• Content Count

  • Joined

  • Last visited

Community Reputation

10 Good

About jonrtaylor

  • Rank
  1. I own a small business and get frequent solicitations from AMEX etc to apply for a business card. Of course I have to provide my SS# and authorize them to pull my credit, which is fine, HOWEVER... I do not want my business card's balances etc. to show up on my personal credit bureau reports. Does anyone know how business cards handle their reporting when the card has been approved due to the business owner's personal credit? Thanks! JRT
  2. Thank you. I suppose if I had believed him I wouldn't have posted the question. JRT
  3. Every month the credit card companies report one's balance etc. to the credit bureaus. A mortgage broker told me that the CC companies usually report on the 25th of the month. Does anyone know more details? Thanks!
  4. to answer the question on calling the phone number: No I never called the "activation" number on the card when it came. I returned it to Cap One immediately. Thanks!
  5. No I never called a number to reaffirm the card. In Florida, any credit card agreement must be in writing. There was never a written agreement for Card#2.
  6. Experts in this group... what are your thoughts on the following...? Years ago I had a Cap One card ("Card #1) which went into default. Subsequently, Cap One issued a "second chance" card to me(Card #2) which I never agreed to in writing. The "second chance" card incorporated the balance due from Card #1. Two months ago, I wrote Cap One asking for proof that I had agreed to Card #2. Today I got their response: They were unable to provide any documentation on Card #2. Their letter said that they would delete Card #2 from my credit reports. (They still refer to Card #2 as a "reaffirmed" account even though there is no written documentation). So on one hand, I got a deletion, which is fine. On the other, they also "reversed" the balance of Card #2 back to Card #1, and now Card #1 is going to show as a chargeoff! Obviously I want Card #1 deleted too, so here's my plan. Sue Cap One for violation of TILA. This is because they failed to get my agreement in writing for Card #2. (I haven't read TILA but I'm sure it requires written agreements on credit cards) Also sue on multiple violations of FCRA for falsely furnishing info. to the credit bureaus. Possibly sue for violations of FDCPA for attemting to collect on Card #2. My goal with the suit is deletion of Card #1 from the credit reports. Anyone have thoughts on this? Thanks!
  7. Turns out that Florida has its own special statute for Declaratory Judgments:
  8. PS... If I ask the OC to provide evidentiary documentation of my orignal, signed agreement, but they can only provide "copies" or "computer printours" can I object to these as not admissable? (doesn't the OC have to show the actual, original agreement?)
  9. Thanks - I'll work on this. In the meantime if any FL lawyers see this post, feel free to educate us!
  10. I live in Florida. I need to sue an OC, which is reporting an old past due credit card account. I have previously asked the OC for evidentiary documentation that the account is mine. They have not provided anything other than a generic letter that they've forwared my request to the proper department. My questions: (1) can I sue for a simple declaratory judgment based on doctrine of estoppel? (2) can I do this in small claims court or do I have to file in US District court? Thanks!
  11. I want to dispute a Cap One item on my Equifax report. The high credit shown is $3,500, the balance is $0, and the Current Status is "over 120 days past due." The Credit Limit field is blank. Date of last activity shows as 06/97. Account closed by credit Grantor. It does NOT say "charge-off." A previous Trans Union report showed this item as a paid charge off, and with "most owed" of $2,854. However I got them to delete it after a dispute. SO.....should I dispute by saying "how can an account be 120 days past due if the balance is $0? What other approach can I use? NOTE that I previously disputed this account as "not mine" but they "verified" it. Should I call Cap One and see what they say about the account before I write Equifax? thanks for the help!!
  12. Anybody find any case law showing its "per violation" on FCRA claims?
  13. For the lawyers here... Someone had mentioned that credit card companies usually don't keep records of written agreements more than three years. (Doesn't seem right but maybe that's the case.) So... If I subpoena a credit card company and request copies of my original agreement and charges, and they respond by telling me that they no longer have these records, can I make a case (in Federal Court) that the debt cannot be verified? Thanks!
  14. My reports do not show a positive item: a real estate loan taken out in 1987 and paid off in 1997. This is hurting my score. I called the bank which originated the loan and they say that their records were purged and that there's nothing they can do about it. I told them I have a copy of the satisfaction of mortgage in my hands but they still say they can't do anything about it. Any advice on how to get this positive item reported? PS I called the CRAs and they say that they can't do anything either, that such items have to come from the creditors, not from the consumer.