Okay: Going back to 1996/1997 I have a First Premier secured card, $250 credit limit. I was past due on the account to the tune of $335.00. They took the secured money, which left me a balance of $85, to which I paid their collection agency JC Christensen and Assoicates at the beginning of 1998. This left the account as a paid charge-off. Equifax couldn't verify it and deleted it back in September 2001. Transunion verified it as paid/charge-off and placed it as such on my report. Experian verified that it was correct and continued to report it as Charged-off/Past Due $85. I disputed it twice with Experian and they finally updated it as Account Closed/Charged-Off - $85 past due I sent a PFB letter to First Premier and was sent a letter stating that they were reporting it correctly, they refuse to remove it and I'm plain SOL, too bad for me. I contacted the lady who wrote and signed the letter personally, who referred me to another guy (Corey??). I played phone tag with him for over two weeks, but could never get a hold of him nor did he call me anytime when I told him I would be home. I'm finally pissed off about this account, as it's my only real negative listed on my Experian report. I would've been happy if they would have reported it as a paid charge-off, but Experian refuses to reinvestigate it at all now and I'm having no luck with First Premier at all. So I've decided to file a suit against First Premier for violations of the FCRA for willfull non-compliance in their reporting of my account to Experian. I might include Experian for continuing to update this account and not giving me the chance to dispute it further. The last time I tried, I got a letter from Experian saying my dispute was frivilous and to take it up with the OC. SOO! Do I have a case here? I can show damages, believe me. On that note: I'm now suing Genesis Financial, regardless of weather they remove the account from my report or not. I was denied a American Express Delta sky miles card! Reason: I have an account that's past due 90+ days. I've had one past due 90+ days in the last twelve months. I've had an account recently listed as past due 90+ days in the last twelve months. This is all Genesis Financial. It's a bogus account that I never opened (United Credit). I attempted to sue United Credit, but they are out of business because of their marketing practices. I sent a fax to Mrs. Mcbride, who contacted me last week, but I wasn't home. She left a message telling me she would try to contact me again at another time. She has never called back. But when I got the denial from American Express (wasn't expecting that) and found out WHY they denied me, it sent me off. I've got damages, boy do I ever for both of these cases. I just need assurance that I'm on the right track with this one. You know I lost the last case, but only because the creditor did what they were supposed to do and deleted the account... 2 days before the trial.
darkdoj, I would say yes, you absolutely have a case, and some actual damages as well. Good job at documenting as well as gathering up some damages along the way. From eveything you said, it seems like an open and shut case. They're reporting the account incorrectly (they have to be since 1 CRA shows it as paid/chargeoff while the other shows it as unpaid) and are in violation of the FCRA, plus you have your damages lined up. That's ridiculous that you lost your other case simply because the OC deleted 2 days before trial. WTH kinda BS is that? Guess the courts are sending the message that an OC can get away with ruining your credit by reporting an account incorrectly, violate the FCRA, and not have to suffer the consequences by simply deleting the account in question 2 days before they're set to go in front of a judge. Amazing. Anyway, good luck, you're on the right track.
I think you could sue TU for not notating the account in dispute, and with EX for failing to investigate. Did EX show the account in dispute while it was in dispute? I figure you have EX on multple violations. Genesis Fin is a joke. I have 2 friends that I'm helping with their reports and both have Genesis. Both are near the suing stage with them. I would like to be kept updated on the Genesis saga. Charlie
I know Genesis is a big joke. I've already helped three people get items removed in less than 30 days. They already deleted the account on Experian but refuse to delete from TU. Equifax is another story because it was gone and then magically reappeared. I think I have Equifax on that one. I have three reports that have no mention of them, then poof my file is screwed up and when I am able to pull it again after Equifax fixes whatever they broke, the account showed back up. Genesis is going to feel this one. I'm tired angry and ready for battle. I've been an expert witness on trials before, I've been sued dozens of times (old company, dissolution of corporation, corporate veil, directors commiting fraud and leaving two of us holding the bag) I'm no stranger to courts. I want both these companies really bad, and I've given both AMPLE opportunity to correct their mistakes, they choose not to comply with the FCRA and think they are above the law. Genesis is a push over but there is so much mismanagement there that things never get done right the first time. I will keep you informed and my email is on as well.
