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  1. I’m settling a debt with a Bank. The lawyers for the bank state the Bank will agree to request with the CRAs to delete my trade line in exchange for me dropping a federal suit I have against the bank. However they say they are not guaranteeing the CRAs will delete the trade line when requested. Is this BS? Under FCRA for a consumer account aren’t the CRAs required to delete the account if the Bank requests so?
  2. Good afternoon I disputed a MCM/Credit Ine on my Equifax CR several weeks ago. I received a letter today at my correct address with a copy of Credit One statement that was sent to a wrong address. The letter states they had received the disputed item from Equifax and ask what are you disputing? Our records... In reading another forum it states the shady tatitics MCM will go thru to collect a debt. The original Credit limit is/was Less than half of what they are saying I owe. That being the case I do believe that I would have paid such a small amount. The forum states
  3. I have hired an attorney to file a lawsuit against a company regarding identity theft/FCRA violations. The problem is that we don't have much information on the company other than address & phone number. According to their website URL, they were an online catalog, but no longer selling items, just maintaining existing customer accounts prior to discontinuing sales. They are obviously actively reporting to CRA's, so is there a public resource to get more info about them? Seems like there is very little info available on them, even general info that can usually be found online. Thei
  4. I have a couple of accounts on my credit report which are reporting incorrect information. One of them, the apartment complex illegally evicted me and took possession of the apartment. I paid rent for that month and they took it, but still reported that I owed them over four thousand dollars; although they rented the apartment the next month. Which would have constitute that I did not owe them a cent. They keep the deposit and the rent I paid and still sent a incorrect balance to the collection agency. A year later, I contacted the property management company and they corrected the balanc
  5. About a year and half ago my credit monitoring agency alerted me that Comcast Cable had done a credit check on me in Georgia. I was stationed in Georgia about 9 months prior before retiring from the Army, but I had never had Comcast and at this point I had just recently moved to Colorado. I contacted Comcast to find out why they had run my credit and it turned out someone had used my name and SSN to get cable in a trailer park nearby my prior military post. I filed an identity theft report with the FTC and with my local police department and faxed all of these documents, along with proof of ad
  6. John Oliver skewers credit bureaus for false reporting of consumers' credit histories and failing to take proper measures to correct errors in this hilarious presentation. http://time.com/4288093/john-oliver-credit-reports-last-week-tonight/
  7. So, here is my issue. I received an Alias Summons via CMRR from our county clerk. Seems that Asset claims to have purchased a Beneficial retail account that has an outstanding balance of 9377.00. The affidavit from Asset's Heather Andrus goes along the lines of: 1. I, HA, am an employee of AA,LLC and am competent to testify to to the matters stated herein. 2. I am familiar with the manner and method by which AA, LLC creates and maintains its business records, including computer records of its accounts. 3. AA,LLC business records demonstrate that AA,LLC purchased the receivable at i
  8. Today I received requests from several companies on my CR requesting I validate accounts. Midland, Asset and PRA all 3 sent requests for Full Name, Full CC Number, Address (Current and past 10 years), approximate account opening dates, account balances, Last payment and date, and my employer name. NONE of them have judgments against me. GECRB did the same for two CCs that they claim I have/had. CAP1 did the same for 4 accounts they claim I had with them. NONE of these letters gave me any idea what they are talking about...no reference numbers or anything. I did recently do requests f
  9. Trying to see who we have and where they are from when it comes to attorney. Anyone??
  10. I received a 1099-C last year for a closed business credit card from an original creditor (account closed in 2009). Despite the issuance of the 1099-C, the full amount of the charge off is still reporting on my credit reports. My understanding of 1099-C's and credit reporting is if the original creditor intends to report to the credit bureaus, it should now be reported as: "Balance Due $0." I had one other account fall into this scenario and that bank changed its reporting to "Balance Due $0". I plan to dispute the legitimacy of the charge off, the amount stated on the 1099-C, and how it is
  11. Hi, In late 2010 I had a negative item appear on my credit reports from "Advanta Bank." Advanta Bank failed in 2009 and was shut down by the FDIC and State of Utah. They were heavily fined for deceptive and unfair business practices (ie. offering a 0% introductory interest rate and then rate jacking their customers to 38%). Advanta Bank ultimately declared bankruptcy. As far as I could determine, the FDIC was set up as a receiver for their deposits, and any debts owed were sold off to junk debt buyers. The former owners of Advanta have been individually sued for breach of fiduciary duty and
  12. Ok so I have a very confusing situation that I hope someone will be able to help me solve or at least point me in the right direction. Sorry for the long post! I took out a school loan from a University I attended in Spring of 2011, the loan was to be repaid from my federal student loan for summer courses I was taking. My loan came in and was credited to my account ( it said I owed nothing and was actually due a refund). When my grades for the Spring semester came in they did not meet the schools academic standards and I was dismissed. The only redeeming thing I could think of from that exp
  13. Hi, A question for my CIC friends: When a credit card issuer does not have typical retail bank operations, but is primarily an issuer of credit cards, and issues a credit card through a standard retail bank, who is the proper reporting entity listed on a credit report? For example, lets say First National Bank of Omaha (who has no retail locations) issues all credit cards for First Community Bank (who has retail locations), who is the proper party to be reporting on a credit report? Thank you.
