Can I sue CA?

Discussion in 'Credit Talk' started by rob_sp2000, Aug 3, 2002.

  1. rob_sp2000

    rob_sp2000 Member

    I paid a charge off to a collection agency. I recieved a paid letter and the whole nine. One month later a different collection agency called me saying they were collecting that debt. I told them that I had just paid it and I faxed them my paid letter. they said that they had purchased a bunch of debts from the other CA and it was just a mix up. They said I was lucky to have contacted them back because they were about to report it to the CRA's.
    I am in the process of buying my first house and about 3 months later, just before I am going for my mortgage, I check my credit report and they have a new listing saying I owe them and double the amount from the first CA. I called backed and the agent lied to me saying that I had never spoke to him and the manager immediately faxed me a letter saying that I owed them nothing and said that he was sending a request to have it deleted for my credit file. I could tell he knew that they had really messed up and I know CA's can get in big trouble for this sort of thing. I am waiting now for Trans Union to update it and make sure they actually did it.

    Can I sue these bast@#ds? It shouldn't effect my mortgage because I can overly prove the debt is paid. I just don't like the fact that they doubled the amount from 1500 to $3000 on my report. That shows they are very shady. Any advice?
     
  2. tmitchell

    tmitchell Well-Known Member

    It WILL affect your mortgage because the fact that it is on your report is hurting your score, regardless of whether you can prove it's paid or not.
     
  3. rob_sp2000

    rob_sp2000 Member

    It will not look great being there but the mortage agent I'm working with says that it won't be an issue. I'm doing a FHA loan. But should I go after them anyway?
     
  4. SweetnSas

    SweetnSas Well-Known Member

    If they are going to delete the information, you haven't been denied the mortgage, why are you trying to sue?

    For the record, anyone can sue anyone for anything. The question is - will you win. If you can't prove damages (no mortgage denial) and they've taken steps to remove the erroneous record, I don't see how it would be worth your time.

    The fact that a CA reports information in and of itself is not a violation. It happens far too often. It's can even be dead wrong - in many cases, it is. The problem is when they KNOW it's wrong but won't remove the entry.
     
  5. tmitchell

    tmitchell Well-Known Member

    If they are using your to determine your rate, it WILL hurt you. However, since you are FHA, I assume they aren't using score. If that's the case, you should be OK.
     
  6. rob_sp2000

    rob_sp2000 Member

    Yeah, they are not using a score. I just got locked in for %7. I am excited, about 6 months ago I had like $6000 in chargeoffs. Oner of my friends has a score in the mid 800's and just got a convential mortage at %6 1/2.
     
  7. Ender

    Ender Well-Known Member

    dispute w/ the CRA.. send a letter to request removal with a copy of the proof you got of paying for the tradeline..

    if they don't remove in 30 days, sue em.
     

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