include a copy) that you sent them your name and address info (write "see enclosed copy from previous correspondance) and that they can find it with that.

I hate MBNA. :evil: They're trying to collect on a debt from dh that's like 7-8 yrs old!!! His ex ran up their CC--

Elyse

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I dont believe MBNA cant locate my account. Their reply seemed to be asking me to validate the acount for them, which I wont do. I may be determined to fight and win, but I'm not going to help them too! I was just looking for info to send the credit bureaus, because in fact I dont have these account records anymore and needed to confirm the actual date of first deliquency. I think I have enough proof they cant validate the account...

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