Legal Question in Credit and Debt Law in California
Sent to collections in error, again
Last fall a large national bank sent my loan to collections in error - they acknowledged this error and agreed to remove all derogatory marks from my credit and to remove my account from collections. At that time they stated that due to the way the account was written off interest would not continue to accrue on the balance and therefore no certain montly min. payment was due, but that I should continue to pay what I could to get rid of the balance. Now exactly a yr. later they have placed my account into collections again, stating that I have not been paying enough monthly. Up until the contact by the collections agency I have recieved no contact in regards to my account and have records to prove I have consistently paid on the account every month at least a min. of $25/ month. What can I do,I've sent them 2 letters about the error, so far to no avail. On top of the latter, I have also found out that they have accessed interest on the account, despite their telling me this would no longer happen due to their previous error. I don't want to go to court, but I feel I have been unfairly targeted my credit is good and I'd like to keep it as such. the collections agency offered me a settlement of 50% of the debt, but I declined...
1 Answer from Attorneys
Re: Sent to collections in error, again
If the erroneous information has been reported to credit bureaus and has not been legally validated, then you have standing for defamation, invasion of privacy and/or FDCPA remedies. However, you may have to go to court if an out of court settlement cannot be reached.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
