rostrow416 Posted October 9, 2018 Report Share Posted October 9, 2018 Hi everyone, I just had a couple questions regarding any legal action I could take. I've been in a back and forth with Barclay's Bank Delaware for several years now. Its in regards to a credit account I had in 2011-2013. The account charged off, and they sent multiple debt collectors after me. Forster and Garbus sued me over the account, and eventually dropped the case. Barclay's has not bothered me since but I have filed several CFPB complaints against them. The last balance shown on my statements was $1,527. Everything since has said $1,677. The credit bureaus reported both (Experian and Equifax reported the former, Transunion the latter). After the first CFPB complaint they were all updated to $1,677. After the second complaint, I had several charges that I disputed removed by Barclay's which lowered the balance shown to $1,210. But I still disputed the interest accrued on the $467 they credited and the $150 that was added after the final statement. My goal is to get this account removed from my credit reports sooner than the end of 2020 (when its set to drop off anyway) and basically stick it to Barclay's a little since I had disputed the charges since 2012. Can I file a claim against them for adding fees after the final statement or for not refunding the interest charges since they found the $467 to be fraudulent charges? Thanks! Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 10, 2018 Report Share Posted October 10, 2018 12 hours ago, rostrow416 said: Can I file a claim against them for.... You can file a claim for anything you want. The question is will they have a good defense to whatever claim you allege. What was the $150 for? The interest on the $467 should have been refunded. Did you dispute it? They aren't obligated to correct something they have not been made aware is incorrect. Quote Link to comment Share on other sites More sharing options...
rostrow416 Posted October 10, 2018 Author Report Share Posted October 10, 2018 The $150 was added approximately a year after the account was charged off. The final statement I received was for 1,527, and for the first 9 months collections agencies sent me notices for 1,527. When Forster and Garbus sued me for Barclay's they sued for 1,677. In my interrogatories I asked them to explained the difference (one of many things I asked), but I never received a response and they dropped their suit soon after. My disputes through the CFPB earlier this year had them remove fraudulent charges (which I disputed even before the card was charged off and they decided against me then), but they only removed the original charges and not the accrued interest. They gave me a run around response when I also requested the interest refunded. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 10, 2018 Report Share Posted October 10, 2018 16 hours ago, Harry Seaward said: What was the $150 for? Quote Link to comment Share on other sites More sharing options...
rostrow416 Posted October 10, 2018 Author Report Share Posted October 10, 2018 I don't know. They never answered that. Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 11, 2018 Report Share Posted October 11, 2018 17 hours ago, rostrow416 said: I don't know. They never answered that. First, you need to find out the reason for the charge. Second, in most instances, TILA has a one-year SOL. Have you disputed the credit report entry with the credit reporting agencies? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 11, 2018 Report Share Posted October 11, 2018 I rarely advocate arbitration against an original creditor, but it sounds like you have a genuine dispute with them, and arbitration will be more of a PITA for them than just deleting the account. So that's probably the approach I would take. Quote Link to comment Share on other sites More sharing options...
rostrow416 Posted October 11, 2018 Author Report Share Posted October 11, 2018 Thats why I was interested in pursuing a claim. They added the amount, and never answered for what, either in court or in my CFPB complaint. TransUnion has removed the line but the other 2 wouldn't. Quote Link to comment Share on other sites More sharing options...
rostrow416 Posted October 12, 2018 Author Report Share Posted October 12, 2018 Thanks Harry, I'm going to look into arbitration again. I'm pretty sure I had AAA and JAMS named as arbitrators in my original credit card agreement, does that still hold true since it looks like they changed to just aaa? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 12, 2018 Report Share Posted October 12, 2018 AAA is better anyway. Lower costs and you can't get strapped with their arb fees, even if you lose. (Only if you bring a claim in bad faith, so make sure you have a legit claim.) Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.