Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Jan 2009
    Posts
    7

    Question Backtracking and Bad Recordkeeping

    My question involves collection proceedings in the State of NJ.

    I am at the end of my rope on this one! I pulled my CRA's back in 2004 which made me a bit of an expert as I was hit with mixed files and fraudulent accounts both.

    With one bank there was a charge off listed dated 1999. I called the bank as I never did business with them to get additional information. I was told the account was opened in 1999 at an address I no longer lived at through a "direct mail" offer. Someone signed my name on an offer of credit at that address. When I asked for more details, the bank clammed up and I suddenly "did not answer their challenge questions correctly". They were unable to tell me if it was a different social, mother's maiden name, or any combination of similar questions.

    Being diligent, I send in writing as requested a dispute letter requesting validating information and the removal of the trade line from my CRA. I argue with the bank by phone and all letters are disregarded until Feb 2006. At that time I get a document confirming they have no validating evidence and they have instructed the CRA's to delete the trade line.

    I was writing to the CRA's supplying this letter with endless frustration because they will not acknowlege it. Eventually I am sent a letter from CEO David EMery of Trans Union telling me that I "fabricated" this document, as well as another document on a mixed file trade line. He continues in this letter to indicate I am responsible for a spouses debt and the standard rhetoric on that. Aside from that, I note the account has been re-aged to 2006 (the date of my letter) so that was another issue I am disputing.

    I write countless disputes to every government agency because this is a ridiculous accusation and I have NEVER been married.

    I get a letter back from the bank stating they have no record of the letter they sent to me, and they accused me directly of fabricating this documentation as well as alleging that they have a judgement against me with a law firm.

    I contact the court house - no record of a judgement. I contact the law firm, and the phone number is disconnected. I research the law firm on line and learn they are not a law firm but a junk debt buyer who never sent anything. Based on their reputation and record of past litigation in all 50 states for FDCPA violations (they are banned from doing business in several states), I won't even initiate a contact.

    What would you recommend on defamation of character with the CRA's. How should I escalate at this point. I don't have the money for endless retainers.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Backtracking and Bad Recordkeeping

    By now, the entry has probably dropped off of your credit report. I'm not sure why the account was "re-aged" in 2006, or whether that was permissible, and unfortunately I can't read your credit report from where I'm sitting.

    If you think you can prove any of your claims in court, and can articulate a valid basis (e.g., a violation of the FCRA or FDCPA) you are free to try. If you don't want to pay for a lawyer, see if you can find one who will represent you on a contingency basis or in anticipation of an attorney fee award, or sue yourself in small claims court.

    1. Sponsored Links
       

 
 
Sponsored Links

Legal Help, Information and Resources