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Help.. how can I proove......


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Part of my case in this NAF thing is a series of three checks.. they were pushed through by a collector .. I never authorized them.. ( I used the same account to pay it in the past though.. this was three years ago before I knew better)

anyway..my lawyer wants to use this as a possible issue.. my question is this.. I KNOW I didnt approve them but since we are the plaintiffs and NOT the defendants.. how so I proove I didnt.... they were cashed and went through.. now the address on the check is a PO box I had way way long ago.. never used it for bills... (and it was closed long before this account went bad).. the bank has a different city on it.. but of course the account is the same... there was no payment.. then three in a row right after it went into collections.... all at the end of the month and I never caught them... (had alot going on then but thats neither here nor there)... and how can they proove that someone DID authorize a check.... (or can they manufacuter something..)... need help here since I need to explain to my lawyer on that I didnt miss ONE check.. but three..... I knew about the last one because it restarted the SOL.. but I didnt catch the other two until I poured through my old bank accounts of three years ago.. last night.....

I feel like an idiot.

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Wow, I didn't follow any of that :confused:

Did this happen three years ago, or did they just attempt to run the checks on an account that was closed three years ago? If this happened three years ago, how are you just now finding out? I think I missed something>

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Wow, I didn't follow any of that :confused:

Did this happen three years ago, or did they just attempt to run the checks on an account that was closed three years ago? If this happened three years ago, how are you just now finding out? I think I missed something>

no I missed something.. something HUGE!

the account was open.. still is. I have had this account for 12 years..

I had a lot of checks running through.. lost alot of income at the time business was horrid I was trying to keep afloat borrowing.. selling.. etc.. I just did NOT pay attention... on my credit report.. it had last payment on this account at 7/03.. it read that clear up until March of this year.. then I saw it change to feb.. 04.. (why would that take two years to post to the CRA)

I thought that can't be right.. so I ordered statements and sure enough the last day of the month a check passed through.. I never saw it .. I had other payments that were automatic.. mortgage.. utilities.. etc.. but those were the only ones I ever do automatic drafts on.. last night I am getting the credit reports ready to send over to the lawyer.. I notice that the account says 30 late aug of 03.. 60 late sept of 03 , 90 late oct of 03.. then it says 120 nov 03-feb 04... I go back to the previous month and again another check the last day of the month.. so there were three (need to call the bank for the other one).. I never noticed it or authorized any of them.. that account had over 75 transactions that month... NO excuse.. I watch it like a hawk now..

the account was MBNA , i went into collections according to the credit report in Aug of 03.. and nov of 05.. those checks were done after it hit collections and read payable to MBNA marketing?? (why would I do that.. why would ANYONE do that).. I have never done a credit card check by phone... never will)

I told my laywer about the Feb 04 payment. he wants to bring that up in the case as fraud.. but now three?? ITs the truth I swear but who is going to believe anyone is that freaking dumb.. HOW can I prove it.. HOW can they.. ?? I hope it doesnt piss him off.. I just dont want him to be blindsighted.. I am so mad at myself.

This is the case where Lowery and MBNA filed a NAF complaint a nearly a year and half ago.. still have not served it.. the lawyer found it talking to NAF .., (his reciept of it does NOT constitute proof of service).. made that very clear....(hmm according to the NAF site they are supposed to refile if no proof of service was done within 90 days.. why are they holding on to a filing a year and half old..) lots of things that dont add up.. including my stupidity...

. on the report it reads CACH/MBNA is the creditor and collect america is the company (oh and FYI collect america,.. CACH and Lowery are all the same.. and CACH and Collect America are NOT licensed in my state to collect here...the NACA guy feels we may have some federal issues here... which is why I am asking about the check

(that and I never used the card undre MBNA , only paid on it.... it was a wachovia card when I had it in 86 with NO arb agreement)

which reminds me.. regarding arb anyone know when the SOL is considered on this.. is it when they serve or when they file?

thanks everyone, ,I know its a lot,, call me a dumb blonde if you like :)

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