newyorkconsumerist

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About newyorkconsumerist

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    Long Island, New York
  1. Okay, I will give that a shot as well. But seeing how these accounts are almost 10 years old I'm not sure what kind of leverage it will give me in persuing a FCRA civil suit against BoA.
  2. Well, I was also wondering about how to go about a identity theft report on something as old as this account. I only became aware of it after I was already being sued. And for what it's worth, after I won the court case with my motion to vacate judgement all the CB's put an identity theft protection or whatever it's called on my credit files but it didn't do much.
  3. Yea, I'm pretty sure that's exactly what BoA's attorneys did. I should have known better than to trust another attorney. Now what exactly should I say on my intent to sue letter to BoA's legal dept? Is the way they are reporting that account against the FCRA? I emailed the CEO of BoA and promptly received a response from someone in that office or whoever handles those emails and they researched my account then later called me back and said that the negative account would continue to report 7.5 years after the charge off date... Now according to how they are reporting it, they are saying it was "CO"ed in April 2011. I just don't understand how that could be accurate. Also, should I demand all documentation regarding the accounts they say belong to me or am I going to have to do that in discovery after I file my suit?
  4. I never opened these accounts. I do want to obtain all the records that BoA has in regards to these accounts so I can find out what these accounts are all about. And ultimately, I don't understand how they are reporting the charge off. Was the account charged off in April of 2011 like the report says? And why was there "No Reporting" for months after that until I beat them in court and now they religiously report the account as a "CO" meanwhile it's not even my account? So weird.
  5. I tried to get a home loan back in 2012/13. When they pulled up my credit report, there was two accounts from BoA on there that I had no recollection of. I disputed those items on my credit report and they came back verified. A few months later, I was hit with a hold on my funds in my bank account... Fast forward a month and I find out that BoA had received a default judgement against me in court. I go to the court and request all the information regarding their complaint and proof of service. I find out that their "proof of service" was no proof at all. They served someone who wasn't at my address and in all honesty had no description of anyone I know or who would be related to me. I wind up filing a motion to vacate the judgement. I wrote the motion all by myself and served it to BoA's attorneys on file with the court. They respond to my motion but ultimately the judge rules in my favor and I get a chance to fight these guys in court. I go to my court date to fight the debt and we finally get our case number called up. I tell the judge the merit of my motion and that I dispute the debt and that I would like to call their process server as a witness to cross examine them as to who they served the complaint to. The plaintiff's attorney's said that the process server doesn't live in the state anymore and can't be called for questioning and then pleaded with the judge for an adjournment and the judge complied. So after we step down from being in front of the judge, the plaintiff's attorney begged me not to pursue this case in court anymore and they would release the lien on my bank account and have BoA removed the erroneous accounts off my credit. Push comes to shove and I stupidly believed these scumbags, so I sign a motion to dismiss without prejudice in order to have my funds released and I was hoping that they would follow through with removing those accounts from my credit. Instead, BoA decides to just start reporting these bullsh*t accounts now every month as a way to punish me for beating them in court. I emailed the CEO of BoA and asked them to help me resolve this matter without litigation and they said no way. Now I have no choice but to bring a FCRA suit against them and this is where I will need advice. This is what the account looks like as it is currently being reported on my credit... I need to know when does the countdown begin before this negative item falls off my credit report. According to the person I've been speaking with at BoA it is 7.5 year after the charge off date. According to how they are reporting it, it says it was a CO in April of 2011. How can that be correct? I also want to know what would be the best way to begin discovery before I even file my FCRA with the courts? I want all the records BoA has on these accounts so that I can review them for inaccuracies so I can nail them like the scumbags they are in court.
  6. Ultimately I don't want to divulge too much information here but all I can say that the account is not mine but a criminal identity theft report was never filed. I didn't even have knowledge about this credit information until years after it showed up on my report.
  7. I also did directly dispute in writing to BoA/FIA with a return receipt requested. They never responded until I filed the complaint with the CFPB.
  8. I disputed to the OC through a CFPB complaint through their automated process on their website. They responded but their response stated that even though they dropped the case and conceded they didn't have the evidence needed to win the trial that it still didn't attest to the facts that their claim on the debt was true and accurate. I just initiated another complaint through CFPB today against them. And yes, I disputed directly with the OC after I disputed with the CRA and they "completed" their investigation.
  9. Yes, I disputed about 3 times since then. Each time, they seem to change the status of the account. Once the account was even removed, but eventually they just continue to report the account negatively again. I'm in the process of drafting my intent to sue letter and researching my available options with the Suffolk County district court on some civil action that I'll be able to take.
  10. Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine. These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case. Now I feel like I have no choice but to sue them in district court. I'm not entirely positive whether I should file a civil claim or a small claim against them for violations of the FCRA/FDCPA... So any advice I could get would be completely appreciated. I have defended myself in court before pro se, so I'm comfortable with the process. I just want to know what would be the best way of building my case and having BoA removing their erroneous account information off my credit report for good.