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I sued credit reporting agencies and creditors and WON!

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  • I sued credit reporting agencies and creditors and WON!

    I have one more to go but I sued all 10 of my creditors and all 3 credit reporting agencies and won most of the cases and 4 others were settled with the agreement to delete the accounts from all three credit agencies. I technically have over $30,000 worth of judgments that I can collect but I am only interested in getting the accounts deleted.

    It only works if the creditors are genuinely reporting false information on one of the records that includes calling an account a charge off when it is really a bankruptcy.

    How I won is I filed a claim in small claims and sited the FCRA where they are required to appropriately verify an item within 30 days or delete it. If the creditor reports an item as "verified" when it's incorrect they HAVE to delete the account when you send proof it's false. No NEGOTIATING if the creditor did NOT verify the information correctly don't settle for them "correcting" it. It's too late, they had their chance and keep trying to falsely report the information. Now they have to delete it.

    I only won a money judgment, they didn't allow specific performance to remove the items because they didn't have juristiction but I was told that if they don't delete it now, I can sue them again. I have also been told by the court that they can enforce the judgment against the bank creditors with a writ of execution. Don't let them bully you! You may have filed bankruptcy but you don't deserve to get double or tripple black marks on your credit report! Good-luck everyone!

  • #2
    Good for you!

    I'm actually gearing up for this and hoping they will report false info. I recently received a 2 year free credit monitoring offer for all 3 bureas as part of a CW stolen identity settlement. Here in California I can use the small claims court and also get injunctive relief. It won't be expensive or time-consuming and I'd like the extra money too! Thanks for the tip about deletions rather than corrections too. I will ask the judge for those too.

    I have Crapitol One and HSBC and I know they are FAMOUS for their false credit reporting.

    Did you also serve the bureaus, along with the creditors? I have had situations in the past where the bureaus are lying and the creditor was actually telling me the truth in that they did NOT verify the info and they even tried to get the bureau to remove and had difficulty. If I can't determine who is lying, then do I serve the bureau too and let the judge figure it out?

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    • #3
      I will be looking into this as well. I actually have 6 loans on my credit that are not mine and I even had to BK on them. I am waiting to see what happens after I am discharged. After I am discharged from BK and have everything fixed on my credit report I should be in a lot better shape then 3 years ago before all my credit problems started. Myself I am not playing games anymore. Either they fix my credit report or they will have to pay the fee for not fixing the problem.
      Chapter 7 filed on 4/23/2010
      341 meeting on 5/28/2010
      Discharged on 8/19/2010

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      • #4
        Wow, I would love to sue TU -- they refuse to report a $0 balance after BK, instead they just leave it blank .. and the status is reporting wrong too. I've disputed it several times, but they don't change it
        Filed 8/2009
        Discharged & Closed 11/2009
        Now the rebuilding begins....

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        • #5
          Experian was my problem child.

          I had goggled lots of information on the net about them reporting information incorrectly and then flat out refusing to remove it which had me very worried because they got almost everything wrong on my credit report after bankruptcy.

          I disputed a total of 6 accounts. They were still reporting past due after my filing date, so basically more than 180 days late and I had never been 180 late on anything even before my BK.

          I disputed on line and to my surprise they corrected everything, and even deleted one BK'ed accounts altogether. I have no idea why they deleted one of the BK'ed accounts, but I'll take it.
          02-12-2009, Filed Chapter 7, Pro Se
          03-24-2009, 341
          05-28-2009, Discharged!

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          • #6
            **Edited.***

            Oops, wrong starting over, however great information.
            Last edited by SeattleBK; 07-02-2010, 09:55 PM.
            02-12-2009, Filed Chapter 7, Pro Se
            03-24-2009, 341
            05-28-2009, Discharged!

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            • #7
              Good job! Unfortunately, my county does not allow suing under FDCPA or FCRA in small claims court.

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              • #8
                Checked mine, Chase says my account was written off yet i'm paying back 100% to creditors, do I have the right to sue them. If they wrote it off, then why am I paying 6800 to them in the plan.

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                • #9
                  Lockedout~

                  That's exactly right~ I want to know the same thing you asked.......
                  ANYONE??????

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                  • #10
                    I'm having a similar problem with TU, but not chargeoff lines. Four creditors reported IIB with status dates later than the discharge date - as late as May 2010. I disputed with TU and they "verified" all four, and changed the status date to June!

                    FICO treats IIB as derogatories, so I have four lines that show "paid as agreed, closed, IIB" and my FICO score for TU went from 594 to 602 last week which I believe is based on June rolling back a month. FICO says I missed a payment or had a delinquency indicator reported 2 months ago, in June they said one month. So if they accurately listed the IIBs as 8 months ago my score might be around the 630-650 level (figuring the 8 point per month improvement from aging).

                    My plan is to use the new FACTA Investigation route with each of the four creditors, and a MOV letter to TU as next steps.

                    BTW, Experian has been the best in correcting these discrepancies. Equifax wasn't as clean but my FICO score went to 634 from 618 after they made their updates to my dispute.
                    Last edited by Charlie777; 07-12-2010, 10:33 AM. Reason: typo
                    Chapter 7 Filed 8/11/2009, Discharged 11/23/2009

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