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In 1998, petitioner sold his home in Topeka, Kansas. In May
1999, petitioner purchased a new home. Between the time that
petitioner sold his former home and moved into his new home, he
received mail at a post office box address.
In the fall of 1999, petitioner received a statement from
MBNA reflecting an outstanding balance of approximately $36,000.
Petitioner contacted MBNA, stating that approximately $30,000 of
the charges were not made by him. MBNA informed petitioner that
such amount was traceable to a convenience check.2 Petitioner
offered to pay MBNA $6,000. For about 6 months thereafter,
petitioner made monthly payments to MBNA of $200-300. Sometime
in 1999, petitioner’s MBNA card was canceled.3
In 2000, NCO Financial Systems, Inc. (NCO), contacted
petitioner on behalf of MBNA to collect the outstanding balance
on petitioner’s MBNA card of approximately $36,000. NCO’s “Fact
Sheet” indicated that the “status” of petitioner’s account was
“settlement” and that the “collection unit” was “purchase
dispute”. Petitioner informed NCO that the charges were not his,
that he had a lot of debt that he could not pay, and that he was
willing to pay only $6,000.
2 Petitioner admits that he has used convenience checks
against his MBNA card in the past.
3 The record does not disclose whether petitioner or MBNA
canceled the card.
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Last modified: May 25, 2011