Suing CC what's your opinion

[Anonymous]

This is rather long and I apologize however, I really would like an opinion or two. Just to refresh I was AU on my ex's account, we had an agreement, I made the payments for two years no lates. Chase sent me a letter wanted me to take over the account and stated it would be 0.0% interest. I requested they put it in writing and send me the terms and condition and application. However, they switched the account to my name, didn't change the intereste rate and pulled my credit file from two of the three bureaus w/o my consent or permission. This is the first letter sent:

Based on your letter dated September 20, 2002, you stated that the account I was an Authorized user would be a billing only account and would be charged 0.00% interest, if I completed a Chase application to assume responsibility of this account. As of this date I have not received the application requested with the terms and conditions applicable to a billing only account, I have not completed an application for a Chase billing only account, and I have not given Chase permission to pull my credit report for permissible reasons.

I have no way given or implied nor has the criteria been met for "Express Consent" or “EXPRESS PERMISSION” to allow Chase to make me the sole responsible person, for this account. The agreement I have with XXX XXXXX was verbal and was not written into any divorce decree. The responsibility of who was to make the payment on this account was an agreement between my ex-husband, not Chase and myself. A person does not assume ownership of an account simply because he/she is the one writing the check. I did not make an agreement with Chase to take over this account; and I did not give any "consent" (express OR implied) to take this debt. My response to you in my October 7, 2002 letter stated the following:

I do not and have not denied I am responsible for the account as I have an agreement with XXXXXXX, that I would be responsible for payment, of this account. I am willing to consider a “billing only” account, and I am assuming this is being requested to make me the primary on the account. Your letter states the billing account monthly payment is 2% of the total balance and there is no monthly assessment of interest or service fees, I did not see these terms on any of the previous paperwork sent to me. Please forward to me all terms and conditions associated, with this type of account and I will review them and respond back to you, in a timely manner.

I have filed a complaint with the FTC; please feel free to contact them. I need immediate action and am requesting you respond to me by 12/23/02, with the following:

1.[TAB]A formal letter stating what law(s) allows Chase to arbitrarily reassign this account to my name only since "Express Consent" or “EXPRESS PERMISSION has not been met.

2.[TAB]What law(s) give Chase authorization to pull a credit report without my permission?

3.[TAB]Removal of the hard inquiries from all credit bureaus

4.[TAB]Change the interest on this account to 0.00% instead of the 10.24% interest currently being charged, as stated in your September 20, 2002 letter.

5.[TAB]Reimbursement of all finance charges from October 2002 to present. The finance charges may be applied as credit towards the balance on the account.

6.[TAB]Terms and conditions of the billing only account

After this letter they sent an application certified registered mail however, they did not address the six items in my letter. I then sent this letter:

I received your letter dated December 5, 2002 sent certified mail however; the letter appears to be a duplicate of your letter sent September 20, 2002. Also, the letter does not address the six action items I listed in my December 2, 2002 letter. I have re-listed the requests below and am still requesting that Chase address them.

I am confused as to why you are resending me an application when it is clear Chase has all pertinent information needed to pull and determine establishment of an account and has done so according to the credit reporting agencies Trans Union and Equifax; I am still waiting for a response from Experian. If this is clearly a “paperwork” issue I will complete the application as soon as I am provided the information I have requested. Please respond to me by 12/23/02, with the following:

1.[TAB]A formal letter stating what law(s) allows Chase to arbitrarily reassign this account to my name only since "Express Consent" or “EXPRESS PERMISSION has not been met.

2.[TAB]What law(s) give Chase authorization to pull a credit report without my permission?

3.[TAB]Removal of the hard inquiries from all credit bureaus

4.[TAB]Change the interest on this account to 0.00% instead of the 10.24% interest currently being charged, as stated in your September 20, 2002 letter.

5.[TAB]Reimbursement of all finance charges from October 2002 to present. The finance charges may be applied as credit towards the balance on the account.

6.[TAB]Terms and conditions of the billing only account

Once again, I am a reasonable person and if the above six items are provided to me I will consider this issue closed. Also, if a Chase/Representative employee hastily made a mistake and made the change over, then I will also accept a letter of apology and satisfactorily explanation, in lieu of the first two action items listed, from Chase.

I would like to send a third and final letter asking them to respond in 5 business days. Based on FCRA 616-619 I can sue them for at least $1000, am I reading this correctly? Also, how long do I have to wait for them to correct this. Equifax has removed the inquiry but, TU says that Chase has to make the request to remove and so far nothing from experian.

Thank you!!!!!1

[demoncasterouter]

Send your final letter to the VP of the company. Go to the BBB website, and they'll have that info. Be sure to send it CMRRR, but send it "restricted delivery". Outline your requests including the need for them to remove the inquiries.

The FTC won't do anything. The BBB is your best bet. Tell the VP, that your next step is the BBB, and the state AG.

Update, and let us know

[ghacorp]

Click on down to the section on Unsavory Credit Card Practices and you'll notice an article on similar complaints against Bank One and an Attorney General investigation in Delaware. Chase operates here in the State of Delaware and there is some useful contact information for you to peruse.