time to sue this loser OC, next steps?

[lawandorder]

Hi guys, first many thanks go out to the posters here. Since I discovered this place about 4 months ago I've removed almost my negatives from my credit file.

Now all I have left is an old CFNA account. The story is, I ran my credit some 5 months ago. I see an account for CFNA/ Firestone which had been charged off around April of 07. I dispute it with Eq, saying its not mine, and it comes back verified. There is no collection agency calling or on my credit file, but when I call to talk to CFNA, they say they've sold my debt to some JDB and won't talk to me.

Since I have no CA's bugging me, I decide to use the letter here to dispute with the OC, demandning and Investigation, sent CM. Two weeks later I get a letter asking for a copy of my social & driver license to start the investigation. I do so, and wait. And wait, and wait.

60 days later, nothing.

I send them a letter saying they've gone beyond the 45 day limit and must remove the tradeline now regardless of the investigation results. no response. I send them one last letter a month later saying last chance to remove or get sued. 3 weeks later, nothing.

My question is, now that I have proof of all this correspondence, is it pretty much a slam dunk for me to sue them for violations of the FCRA? Since they're an OC can I only sue them for state law violations?

These losers wont reply to anything I send. What should be my next steps?

Thanks so much in advance.

[Templar]

Do some research on FCRA Art 623 [?]. This I believe the authority to sue. FCRA liability is per violation. File in small cliams if allowed in your state.

You may not win the claim, but you'll make the jokers throw out $500 for a lawyer just to show for them. I bet they'll call you before they have to answer you in Court. Ask them what's it worth for them not to show in Court.

[nascar]

You may not win the claim, but you'll make the jokers throw out $500 for a lawyer just to show for them. I bet they'll call you before they have to answer you in Court. Ask them what's it worth for them not to show in Court.

Be careful, you may be the one paying the "joker's" legal fees if you lose. Also, if you want to sue under FCRA, be prepared to prove actual damages.

If Firestone has in fact sold the account, as long as they are reporting sold/transferred (or something similar) with a zero balance, they aren't doing anything wrong. Is that the case here?

[lawandorder]

nascar:

on each credit file CFNA/Firestone is reporting:

Eq:

Firestone -

current status: charge off

balance: $0

Tu:

CFNA

payment status: charge off

account status: closed

balance: $0

Ex:

CRDT First

pay status: collection/chargeoff

balance: $0

but becuse they are reporting this, does that not require them to grant me an investigation of the account when I say it isn't mine? Also, they aren't reporting that the account is in dispute on my credit reports. Can't I sue for not updating and not investigating?

Does being turned down for a mortgage count as damages? and higher interest rates on cards?

?

Thanks

[lovebug5]

but becuse they are reporting this, does that not require them to grant me an investigation of the account when I say it isn't mine? Also, they aren't reporting that the account is in dispute on my credit reports. Can't I sue for not updating and not investigating? Does being turned down for a mortgage count as damages? and higher interest rates on cards?

If the OC is furnishing data to the CRA's, you can request an investigation per Section 623 of the FCRA. However, in your request, you need to provide them with ample reasoning and supporting documentation to justify the request. If they believe the request is frivolous, or you do not provide them with the information that they require, they can refuse to investigate. If you do provide them with reasoning, etc., they are required by law to complete their investigation and deliver results to you within 30-days of receipt of your correspondence.

So basically, simply telling them that the account "isn't yours" does not suffice unless you can come up with enough reasoning for them to actually investigate.

[lawandorder]

lovebug5:

I told them that I never signed anything to open the account and that they should at least provide me with a copy of a signed account agreement. What qualifies as reasonable?

They sent me a response saying all they needed to investigate was my social security card and driver license copies, which I sent. Since then, nothing.

They can just stonewall me after saying they would investigate if I sent them those things?

[lovebug5]

I told them that I never signed anything to open the account and that they should at least provide me with a copy of a signed account agreement. What qualifies as reasonable?

Well, that qualifies as reasonable.

If you never signed anything to open an account, they should investigate on that basis to attempt to pull up any contracts and/or documentation evidencing your ownership.

One rule of thumb here is that if you're going to send out an ITS letter, you need to follow through with it if you don't get the results you're going after. I would write them one last letter, citing their multiple violations of the FCRA. I would also file complaints with the BBB, AG and FTC, and include copies of these complaints in with your letter to the OC. You also might want to research to see if there are any consumer laws in your state which apply. In my experience, this is what has proven successful for me.