Suing the OC

[Ngstone]

I have a charge off with a credit card company. I disputed with the CRA's as not mine first and all came back as verified. I then sent a letter to the OC asking for supporting documentation. 30 days has past with no response.

I called the OC and the only people that will talk to me is the "security" department, which tells me they wont investigate until I sign an affidavite stating its identity theft. I told them about 623 of the FCRA, but he said they dont care. The OC even verified as accurate AGAIN, during the 30 day investigation period. Im ready to move onto small claims to get their attention, but Im confused on which violation to sue on. I have read the link about the process of requesting verification with the OC, but I cant find anything on sucessful litigation cases. Do I sue on SS 623 for failing to investiage within the 30 day period? Or verifying as accurate with no supporting documentation?

Thanks in Advance

[E. Normis Debtor]

I suggest a thorough reading of Johnson v. MBNA. Go to The Blog and you'll find the link under "frequently requested cases".

[Max H]

Originally Posted by E. Normis Debtor

I suggest a thorough reading of Johnson v. MBNA. Go to The Blog and you'll find the link under "frequently requested cases".

Why not just post the link right here instead of trying to sucker people into visiting your website? I've seen your spam all over the internet and it isn't appreciated.

Here is the link to the Johnson v. MBNA case you would have just posted here if you weren't trying to spam the board.

Don't tell us you aren't a spammer because I've seen your spam all over the USENET newsgroups, on the MSN egroups and on the Yahoo egroups and just about every message board on the internet.

You ought to be ashamed of yourself.

[jasen]

Billie?
j/k (or am I?)
I've seen Norm post on a couple credit related boards, but I never see him try to sell anything. And the advice he's given has always been sound, IMHO. His blog doesn't even sell anything. I don't bother with yahoo/msn groups or usenet anymore, so I can't comment there.

[MissaFraQ]

Normie!!

[Ngstone]

Here is the meat of the letter that Im sending Applied Card - Any suggestions from the pros?

Applied Card Bank:



Please be advised that Applied Card Bank has violated my rights under Federal law and is going to be the target of a lawsuit for the following violations:


1. Per my rights under the Fair Credit Reporting Act [15 U.S.C. § 1681s-2] § 623.(D), I sent a notice of verification to you on September 19th 2006 about the above referenced account. Attached is proof of your receipt and signature. Per the statue, Applied Card Bank had 30 days to verify the account as being reported correct or delete it from my credit report. Applied Card Bank has failed to delete it and or report its finding to me and to the Credit Reporting agencies, a $1000 violation.



2. Applied Card Bank has failed to report this item as disputed on all of my credit reports as required by the FCRA § 623 (a)(3), another $1000 violation.



3. Applied Card Bank has reported this account as "verified as accurate" on 3 occasions, when I have disputed it with the credit reporting agencies. Applied Card Bank has never provided any documentation to prove the ownership of this account as I have requested. Applied Card bank has knowingly provided the credit bureaus with inaccurate information, by verifying this account as being reporting correctly. $1000 times three occurrences.


You have 10 days from receipt of this letter to agree to settle this matter with the following terms:


1. Agree to permanently remove this trade line from my credit report.

2. Agree to settle your violations for $1000.


If you fail to do so, I will file suit and get a $5000 judgment for negligent and willful noncompliance, as allowed by the FCRA 15 U.S.C. § 1681n] and 15 U.S.C. § 1681o.

[admin]

Originally Posted by Max H

Why not just post the link right here instead of trying to sucker people into visiting your website? I've seen your spam all over the internet and it isn't appreciated.

Here is the link to the Johnson v. MBNA case you would have just posted here if you weren't trying to spam the board.

Don't tell us you aren't a spammer because I've seen your spam all over the USENET newsgroups, on the MSN egroups and on the Yahoo egroups and just about every message board on the internet.

You ought to be ashamed of yourself.

Normie's ok with me. Down boy!

[divemedic]

There is no right of private action for 623(a) violations. Also, your reference to 623(d) in point #1 must be an incorrect cite, as that deals with enforcement by public officials.

Lastly, when citing the FCRA, it is usually done like this:

15 U.S.C. § 1681s-2(c)

the numbers like this:

623(c)

are just used for reference.

[johngliha]

You won't find any cause of action for an incorrect item being reported in your personal credit file. There is no remedy. I've been working in this area for 15 years and I nearly memorized Title 15 and 12 CFR.

Best regards,
j.gliha

[SOC]

No private right of action unless you have actual damages. What I just did was Signed a $30g mortage at @ 12% and I had them sign me a note that they would have gave me 8% exept for the one negative tradeline by KHEA (the OC). So I set them up over the past nine months for thier inaccurate reporting. I am prepping my Case this weekend to file. So it can be done, you just have to play them out,.

[NASCAR_Devil]

Another thread rises from the dead!