David O. Alegria - Page 4

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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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