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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.
Removing CA item - no OC item reported
greygirl posted a topic in Credit RepairHi Everyone, I'm not sure how to get these items removed and need some guidance. These accounts are past my SOL's - original lates was probably back in 2010. Calvary Port for FIA cards - 15,424 Portfolio RC for MBNA - 42,188 The original creditor is not showing up on my credit reports just the collection. The CA's is showing opened in 2013. Any help is appreciated.
I have been sued by FIA in a credit card debt case. First of all I did not receive a demand letter. 2.When the suit was delivered I had no idea who FIA was. 3.The card name they were suing for was Bank of America (had not been resold). 4. The account number on the application, and the original motion was the wrong account number, different from what was on he billing statements. 5. Everything I had had Bank of America all over it. 6. I sent in a dispute letter certified mail, and never received anything back in return. But FIA is saying because I mailed it to the name and address listed on the billing instead of the account agreement it is null. Can you please tell me if any of this helps in any way with my case?
Lost to FIA Card Svcs. at trial, with a lawyer
Webone posted a topic in Post Judgment ForumHere is my cautionary tale. I was served with a summons from a Bank of America card with an almost $4,000 balance, with FIA Card Services as the company requesting the funds. Law firm representing FIA - Hanna and associates. Case went to trial, and the judge ruled for the plaintiff. My lawyer made objections to the hearsay evidence presented at trial regarding record keeping, but was denied. Plaintiffs brought a witness from FIA, and had a copy of my signed credit card application from 1998. I just don't even think I can win on appeal. Good luck out there.
Letter from CA
postgradstudent posted a topic in CollectionsI received a letter from Encore yesterday stating that I owe XXX but it just says payment to FIA Card Services, not to the bank I owe. The problem is, is I already made the minimum payment on my card via online bill pay because the card is linked with my checking account. Should I ignore the letter from Encore? Write them a letter?