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Consumer May Sue Creditor for Damage to Credit Expectancy


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Please check this citation and let me know what you think...

http://www.swlearning.com/blaw/cases/consumer.html

I have been refused housing due to Asset Acceptance holding a power bill over my head that is out of SOL. After DV'ing, etc., etc., would this be a violation I could add? How would I calculate damages?

Any thoughts??

thx!

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First of all, the plantiff in this case used the FCBA as intended and established a paper trail immediately. There is also the fact that the dispute was legimate. He bought something with a cc that didn't work.

In your instance, the bill would seem to be legimate {you don't indicate otherwise}.

I just don't see this case applying to your circumstances. Not to say you don't have recourse under the FDCPA or, the FCRA for any collection or credit reporting violations.

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You didn't provide enough information to help you with your question.

I agree with bingo that based on what you describe, the case you referred to doesn't apply to you.

However, I think you're not telling the whole story.

For example, did you dispute the bill?

Is Asset reporting the right amount or have they increased it (interests and fees aside)? Are they reporting the right original amount?

If the debt is SOL, is Asset reporting it as an open account/installment/factoring or is it a collection account?

Did they continue collection activity after they failed to validate?

I'd be interested to see how others calculate damages. Oftentimes it's easier to sue for statutory damages only.

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I think you're right - I probably can't get damages. Short story long is that it is not mine, but I'll have trouble proving it. I sold my house in CO to a friend in 3/2003 and agreed that he would pay the mtge until he refi-ed - which he did in October. Fortunately he paid the mtge, but didn't pay the power bill - which was still in my name.

It originally showed up on my CR in 2/2005 w/CA for $511. I successfully disputed (w/no proof - I just said it wasn't mine) and it came off all 3 CRA's until Asset purchased in 7/2006. It showed up again for $588. I disputed w/CRA's and EQ removed it, but it's still shows on TU and EX and they report like clockwork every month.

In response to my dispute they put a fraud alert on me and sent me a letter asking to provide a police report. They sent that on 2/28 and I didn't know how to respond - that's when I found this website (thank goodness!). The crapper is that when I've tried to rent here in NV the first thing they look for is an outstanding utility bill and they automatically deny. So this looking like a new bill is hosing me bad. I've had 3 properties refuse me - finally I got one to listen to what happened and they rented to me.

The DOLP is 3/2003 and I live in NV now - so SOL is 4 years. I'm going to DV, assuming they can't validate. What violations can I cite when I do?

Here's the TU report a/o 4/5/07

--------------------------------------------------------------------

Balance: $580

Date Updated: 03/2007

Original Balance: $566

Original Creditor: XCEL ENERGY

Past Due: >$580<

Pay Status: >Collection Account<

Account Type: Open Account

Responsibility: Individual Account

Loan Type: Factoring Company Account

Remark: Account information disputed by consumer

Date placed for collection: [ 07/2006]

Estimated date that this item will be removed: 03/2010

--------------------------------------------------------------------

Thank you so much for all of your help!

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I read that too. I've been looking around to see what the NV statutes say and haven't found anything yet - I don't think it's going to work for me anyway - just curious :0)

I did find this though - interesting......

Bruce v. First U.S.A. Bank, Nat. a&#036;&#036;'n

103 F.Supp.2d 1135

E.D.Mo.,2000.

Jun 20, 2000

Tortious Interference

[20] [21] [22] To prevail on a claim for tortious interference with credit expectancy, plaintiff must prove: (1) a valid credit expectancy; (2) that defendant knew of the expectancy; (3) denial of credit induced or caused by the defendant's intentional interference; (4) absence of justification; and (5) damages.

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"Denied housing." Rental? If so the landlord could be in trouble. Landlords can consider your credit history but Federal housing laws would prohibit a landlord from using a statutorily barred debt against you as the sole reason for denying housing.

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