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Do I have grounds to sue???


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A few years ago we had leased a Ford Mustang we decided to trade it in and buy a new Durango. We traded in the Ford and got our Durango. The Dealer paid off the lease on the Ford. Everything was fine till about a year and a half later we started getting a notice from US Bank that said we owed about $800.00. Since I was not sure what this was all about. I called and talked to them and wrote them letters. From my understanding what they claim they had done was not pay the taxes on the vehicle. I asked them why they didn’t send us a bill a long time ago they said they caught the problem form an audit they had received. Then I asked them to produce the documents that they actually paid the tax we owed and they could not produce that information. Well then after going back and forth for months they finally said we didn’t owe the money. The bad thing about all of this is they had been reporting this to the credit bureaus the entire time. During this time my wife and my credit score was very low we where trying to get lower interest loans to pay some bills and get a home but we could not and the worst part is the credit cards we had balances on the interest rate kept going up. Then the worst part is the bank was reporting this on my credit report and I was never even a part of the lease. So that made my credit stay extremely low. I think they should be responsible for some of our loss during that time. Would this be something to pursue in court or would it not.

Thanks

Robert

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I am just getting started myself but I think you should definatly look into it. If you kept your statements to prove that your interest rates went up because of their report. As soon as they agreed you didn't owe anything they should of deleted the tradeline because at that time they were reporting inaccurate information. FCRA 623 Responibilites of furnishers of information to consumer reporting agencies.

good luck

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I had a similar situation with a dealer. They agreed to pay my car off and I drove off with a new car. 6 months later I get a collection notice stating I owe 600 dollars. Turns out, the dealer only had to pay upto the amount stated on the contract for the pay off and I signed it. Legally, I had no where to go but pay the collection before it went on my credit report. Luckily, it did not.

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Well they took it off as soon as they admited it was wrong but it had been on my credit report for 6 months and I kept going back and forth with them about it. My credit score dropped 40 points. There has to be some law to make them responsible for reporting something on my credit that was not even mine.

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I'm no expert, but so far I see:

- reporting inaccurate information

- failure to maintain procedures

If you sue they will invoke bona fide error defense. But, that will be hard for them, I think, because they should at least have some kind of simple recordkeeping to prevent that sort of thing.

Did you ever dispute with the credit bureaus?

If their negative entry was the big downer on your credit report, you may have the damages you've mentioned. However, if you're report was trashed even without their stuff, you might have trouble.

Well they took it off as soon as they admited it was wrong but it had been on my credit report for 6 months and I kept going back and forth with them about it. My credit score dropped 40 points. There has to be some law to make them responsible for reporting something on my credit that was not even mine.
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