newyorkconsumerist 0 Posted April 15, 2015 Report Share Posted April 15, 2015 Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine. These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case. Now I feel like I have no choice but to sue them in district court. I'm not entirely positive whether I should file a civil claim or a small claim against them for violations of the FCRA/FDCPA...So any advice I could get would be completely appreciated. I have defended myself in court before pro se, so I'm comfortable with the process. I just want to know what would be the best way of building my case and having BoA removing their erroneous account information off my credit report for good. Quote Link to post Share on other sites
Blue Squad 18 Posted April 15, 2015 Report Share Posted April 15, 2015 Back in 2013 I had successfully defeated BoA and FIA card services in court over an alleged credit card debt that was and isn't mine. These guys will not correct my credit report even after their lawyers stated they would in their stipulation of discontinuance of their suit against me after I won the case. Have you disputed the negative tradeline with the CRA per FCRA 611 after you won the lawsuit? Quote Link to post Share on other sites
newyorkconsumerist 0 Posted April 15, 2015 Author Report Share Posted April 15, 2015 Yes, I disputed about 3 times since then. Each time, they seem to change the status of the account. Once the account was even removed, but eventually they just continue to report the account negatively again.I'm in the process of drafting my intent to sue letter and researching my available options with the Suffolk County district court on some civil action that I'll be able to take. Quote Link to post Share on other sites
Blue Squad 18 Posted April 15, 2015 Report Share Posted April 15, 2015 Have you disputed the negative tradeline directly with the OC per FCRA 623 after you won the lawsuit? If so, was your dispute to the OC after the CRA completed its investigation and responded back in writing per FCRA 611? Quote Link to post Share on other sites
newyorkconsumerist 0 Posted April 15, 2015 Author Report Share Posted April 15, 2015 I disputed to the OC through a CFPB complaint through their automated process on their website. They responded but their response stated that even though they dropped the case and conceded they didn't have the evidence needed to win the trial that it still didn't attest to the facts that their claim on the debt was true and accurate. I just initiated another complaint through CFPB today against them. And yes, I disputed directly with the OC after I disputed with the CRA and they "completed" their investigation. Quote Link to post Share on other sites
newyorkconsumerist 0 Posted April 15, 2015 Author Report Share Posted April 15, 2015 I also did directly dispute in writing to BoA/FIA with a return receipt requested. They never responded until I filed the complaint with the CFPB. Quote Link to post Share on other sites
Blue Squad 18 Posted April 15, 2015 Report Share Posted April 15, 2015 Is this a case of identity theft? If so, did you generate a FTC Identity Theft Affidavit and file a police report? Did you provide a copy of those two documents to the CRA and/or OC? By the way, with respect to FCRA 611 and FCRA 623, this may help: http://www.creditinfocenter.com/repair/disputingwithoriginalcreditor.shtml Quote Link to post Share on other sites
newyorkconsumerist 0 Posted April 15, 2015 Author Report Share Posted April 15, 2015 Ultimately I don't want to divulge too much information here but all I can say that the account is not mine but a criminal identity theft report was never filed. I didn't even have knowledge about this credit information until years after it showed up on my report. Quote Link to post Share on other sites
Blue Squad 18 Posted April 15, 2015 Report Share Posted April 15, 2015 @newyorkconsumerist I will step aside and let others with expertise in this area comment on this thread. There is also another website resource you can look into: http://www.debtorboards.com/ Quote Link to post Share on other sites
Lei419 0 Posted December 15, 2020 Report Share Posted December 15, 2020 I had $14,280 stolen from my account someone went to different atms everyday through LA and Vegas and took out $1,000 until there was nothing left. BOFA has had a huge breach thousands of people have suffered. I filed a police report and sent over my bank statements which you see there was fraud it has been over two months and the bank closed my case twice. Refusing to give me bank my funds I’m not working and no longer can pay my bills. What are some options? Please Quote Link to post Share on other sites
admin 896 Posted December 20, 2020 Report Share Posted December 20, 2020 You by any chance don't have identity theft protection do you? Here are some other things you can do: https://www.creditinfocenter.com/identity/data-theft-at-atms.shtml Quote Link to post Share on other sites
