Hi, I have a dispute with First Bank USA. I made a posting a couple of days ago. First Bank USA is just impossible. They claim I have a debt from Wachovia bank that they bought six months ago. I have sent two certified letters and they have not responded. I finally spoke to a person with this company, which was an effort, and this was useless. This bank claimed I was in chapter 7 bankruptcy, and damaged my credit with the 3 credit bureaus. I have never declared bankruptcy. Also this debt goes back 14 years. I have gotten the debt off EQ and ES, but it is still on Trans Union. The bank has verified the debt three times with TU. TU says that First Bank USA claims the delinquency is recent. So, should I get an attorney or should I go to small claims court? (FYI, I live in Boston.) I really need advice. Thanks
Do you have damages? Have you been turned down for credit? Charged a higher rate for a mortgage or car loan? Have your current CC's changed your terms because of this? If so, you have actual damages, and an attorney will take your case. If not, you can sue anyone for anything in small claims court. You definitely have violations of the FCRA.
You have to have actual damages even for small claims court. You'll get the case thrown out without actual damages.
I think I would see a lawyer. I think you have a claim that they are enabling identity fraud by reporting a bk that is not yours as well as defamation of character.
I would think he has FCRA violations. This is not his account, he tried to tell them, they ignored him. They put a ch 7 bk on his report when he never filed bk.
yes, that's true. they are fcra violations. but if you read the Cousin v TU appeal it got overturned on several accounts. 2 stick out as applicable here. 1. No actual damages. Yes, he was upset, but there weren't actual damages 2. A consumer report is one defined as one seen by a third party (a creditor). You getting your own report was judged to be a consumer report. Hence, if it's not a consumer report then errors or no, no fcra violation because it isn't over a consumer report... and no damages equals no case pretty much so far even small claims judges have thrown cases out because fcra violation all over the place... no actual damages, no case (just ask zcraws from this board). The case of no actual damages could be pushed in court but you'd most likely lose. and actual damages are so easy to establish.
