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newyorkconsumerist

I am planning on suing BoA/FIA card services for violations of the FCRA

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I tried to get a home loan back in 2012/13.  When they pulled up my credit report, there was two accounts from BoA on there that I had no recollection of.  I disputed those items on my credit report and they came back verified.  A few months later, I was hit with a hold on my funds in my bank account...


Fast forward a month and I find out that BoA had received a default judgement against me in court.  I go to the court and request all the information regarding their complaint and proof of service.  I find out that their "proof of service" was no proof at all.  They served someone who wasn't at my address and in all honesty had no description of anyone I know or who would be related to me.


I wind up filing a motion to vacate the judgement.  I wrote the motion all by myself and served it to BoA's attorneys on file with the court.  They respond to my motion but ultimately the judge rules in my favor and I get a chance to fight these guys in court.


I go to my court date to fight the debt and we finally get our case number called up.  I tell the judge the merit of my motion and that I dispute the debt and that I would like to call their process server as a witness to cross examine them as to who they served the complaint to.  The plaintiff's attorney's said that the process server doesn't live in the state anymore and can't be called for questioning and then pleaded with the judge for an adjournment and the judge complied.


So after we step down from being in front of the judge, the plaintiff's attorney begged me not to pursue this case in court anymore and they would release the lien on my bank account and have BoA removed the erroneous accounts off my credit.  Push comes to shove and I stupidly believed these scumbags, so I sign a motion to dismiss without prejudice in order to have my funds released and I was hoping that they would follow through with removing those accounts from my credit.

Instead, BoA decides to just start reporting these bullsh*t accounts now every month as a way to punish me for beating them in court.  I emailed the CEO of BoA and asked them to help me resolve this matter without litigation and they said no way.  Now I have no choice but to bring a FCRA suit against them and this is where I will need advice.

This is what the account looks like as it is currently being reported on my credit...
boa1.png

I need to know when does the countdown begin before this negative item falls off my credit report.  According to the person I've been speaking with at BoA it is 7.5 year after the charge off date.  According to how they are reporting it, it says it was a CO in April of 2011.  How can that be correct?

I also want to know what would be the best way to begin discovery before I even file my FCRA with the courts?  I want all the records BoA has on these accounts so that I can review them for inaccuracies so I can nail them like the scumbags they are in court.

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I never opened these accounts.  I do want to obtain all the records that BoA has in regards to these accounts so I can find out what these accounts are all about.

 

And ultimately, I don't understand how they are reporting the charge off.  Was the account charged off in April of 2011 like the report says?  And why was there "No Reporting" for months after that until I beat them in court and now they religiously report the account as a "CO" meanwhile it's not even my account?

 

So weird.

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The account is being reported again because your escapade in court brought it back to the forefront as far as the computers are concerned.

Before starting a lawsuit, I would send BOA a letter, CMRRR to their legal department, demanding that this credit line be removed from your credit reports and if it is not in 30 days, you are going to file a FCRA suit.

BTW, the reason they wanted you to dismiss is that the attorney would have been in big trouble if it came out in court that they did not follow proper process service procedures and without the actual server, they were up shits creek without a paddle. They cared more about their own rear ends than either BOA or you. In fact, I bet they did not tell BOA about the deal they made with you.

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Yea, I'm pretty sure that's exactly what BoA's attorneys did.  I should have known better than to trust another attorney.

 

Now what exactly should I say on my intent to sue letter to BoA's legal dept?  Is the way they are reporting that account against the FCRA?  I emailed the CEO of BoA and promptly received a response from someone in that office or whoever handles those emails and they researched my account then later called me back and said that the negative account would continue to report 7.5 years after the charge off date... Now according to how they are reporting it, they are saying it was "CO"ed in April 2011.  I just don't understand how that could be accurate.

 

Also, should I demand all documentation regarding the accounts they say belong to me or am I going to have to do that in discovery after I file my suit?

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That's why you get everything in writing when dealing with these.

They won't send you anything unless the court makes them, so that would be in discovery.  I would also file an identity theft report with your police dept. if these are not your accounts. You can send a copy of the report along with your ITS letter.

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That's why you get everything in writing when dealing with these.

They won't send you anything unless the court makes them, so that would be in discovery.  I would also file an identity theft report with your police dept. if these are not your accounts. You can send a copy of the report along with your ITS letter.

 

Well, I was also wondering about how to go about a identity theft report on something as old as this account.  I only became aware of it after I was already being sued.  And for what it's worth, after I won the court case with my motion to vacate judgement all the CB's put an identity theft protection or whatever it's called on my credit files but it didn't do much.

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I do not know about New York laws when it comes to reporting Identity Theft but I know here in Minnesota, the local police are required to take a report no matter how old the theft is. Even in New York, I would simply go to the local police station and request to file a report and see what happens. Just explain to them that you just found out after being sued.

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I do not know about New York laws when it comes to reporting Identity Theft but I know here in Minnesota, the local police are required to take a report no matter how old the theft is. Even in New York, I would simply go to the local police station and request to file a report and see what happens. Just explain to them that you just found out after being sued.

 

Okay, I will give that a shot as well.  But seeing how these accounts are almost 10 years old I'm not sure what kind of leverage it will give me in persuing a FCRA civil suit against BoA.

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The FCRA does allow for stacked penalties - so if this account is reported in error, you can get $1,000 per month going back to 2010 - that's the leverage. So 60 months could equal $60,000. Not sure if you could pursue putative damages so you'll probably want to speak with an attorney.

 

You could also sue the law firm for fraud and breach of contract as well...

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