Legal Question in Credit and Debt Law in California
Creditor added new negative information and reinserted a deleted account
I paid off an equity line of credit and the creditor never reported as being paid. I disputed with the CRA'a and Transunion was deleted and Experian and Equifax were verifed. I disputed with the creditor directly about the incurrate chargeoff date, remarks and current status. They blamed the wrong chargeoff date on the CRA's and said they would correct the account to state paid. After many calls and faxes, the infomation was never corrected completly and accuratly. They also reinserted the account on Transunions and listed it as a forclosure, 120 days past due, closed 7/2007. The info on Exqifax was changed to foreclosed, Date Major Delinquency 1st Reported July 2007, chargeoff March 2005. My transunion score decreased 65 point because of the false and misleading information. The creditor has damaged my score to the point that I will not be able to apply for a student loan for my daughter because most creditor requrie clean credit for the last two years. After talking with the creditor and faxing all the documenttation they needed to correct m credit they didn't do it. If I didn't have credit monitoring service I would'nt have know about this. Can I sue them for knowingly and recklessly violating the FRCA and damaging my score?
2 Answers from Attorneys
Re: Creditor added new negative information and reinserted a deleted account
You can sue them. You should talk to an attorney who handles these cases. The NACA website, at www.naca.net, is a good starting point.
Re: Creditor added new negative information and reinserted a deleted account
From your description, it sounds as though they have violated the FCRA. If successful, these types of cases allow you to recover attorney�s fees. Feel free to contact me if you would like to discuss further.
Yours truly,
Bryan Becker
Member, National Association of Consumer Advocates
www.naca.net