  14. Hi, About two months ago, I noticed a few inquiries on my credit report that I did not recall authorizing, so I disputed each one with the companies listed on my credit report, CMRRR. Over 30 days has passed since each company has received my dispute letter; of the six or so companies that have received the letters, only two have responded. I thought that they were required to respond within 30 days after receipt of the letter or they could be sued. An attorney I spoke with stated that I had to dispute through the credit bureus first, but that doesn't do anything because they just check eO
  15. Does anyone have the recent NCLC FCRA book and no longer needs it? My responses to the Midland and Equifax motions for summary judgments are due in couple weeks and I don't have an extra $250 right now. Could possibly trade for the current FDCPA books as I doubt I'll need them until I appeal, which will be a while if their motions for summary judgment are denied.
  16. Hi, I disputed an entry on my credit reports approximately four years ago and the credit bureaus all removed the entry. After ordering my updated reports this week, I see that one of the credit bureaus added a new creditor's account to my report, shown in a delinquent status. I had never heard of the party, so I looked them up online. It looks like either the party I first disputed had a name change, or they were acquired by this new party. It's hard to be 100% certain thus far, but public corporate records on file with my state show a simple name change. My question pertains to to the Fai
  17. I got NOTHING but boilerplate objections from Midland Funding and MCM, not a single document or meaningful response and they denied my requests for admission without explaining why or providing any supporting docs for their denials. My 7/8 email to one of their attorneys got no reply and we just received a new case management order, requiring a joint motion not exceeding 3 pages re. discovery disputes. So I just requested their portion of the motion by Monday so we can file it on Tuesday. Can't afford the NCLC FCRA manual right now and don't know where to begin. Only have about 1 page fo
  18. I have picked these up over the years and would like to post them in one place. Hopefully they will prove as useful for someone else as they have been for me. If you have more stuff like this, please post it to this topic! Some are written by consumer attorneys (Edelman, Combs and the like) and others are written by the attorneys from the dark side as ways to weasel out of FDCPA liability (it's always a good thing to know what the other side is thinking). Pro-Consumer: Defending credit card cases, 2009.pdf Ethical issues of JDB suits.pdf FDCPA CASE LAW, NCLC.pdf FDCPA, Edelman Breakdown-
  19. I am in a dispute with one of the three major credit bureaus. In my research for case law and supporting documentation for what I believe are numerous FCRA violations, I came across this very helpful report from the National Consumer Law Center entitled: "Automated Injustice: How A Mechanized Dispute System Frustrates Consumers Seeking To Fix Errors In Their Credit Reports." The report breaks down the process by which Experian, Equifax and TransUnion handles consumer disputes for investigation or re-investigation, how and where they outsource the process to, the automated systems involved,
  20. Gathering evidence for pending FDCPA and FCRA actions. Since my credit is damaged, where are some of the best places to apply for credit, in anticipation of being denied - or receiving higher interest rates
  21. Hi Guys, How to classify these violation? JDB put 6 negative tradelines on my 3 credit reports, + they did not notify me within 30 days,... Will it be under FDCPA: 805 Communication in connection with debt collection [ 15 USC 1692C] Or will it be under FCRA: 1681s-2(a)(7): Financial institution must provide notice to the consumer when submitting negative info to a credit rating agency, must be within 30 days, must be in it's own writing. In conjunction with 616 civil libaility for willfully non compliance [ 15 USC 1681n] / or 617 for negligent noncompliance [15 USC 1681o] I was tol
  22. Ladies/ Gentlemen, I will need to some info and steps as to: How do I bring my FDCPA and FCRA case back to Small Claims Court where I originated ? Here are some background info: -Location: Los Angeles, California -FDCPA & FCRA case -Reason why I file my claim at this court house: ( what I wrote down on small claim court paper) –Where the violation(s) took place AND Jurisdiction of Court; limitation of action *618 [ 15 U.S.C. *1681P] See: www.ftc.gov/os/statues/031224fcra ANDwww.ftc.gov/os/2011/07/11-720 fcrareport.pdf (page 89) " Any action to enforce any liability created under t
  23. I have to join Equifax and amend my complaint by Saturday (I think, would like to file tomorrow eve) and I posted my DRAFT amended complaint at http://creditsuit.org/litigation-forum/baker-v-midland-funding-mcm-and-bursey-associates/101713-draft-proposed-amended-complaint/ I've made so many changes and my head is spinning, so I'll appreciate any comments regarding: Does it make sense? Do I have the right sections for the FDCPA and FCRA violations? Thanks, Christine
  24. I am posting for a co-worker. She was in the hospital for kidney infection while pregenant. The bill was $28,000 and insurance only covered 90%. She tried to work it out with the Hospital but they got rid of the Debt and now PISA is sending her the bill. They called her and told her that they were collecting the debt and she needed to pay it off immediatly. They also informed her that she could just use her Credit card that has $XXXXX creidt available on it. She told them no and has sent off at least 2 $100 checks to them. I informed her to stop what she was doing and I would get her som