Re: MBNA Visa authorized user account problem
- From: alfalfa@xxxxxxxxxxxx
- Date: 2 Jan 2006 19:14:39 -0800
>Shawn Hirn wrote:
> In article <1136214066.996717.246610@xxxxxxxxxxxxxxxxxxxxxxxxxxxx>,
> alfalfa@xxxxxxxxxxxx wrote:
>
> Do you have any proof in writing that you requested the account be
> frozen? If your only communication with MBNA about this issue was by
> phone, you're screwed. You should have followed up all phone calls in
> writing and used certified mail, return receipt requested.
Recently I sent MBNA a certified mail return receipt requested letter
challenging the debt according to the criteria of the Fair Credit
Billing Act. Since they made the mistake of putting my name to the
other user's address, I would be making my request to write-off the
debt within the 60 day limit for challenging unauthorized charges,
because they have yet to send statements after the bankruptcy date to
my name and address, even though they were supposed to, because they
mistakenly mis-matched my name to the other user's address. I do not
have much proof in writing, because I did not know at the time how much
these credit card companies stonewall if everything important is not
documented certified mail return receipt requested. In retrospect it
is obvious that "if it isn't in writing it never happened" is a defense
that they exploit to the full to prevent anyone from escaping any debt,
whether or not the debt is their fault. They just want their fuckin'
money, they won't concede a dollar to anyone or give the benefit of the
doubt, it seems, even if it is their fault.
But, according to the Fair Credit Billing Act, if the disputer demands
written documents, the credit card company is obliged to supply the
documents if they exist. I demanded transcripts of phone conversations
around the time I requested the account be frozen. I also have in
writing the date that I demanded he be taken off the joint account
about two years ago, and the date when he was actually taken off, and
that this is also the date when he was no longer authorized to use the
account. But MBNA still let him go hog-wild using the renewal credit
card they sent him well after the date when I made the request to
remove him from the account, and also well after the date when MBNA
actually took him off the account. Just what the *** exactly does
"unauthorized user" mean anyway, if a credit card in the unauthorized
user's name can still be used at will? There certainly should be a law
preventing an unauthorized user from using a credit card in his name
from the day that the card company makes him unauthorized. Ooops, why
would such a law be passed, considering that MBNA donates tons of money
to the Bush administration?
It seems obvious to me that MBNA skillfully profiteered off a situation
where there was a two-user account, and one creditor was good while the
other was bad. In retrospect they seem to have made "mistakes" that
allowed the poor creditor to withdraw money for as long as possible.
Along the way they conveniently jacked up the maximum credit line
without authorization from the primary user. This is of course more
pure profit to them than a mafioso, loan shark or defense contractor
would make. Of course, with 25% interest, $40 late fees and other
kinds of ***-fees on an account of thousands of dollars, one can see
how those slick motherfuckers can hook in a lot of victims into an
endless cycle of debt, with minimal payback on the principle.
The question is: if the FCBA inquiry forces them to admit wrong-doing,
will that result in a write-off of part of the debt?
--Two-user account dumb-ass fucked over by MBNA
.
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