Ok, here is a brief history, opened an account with Fidelity National in July 95, sometime in 97 was granted a hardship condition, they lowered the interest rate to 12% I was paying 47.00 a month, filed for CH 13 BK in October of 98, it was dismissed in 2000. Since June of 2000 the bank has turned it over to Sherman Acq who gave it to Alegis. It is listed on my CR with 2 separate account numbers by Fid. Natl.. I sent validation requests to all 3 companies, then estoppel followed by a copy of a small claims suit filled out, I threatened to file these tomorrow if they did not delete the accounts and pay for the violations. Finally today I get a fax from Fidelity National. He basically says since they have copies of checks where we paid them on the new account number, that we acknowledged we owed the bill. What now? He did not address the following> 1. They have noted that "customer unable to locate consumer" on our credit reports for at least 2 years. 2. They still have not produced anything with my signature. 3. On some of my reports the original accounts shows paid, on some it does not. On Transunion it changes several times in one year! 4. They have the second account number as being opened on the same date as the first account. should I bluff it out? File it anyway and hope the judge sticks to the law and does not get caught up in whose debt it is? I also reminded Fidelity that they can be held liable for the acitons of those two CAs. I have them on LOTS of stuff, everything from harassment to unauthorized inquiries. ADVICE NEEDED! P.S. I have a total of 8 deletions so far using methods off this board!
the question is whether they have followed the law... have they provided you with proper validation? Have they reported the account correctly to cra's..... have they followed rules pertaining to bk ( how was this account listed in the chpt 13) and in the discharge if you have them on violations, I say go for it, i bet they don't want to go to court.
Was this included in your bk and if so, what are all the particulars that pertain to this acct as far as the bk is concerned?
The BK was dismissed, not discharged. BTW, Sherman and Alegis are sister companies, the same company, kissing cousins, different branch of the same place. Sassy
So you made payments on an acct where they changed the acct #? Big deal. You have the right to ask for proof of the debt. FCRA says they must report 100 % accurate info. Obviously, by reporting they can't locate you, they are not reporting accurate info. You might send the person at Fidelity that faxed you today, a little note that you have proof it is paid in full( your credit report). That most likely will get you no where, but it would be fun. Short of that, I agree that if you have your paper trail intact, file your lawsuit. They most likely (not 100%) will not want to go to court.
Not only that...they should not be reporting the same debt under two different account numbers. If they are reporting something different with all three bureaus, then they are obviously reporting it incorrectly at two of them...which is what I would go after. I wouldn't even get caught up in the "who's debt is it" scenario. L
The fact that they have copies of checks that indicate you paid on a new account number is not proof of anything. Can they prove that they did not receive checks and then annotate the account number on the check themselves? Not likely. If they have checks, which likely would indicate your address, how can they contend they could not locate you? Sounds like there are a lot of holes in their response.
I just got off the phone with them again. The guy claims he cannot take the notation off about them not being able to locate us because it was true at the time! LOL! He also contends that they are not responsible for updating the account and that since the original account was opened in 95 it is okay for the second account to report that as the open date also. He does not seem to understand anythingn about the FCRA or how it pertains to reporting. I guess it is off to court we go!
He basically says since they have copies of checks where we paid them on the new account number, that we acknowledged we owed the bill. cjoyner ====================================== Which account number is on the checks they say that they have ? What account #s did you put on the checks you wrote? So they change the account # 15 times and now you owe for 15 accounts because you gave them checks -HOW SWEET IT IS !
Credit reports and credit scoring is just one big fleece ripping off consumers for billions of $ Oops LKH I guess you've heard that before- Sorry I couldn't resist. LOL
If they are reporting something different with all three bureaus, then they are obviously reporting it incorrectly at two of them.. .whyspers ------------- ===================== Actually they are reporting wrong to at least 2 CRAs with a possibility of reporting erroneously to a 3rd CRA.
We put the second account number, my guess is that by the time we got to that point we did not even realize they had changed it. Obviously I was under a lot of stress and we had been unable to use the card for a long time anyway. Stupid as it sounds, we probably did not realize that the account number had changed.
