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Secured debt w/fraud

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    Secured debt w/fraud

    Hubby has an account that he opened but had fraudulent purchases made on it. He has been disputing this account since 2005 and we have copies of all letters and certified receipts for the letters. The creditor has sent him a letter telling him he has to 1)surrender the property 2)pay for the property in lump sum 3) reaffirm the debt. I listed it as an unsecured debt since the amount they are claiming he owes is strictly for the items he never purchased. I have been trying to figure out exactly what to tell the company. My current thought is to send a letter back and tell them the account has been under dispute since 2005 for fraudulent transactions (purchases and a couple of payments). And also tell them they can contest the debt and I will provide the BK court copies of all letters and proof of fraudulent transactions and let the judge decide. I'm sure I have enough paperwork to prove the fraudulent transactions. Is there a better way to handle the account? I also considered just ignoring the letters from the company and seeing if they file an objection. So far, only 1 CC company has filed a claim but no objections have been filed.
    Filed 9/5/07
    341 10/4/2007
    Last Day for Objections 12/3/2007
    DISCHARGED 12/4/2007

    #2
    Originally posted by genseeker View Post
    Hubby has an account that he opened but had fraudulent purchases made on it. He has been disputing this account since 2005 and we have copies of all letters and certified receipts for the letters. The creditor has sent him a letter telling him he has to 1)surrender the property 2)pay for the property in lump sum 3) reaffirm the debt. I listed it as an unsecured debt since the amount they are claiming he owes is strictly for the items he never purchased. I have been trying to figure out exactly what to tell the company. My current thought is to send a letter back and tell them the account has been under dispute since 2005 for fraudulent transactions (purchases and a couple of payments). And also tell them they can contest the debt and I will provide the BK court copies of all letters and proof of fraudulent transactions and let the judge decide. I'm sure I have enough paperwork to prove the fraudulent transactions. Is there a better way to handle the account? I also considered just ignoring the letters from the company and seeing if they file an objection. So far, only 1 CC company has filed a claim but no objections have been filed.

    I worked in credit card services for while and know that nothing can be in dispute that long . ever!. the company must have came to the decsion that it is a valid charge of your husbands. This happens sometimes if they send a letter to you asking for some type of responds -you dont get it or ever respond.. or your paper work and phone calls could have been mis handle which happens alot.. I would do this .. and it work .. go to www.bbb.com and file a complaint trust companies respond quick and the situation gets handled by someone who cares about the company rating with bbb. Thats if you choose to pursue the charges getting taking off. I like to cross my t's and dot my i's sooo I would. But good luck
    *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
    *Last day to Objection 02/19/2008 :yahoo: [x]
    *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
    TransUnion 538 Experian 519 Equifax 531

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      #3
      If this is an unsecured debt, did you list it with an "X" in the "disputed" column? Also, what kind of account is it? Is it a line of credit strictly for a specific business or a bank card?

      Also, that is mighty quick for a claim to be filed.... are you an asset or non asset? I checked Pacer tonight and the only activity is the BNC notices, which I got today in the mail.
      CH 7 File Date 11/09/2007
      Discharged 2/22/2008
      Closed 2/25/2008

      Comment


        #4
        My husband had fraudulant charge for 125 on his crap one card. We disputed. They sent a letter asking for info. I typed up the letter and mailed it with all the info they requested. 3 weeks later we got a letter saying they were going to close the dispute if we didn't provide the info requested. So I called. They said they HAD received it. But I sent it again via fax just in case. Lo and behold. Same letter 3 weeks later. I called again. They said they didn't understand why it kept happening. i was providing line for line the info they were requesting. It was like they were never getting it but they were. Finally they sent a letter saying they had closed the dispute because they never received the information requested. I sent letters called, to no avail. Finally just gave up. My time is worth way more than 125 dollars. Just goes to show you that now matter what you do they don't always do their job, huh?
        Chapter 7 Pro Se....Discharged Feb. 2006

        Comment


          #5
          Originally posted by cindylynnsmith View Post
          My husband had fraudulant charge for 125 on his crap one card. We disputed. They sent a letter asking for info. I typed up the letter and mailed it with all the info they requested. 3 weeks later we got a letter saying they were going to close the dispute if we didn't provide the info requested. So I called. They said they HAD received it. But I sent it again via fax just in case. Lo and behold. Same letter 3 weeks later. I called again. They said they didn't understand why it kept happening. i was providing line for line the info they were requesting. It was like they were never getting it but they were. Finally they sent a letter saying they had closed the dispute because they never received the information requested. I sent letters called, to no avail. Finally just gave up. My time is worth way more than 125 dollars. Just goes to show you that now matter what you do they don't always do their job, huh?
          Yeah that sometimes happends ... sorry it happened to you.. but 125.00 yeah thats not worth the stress but on the phone there is only so high you can go.. mananger team lead etc. which most of the time want you off the phone asap because we have AHT average handle time for calls if its too long ( too many issue ) it will mess up our aht. Now this is no reason to treat you that way and mishandle your dispute but some do just to get you off the phone or just dont know... but like I said what I would do is contact www.bbb.com file a complaint someone will get back with you asap... if not do what poster above said.. either way a little more work will have to be done .. good luck and god bless
          *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
          *Last day to Objection 02/19/2008 :yahoo: [x]
          *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
          TransUnion 538 Experian 519 Equifax 531

          Comment

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