Legal Question in Credit and Debt Law in Illinois
Unfair Credit Reporting
A company refuses to correct data in my credit report after repeated dispute of this charge. It has been misinformation, deliberate and malicious. This has been in dispute since Aug. of 99. A car was voluntary surrendered by the driver and I as co-maker agreed to pay the balance after auction. We came to terms of agreement signed by the lender and barrower, payments commenced. Payments were made on time as agreed. After a check of my credit report I found the item was written off under two different company names and money received under a third account. This third account was not in a database allowing me to receive a printout. The original debt was $9,343 but showed as $30000 in bad debt on my credit report. This was disputed several times an unchanged until I turned them over to the IRS. I stopped the payments after damages in increased interest payment to lenders, and other tangible costs were greater than the amount owed by me. This company continues refusal to report correctly as the agreement states. I will not pay due to the extent of damage. To date I estimate the cost of improper credit reporting has cost me $132,000, they will not take me to court but continue to harass me. What can I do?
2 Answers from Attorneys
Re: Unfair Credit Reporting
Sue them.
Re: Unfair Credit Reporting
Unfortunately, you raise a scenario that all-too-many consumers face -- the inability to correct an erroneous credit report. Your factual situation is a bit complicated, especially your claim that you have suffered damages of some $132,000, for you would need to be able to prove that damages in a concrete form rather than based upon speculation.
That said, you could file a suit called a "declaratory judgment" action, which seeks from the Court a declaration that you do not owe the amounts in question, with an appropriate injunctive relief forcing the creditor to remove your name from the credit report on this issue. You may also include a claim for your actual damages, if the proof exists that you suffered that harm.
-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]
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