knotshour Posted July 28, 2007 Report Share Posted July 28, 2007 SR Financial (aka Senior Financial, Geary Blvd, San Francisco) has a collections TL sitting on all three of my CRA reports. Debt is NOT MINE! Guy has different middle name, different SSN, different birthdate.I'm in Los Angeles.OC is Bank One credit card. I believe SR Financial has purchased this debt. CR states "assigned 08/2005" and "Date of first delinquency 12/2001"Disputed with all CRAs, but they just verified.I sent them a not mine letter with DV AFTER 30 DAY WINDOW, attaching copies of driver's license and social security card. They replied promptly that they had an "affidavit of fact" from Bank One. They sent NO supporting documentation, they sent no copy of original credit card agreement with signature. They said the debt has been validated, and demanded payment.SOL is expired but I need them to delete the derogatories ASAP.They correspond by mail and said (when I called them) they will just wait until I want to buy a house and then settle for removal.This is extortion! Has anyone had luck with a district attorney? I want to sue in small claims, but I can't find their process receiver???? I looked on the Sec State website and San Francisco's DBAs.Do I have any thing actionable under FDCPA?I believe I have willful violation of FCRA. (Idiots are incorrectly reporting OC as Chevy Chase Bank, not Bank One)Defamation of character?I can't, at this point, prove any damages. Other than aggravation and fighting with my wife.Would it be better to try and get a "it's not you letter" from Bank One and threaten to sue CRAs? Will CA just report again at a later date? I am so frustrated with these people and will be eternally grateful for any help or support. Link to comment Share on other sites More sharing options...
gweedoh Posted July 28, 2007 Report Share Posted July 28, 2007 There's no cause of action against an OC under FDCPA, so that's out.You've got 'em on FCRA violations and your state probably has it's own set of consumer credit protection laws that you may have a claim under as well.If it's not your account and they repeatedly insist that it is, you will win in court if you have a good paper trail. By the way, the CRAs bear a good part of the responsibility here. If you bring to their attention that they are reporting an account from a person with a different middle name and SSN, they cannot simply rely on the "verification" from the OC and are obligated to conduct an independent investigation.You really want to prove "willful" violations as opposed to "negligent", but either way, they have to pay your damages, which at a minimum will be your legal expenses. If you can prove you've been denied credit or had adverse action taken against you as a result of the derogatory information, you can collect on those damages as well.ETA: I mis-read your post the first time. Since it's a CA verifying the account, you do have claims under FDCPA as well, although you can only collect $1,000 per suit under FDCPA, regardless of the number of violations. FCRA violations are worth $1,000 each. Link to comment Share on other sites More sharing options...
knotshour Posted July 29, 2007 Author Report Share Posted July 29, 2007 ETA: I mis-read your post the first time. Since it's a CA verifying the account, you do have claims under FDCPA as well, although you can only collect $1,000 per suit under FDCPA, regardless of the number of violations. FCRA violations are worth $1,000 each.$1000 in small claims should be enough to get them to delete derogatories. What specific violation do you see (I missed my 30 days)?Thanks! Link to comment Share on other sites More sharing options...
divemedic Posted July 29, 2007 Report Share Posted July 29, 2007 Get a lawyer and sue in Federal. Stay away from SCC. Also, to get FCRA violations, you need to dispute with the CRA and have them verify. Assuming you can prove that the person they are dunning is not you, you got them on a slam dunk. Link to comment Share on other sites More sharing options...
knotshour Posted July 30, 2007 Author Report Share Posted July 30, 2007 I wish I could make a federal case, but I don' have the time, emotional resources, or money for a lawyer.Seeing as I missed my 30 days, does anyone see a slam dunkFCRA violation worth $1000? Link to comment Share on other sites More sharing options...
IHateCAs Posted July 30, 2007 Report Share Posted July 30, 2007 Since you don't have the time, emotional resources or monetary resources for a lawyer why bother?Aggravation and fighting with your wife are considered damages, especially if she doesn't sex you up like she used to. I'm not kidding.I would also say that, due to all the frustration and arguing you are going through, along with the defamation, don't you think its worthwhile to fight this? If you dispute to the CRAs as not mine over and over until they stop accepting disputes, you'd probably have a slam dunk FCRA case that a NACA lawyer would take on contingency.It would be worthwhile to me to fight it, even if I had to scrape up a retainer to get a good lawyer. Link to comment Share on other sites More sharing options...
chilton1 Posted July 30, 2007 Report Share Posted July 30, 2007 IhateCAs you are all so funny. Actually a friend's lawyer included "inability to perform wifely duties as part of her case for damages. Link to comment Share on other sites More sharing options...
knotshour Posted July 31, 2007 Author Report Share Posted July 31, 2007 I have lost my sense of humor in this matter. I'll try another thread and see if I can get answers on point. Link to comment Share on other sites More sharing options...
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