i asked this before, but i hadnt checked my cr in awhile. but i know now. its been over a year, since i paid off a 2300$ debt/judgement. i agreed stupid me, that my report would show paid. no problem until i get turned down for a mortgage,car loan etc... that was 1 year ago. i called the oc and ask if they would update my credit report to paid. they said no problem. now 1 year later it still says unpaid. they even sent me a letter after that conversation saying it was paid. by law do i have to validate to the oc or the cra? monday morning id like to file a lawsuit against the oc on 2 counts deflamation violation fcra i feel a validation letter will only give them a chance to put paid on my report. i want to get this in court before they have a chance to save there asses. ok am i way off base here?
You have damages as you've been denied credit due to their inaccurate reporting. What I would do is, if you have proof you have repeatedly requested they update this, is: 1) just file suit 2) send them a demand letter advising them that it is apparent they can't report this accurately and a year is way to long for them to get it together. You want them to send a UDF to the cra's telling them to delete it, with copies to you. If they refuse, sue them. 3) if you just want it marked as paid, fax the letter you have to the cra's and they will update in about a week.
thanks alot, im going to think about either of 1+2 #3 i know i can get them listed as paid, but after getting approved for a car loan this week with 18% im sorta peed off. they told me if that was removed id get better rates. obviously. so i did get approved in a sense for this loan, but 18% is hardly getting appoved. i was rejected for a mortage and i had to have my mom buy the house for me. that really is embarressing. this is the only account left that ive been sitting on, just want to make the right move here.
You have significant damages Opie. Follow LKH's advice to the letter, (1%2) Their next communication from you should be from a Sheriff. If you do #3 all they'll do is correct it. You don't want that. You want it GONE! Can you get letters from the car co. and mortgage broker? ???
I lost my post.......LOL..I guess this gives a whole new definition of losing one's train of thought. It looks like mine never got out of the station. what I meant to say was... Both Butch and LKH have provided excellant advice, but I would suggest to sue both the OC and the CRA. There is no way to know for sure at this point who is in the wrong. That is for the courts to determine. Besides, you might just get them to attack each other playing the "Blame Game". fla-tan
Well...I think you need to step back a minute and look at the whole situation. You paid the debt and from your post, it only appears that you contacted the OC once to update your credit report to paid. I don't see that you disputed with the CRA at all (did I miss this part?) I think you need more than this to bring a successful lawsuit. You don't appear to have a paper trail and if it was only the one contact (do you have proof that you did contact them and they said they would update it to paid?) they could say "sorry" and fix it and that be that. I would suggest disputing it with the CRAs. If that doesn't work, I would then send a modified validation to the OC. This way, if they don't correct/delete then you have a papertrail for your lawsuit. Without that, you give them an easy way to say "oops, sorry...just an oversight...won't happen again". Just my opinion... Oh...wanted to add...if you have never disputed this with the CRAs, then they aren't at this point liable. As far as they would know...the information would be correct because you have never told them otherwise. L
Totally agree with Whyspers, you need that papertrail! It's not hard for them to deny or say it was a simple mistake on their part. Once you have a papertrail and can prove you contacted them and exhausted all other means can you go ahead and sue them. Then it will be much harder to say it was a mistake, it is then called willful misconduct and negligence a close second. Send those letters to the OC, CRRR. When you get the card back I would then start a dispute with the CRA. If neither comes back accurate or as you wanted I would send a final letter to the OC giving them 2 weeks to update or contact you with a resolution. After 2 weeks expire I would then file my suit. You should then have completed your elements to win your suit against them. Keep those credit denial letters too!! Good Luck! Tac
Opie -- Did you ever get that other issue about the 1900 dollar debt that you posted about some time back resolved???? ?????
