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Who should I Sue?


noel194
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-2004 someone open cingular wireless account in my name

-9-21-2004 cingular sends letter stating that account is fraud and I am not responsible for it and they are alerting the big 3

-9-21-2004-I call have fraud alert put on all reports

-10/2004 discover NRS has cingular account for collection and puts on my credit report

-NRS removes almost immediately

-10/2004 AFNI places on credit report same account

-10/2004 send AFNI letter from cingular CMRR get acrd back sighned

-01/2005 tradeline comes off my report after I dispute with all three CRA

CMRR sending them letter stating account is fraud.

-10/2005 account appears on equifax AFNI collection account same number call them fax them copy of letter supposed to come off

-11/2005 denied prime credit 0% car loan due to collection account ONLY negative on report

-11/2005 AFNI says Cingular re-sold them account on 8/23/2005

Who do I sue? Cingular for selling a fraud account, AFNI for placing an account back on my credit that they know is fraud or Equifax for putting a known fraud account back on my report?

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Sometimes, when there's a convoluted mess involving multiple parties, you need to sue everyone involved.

You can file one complaint with multiple defendants. I had an issue similar to yours where a bogus debt kept being resold after I alerted the current collector it was not legit. After the third CA tried to collect, I sued everyone, including all three CRA's, the OC, and tyhe prior CA's.

Once everyone got their summons, the issue was resolved quickly and permenantly.

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  • 4 months later...

I have something just like you all, I filed chapter 7 in march of 2004 and discharged in june of 2004, Cingular then sold the account to a CA and the CA held it for a few months without sending anything to me and i never knew the CA's name, Then all of a sudden in October of 2005 I pulled all 3 reports to find out that I have a CA trying to collect on a discharged debt and that happens to be AFNI, They never sent me a letter till I called them back then and I told them it was included in my BK and they said prove it and I said no you have access to this information so do your work and they hung up and sent letters and so forth trying to collect on the discharge debt, I joined this group a around Dec 2005 and read alot but didnt know what to do still, I finally sent AFNI a letter beginning of March to Delete Item because they were in violation of several credit laws and to also send cashiers check for 4000 because they were re-aging and a few other things, they called me and ask me what I expect of them I said well to remove the item and send me proper papers that you did delete and also a cashiers check and they seem hesitate in doing this, Now if they dont I am going to my county court and getting them and OC in trouble on charges and making me some dough, LOL, thanks boards.

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