Dealing with MBNA - October 2006

10/22/06 – I checked my MBNA account via phone (yet again), and no charge had been placed from the contractor.

10/23/06 – I got the aforementioned message from the contractor that MBNA wanted me to call. (Audio pending upload)

I called MBNA and held for 15 minutes during my dinner break at work.

I spoke to a CSR named "Sheri" who saw the contractor's name in my file as he had indeed called. There were no notes that MBNA had told him to tell me to contact him.

I was transferred to the approval's department and advised "Lisa" that I did not authorize the charge, and why.

I advised her that the contractor damaged my home, and he could deal with me directly if he wanted to get paid.

"Lisa" stated she understood and that the charge wouldn't be authorized.

10/26/06 – I started to compose a letter to the contractor in expectation of a call or letter in regards to the continued refusal of the card. It took a few days to get it "right" and then I had printer issues.

10/30/06 – Mailed the following letter to the contractor (personal information removed and replaced with general terms) which included images of the new mold, the damage and the inspector's report and testing results:

On the dates of 9/18/06-9/23/06 your company did a ‘mold remediation’ at my residence.

You were supplied with a valid credit card but had trouble with your new card processing company. At your request I twice checked the validity of the card and credit line and determined that it was not the issue.

Prior to the 10/23/06 answering machine message in which you stated that you had contacted my card holder and they needed me to call, I had not, verbally or in writing, been contacted by you or your representatives, to state a continued problem with the card, its processing, and/or to seek other payment options for the mold remediation.

I contacted MBNA that same evening and was told by Lisa in Approvals that (contractor's name redacted) had stated he’d tried many times to contact me. I advised her this was untrue, and that I did not approve the charge.

It is for the following reasons that I will not be paying you the $6900 (tax inclusive):

- As we discussed on 9/23, the job was not completed to my personal satisfaction.
- Within forty-eight hours, a professional visual inspection found old, active mold growth in several obvious areas. Swab and air tests found significant active mold and moderate debris. (See enc).
- Three independent, highly skilled resources have advised me that the Dry-Lok you applied (and I had questioned your use of several times) will without a doubt, and sooner than later, cause serious perhaps even irreparable damage to the basement walls if it is not professionally removed.
- The above fact has reduced the property's market value, possibly to the extent of thousands of dollars.
- The Anabec warranty is already void due to broad water leakage through (and minor physical damage to) the Dry-Lok'd portion of the wall which abuts the driveway.
- I was left to remove the kitchen "containment" area alone. This released significant spores out into the living space, as evidenced by mold that began to grow on several refrigerator magnets within days.
- Your crew knocked out the water heater, blew a fuse, and caused a water leak at the main intake valve.
- Some of the wood beams left behind have significant damage from the removal of the wood screws.
- You and your crew were late every day, and left early. The job took three days longer than promised.

I could go on. The above items are more than enough reason for me to dispute the charges in total. However, as I am a reasonable person, I am willing to work with you directly on a settlement that will be fair to the both of us.

In accordance with the FDCPA, please consider this letter as official notice that I do not wish to have any future phone contact with or receive calls from your company, its legal representatives, or any third party vendors or collection agencies. Any communication or requests may be submitted in writing via US postal mail.

Please respond at your convenience in regards to discussing an adequate settlement.