can i sue OC employee personally?

I've had it w these BofA buffoons.

I'm ready to sue.

I want to know...can I sue a couple of their clueless employees personally?

quick background:

This is the only derog on hubby's reports. Its only on Experian. We're refinancing our home loan. Should close @ March 1st.

After disputing w CRAs & BofA, BofA:

1. is still listing inaccurate info:

• not mine-- (acct # all wrong)
• wrong dates, wrong amounts, etc.
• still listing 'past due' amt even tho debt was sold & paid in full years ago--I have proof.

2. has pulled DH's Exp report (soft, but still) AFTER telling us in writing that they sold the account. They pulled twice in January.

3. Re-aged the TL.

4. Verifies everything w Exp (since august of 03).

After sending them:

• a real nice dispute letter
• a sorta-nice "uh, maybe you didnt get my first letter--please delete" letter
• a "hello? anyone there? you're breaking the law, here's everything you're doing wrong, delete immediately or else" letter

they slap me in the face with this:

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"Thank you for your recent inquiry. We appreciate the opportunity to address your concerns. We have reviewed your request to update the status of your account [huh?] and report this update to all credit reporting agencies. [HUH??!!] This Bofa Acct has been sold, and we have instructed TU, EQ, EX, & Innovis to report this account as being sold to another lender. [WHAT??!!] You will need to contact them for further info...bla bla bla...and heres the best part... We sincerely apologize for any inconvenience this matter may have caused you. BofA recognizes the importance of quality service and accurate credit reporting."
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Ok, so the lady who sent me this....Sally McCoy, Credit Bureau Dispute Dept, obviously didnt (couldnt?) read my letters. So I sent the follwing to her attention:
--------------------------

Ms. McCoy,

Thank you for your response. I have enclosed copies of my last two letters, as I am not sure they were read thoroughly. In your letter, you stated â??We received your request to update the status of your account...â? However, I did not request an update of this bogus account, I requested that you prove to me that this account is mine, or have it removed from my reports. Since you did not enclose any proof that this account is indeed mine, I shall therefore assume that it is NOT MINE.

Your letter claims this account was sold. Who was it sold to? Why is it still showing a past due amount on my credit report?

As I stated in my previous letter, I am CERTAIN that I paid off any collection accounts over two years ago when I was attempting to get a loan for a new home. Even if this account was indeed mine, it was paid in full a long time ago, but it is still being reported as â??past dueâ?. Incidentally, I found some old credit reports from 2001, and although I do not believe it was mine, there was a Bank of America account with a â??date of last activityâ? of 7/96. Equifax and Trans Union DELETED that account when the 7 year reporting period had expired, which was in 7/03. I have enclosed documents to prove this.

Your letter states that you intend on instructing Trans Union, Experian, Equifax, and Innovis to report this account as being sold to another lender. Please read the following very carefully Ms. McCoy: This account is ONLY being reported to Experian right now, as far as I know. It is already being reported as â??transferred, sold to another lender.â?? You already know this because you illegally viewed my reports on Dec. 4, 2003.

As a Furnisher of Information, you have already violated the law by:

1) Reporting inaccurate information.
2) Illegally changing the date of last activity (re-aging).
2) Failure to report the account as â??in disputeâ??.
3) Pulling my credit report without a permissible purpose.

If this account happens to reappear on my file with Equifax or Trans Union you will be in violation of even MORE federal laws.

Do not further violate my rights by reinserting incorrect, disputed information. Someone there MUST know this is in direct violation of the Fair Credit Reporting Act.

Since you are obviously not able to prove this account is mine, and I can prove the accountâ??s date of last activity is 7/96, it needs to be deleted from my credit report(s) IMMEDIATELY. Do not insult my intelligence by claiming this may take 30-60 days.

I have already disputed this account with Experian several times since August, 2003. I firmly believe they do not conduct thorough investigations, but I should not have to try and figure out who is at fault here. I have located Bank of Americaâ??s Agent of Service for the state of Missouri. If this entry is not removed from my reports in 5 (five) days, I will file a lawsuit against both Bank of America and Experian, and we can let a judge decide which one of you did not follow Federal Law.

I check my credit reports every day, and I expect this account to be GONE within 5 business days of the date that you receive this tracked and confirmed delivery. I expect that date to be well before February 20, 2004.
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Guess what i got in the mail from them yesterday.

The same exact 'we're updating the status of your account' letter as above. this time it was from Carlotta Cawthon.

So, I'm suing BofA, but I wanna know....can I sue Sally McStupid and Carlotta Van-Half-Wit personally too? Has anyone done that here?

 

bump