1stStep Posted November 9, 2012 Report Share Posted November 9, 2012 So I've been busy burning the midnight oil...About 6 weeks ago, I discovered I was in Chexsystems. I went to open a business bank account, and to my surprise, an LA area bank reported me to Chex.So I go to dispute the listing and they do their "investigation." On the initial reply, I see that Chex marked the listing as "Disputed." Then 30 days later, the dispute notation is gone - creating the impression that I do not dispute the listing.I ask for a method of verification and send a 623 out. Chex claims that everything has been investigated. The bank never replied to my 623 letter. In the meantime, I put together my 100 word statement and sent it over and Chex will not publish it, since it doesn't meet their guidelines...It looks like I will at least be dragging Chex down to the courthouse, but I could also be dragging the reporting bank as well.Thoughts anyone? Link to comment Share on other sites More sharing options...
Torden Posted November 9, 2012 Report Share Posted November 9, 2012 My thought is ... proceed.Have you ever done business with that bank? Link to comment Share on other sites More sharing options...
1stStep Posted November 9, 2012 Author Report Share Posted November 9, 2012 I had a business bank account with them in 1999-2006. I had to switch when I refi'd a commercial property I owned at the time. I closed the account and moved it. The account was in an LLC's name, but it isn't stopping the bank and Chex from reporting me as being personally liable. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 9, 2012 Report Share Posted November 9, 2012 What is the nature of the problem the bank claims? 6 years seems like an inordinate amount of time to wait to report a problem, unless this has been on there for a long time. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 9, 2012 Report Share Posted November 9, 2012 It looks like I will at least be dragging Chex down to the courthouse, but I could also be dragging the reporting bank as well.Thoughts anyone?Sit down because this is going to shock you................... I love your plan. Get to dragging and suing. Nothing says to the other party, "I disagree with your actions" like dragging somebody into federal court. I have a funny feeling your 100 word statement, after you sue, will somehow now meet their requirements. However, you simply can't un-ring that bell. Link to comment Share on other sites More sharing options...
1stStep Posted November 9, 2012 Author Report Share Posted November 9, 2012 The bank is claiming fraud and account abuse. They claim a balance of $350.00. I have the closing statement that shows a zero balance and all checks cleared. But to recap here's my beef with Chex:1. Removed the dispute notation - even though that's not accurate;2. Failing to publish my 100 word statementMy next move is to contact the bank... Link to comment Share on other sites More sharing options...
KentWA Posted November 9, 2012 Report Share Posted November 9, 2012 If you are going to be hauling them into court you need to sue them both in the same suit. Otherwise the bank will say it is Chex fault and Chex will say it is the banks fault. If you sue them both together, they will fight it out between themselves and you get to watch all the fun! Link to comment Share on other sites More sharing options...
1stStep Posted November 9, 2012 Author Report Share Posted November 9, 2012 I was thinking that Kent - the "who will throw who under the bus" game.I'm amending my lawsuit - I'm adding the bank as a defendant. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 9, 2012 Report Share Posted November 9, 2012 If you are going to be hauling them into court you need to sue them both in the same suit. Otherwise the bank will say it is Chex fault and Chex will say it is the banks fault. If you sue them both together, they will fight it out between themselves and you get to watch all the fun! yeppers. I was thinking that Kent - the "who will throw who under the bus" game.I'm amending my lawsuit - I'm adding the bank as a defendant. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 9, 2012 Report Share Posted November 9, 2012 (edited) The bank is claiming fraud and account abuse. They claim a balance of $350.00. I have the closing statement that shows a zero balance and all checks cleared.If you need any help writing the complaint PM it to me. You saw my discovery joke, I think I could lend a little assistance, altho you are a serial litigator and an official PITA to these people. Fraud? Come on, didn't they ever read the elements of fraud? I don't see how a charge that outrageous could apply to a checking account that they have control over. Sounds like a banking commission complaint as well. The only way I would contact the bank is with a summons. Edited November 9, 2012 by BrunoTheJDBkiller Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 9, 2012 Report Share Posted November 9, 2012 now now, bruno...don't you go on about "legal definitions" in here... Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 9, 2012 Report Share Posted November 9, 2012 (edited) Well, it just seems that a bank account under the control of the bank is.....well, under the control of the bank. I was referring to the basic elements of fraud; party A lied or knowingly made a material misrepresentation to Party B with the intent that Party B would act on it. Party B was ignorant of and relied upon the misrepresentation. Party B then suffered an injury due to the misrepresentation. I see NO way any bank could prove one of these elements, much less all of them. Especially when the account shows a zero balance and he never heard anything for six years. Just doesn't sound right. That aside, Bruno has edited his post and softened the language a bit. Edited November 9, 2012 by BrunoTheJDBkiller admin suggestion Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 9, 2012 Report Share Posted November 9, 2012 1stStep,It's just rude and plain bad manners to throw a lawsuit party and not invite everybody. I'm glad you are amending your invitations, but next time don't be such a snob and get your invites out to everybody. You don't want to be known as a lawsuit snob. Link to comment Share on other sites More sharing options...
1stStep Posted November 9, 2012 Author Report Share Posted November 9, 2012 You are absolutely right... since the weather will be bad this weekend, I plan to light a fire, put on my smoking jacket and amend my lawsuit to include the bank.Hopefully I will have them served the day before Thanksgiving... is that OK? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 9, 2012 Report Share Posted November 9, 2012 Hopefully I will have them served the day before Thanksgiving... is that OK?This sounds like a reasonable and very courtesy way to handle invitations to this party. Link to comment Share on other sites More sharing options...
1stStep Posted November 10, 2012 Author Report Share Posted November 10, 2012 I agree - what better way to spread good cheer than to serve my "invitations" before Thanksgiving. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 10, 2012 Report Share Posted November 10, 2012 Don't forget to send them some stuffing, and be sure to tell them where they can stuff it. Link to comment Share on other sites More sharing options...
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