Enough to Sue???

Discussion in 'Credit Talk' started by tonyd, Sep 19, 2003.

  1. tonyd

    tonyd Well-Known Member

    I filed BK in 2001...I reaffirmed 3 loans; 2 cars and 1 personal, unsecured loan. This unsecured loan was only reaffirmed because my BK lawyer and his legal asst told me that since it was a joint loan with my mom, they'd try to settle with her if I included it in the BK discharge. Thus, I reaffirmed it. I come to find out now...(while cleaning up credit for a mortgage) that the lawyer's office actually filed this reaffirmation with the court 5 days AFTER the discharge, which I just found out yesterday! I was trying to get the bank to modify the tradeline to read paid, because it's paid off now and the bank rep informed me it was discharged. When I questioned why they accepted money from me for 2 yrs on a discharged debt, they stated that I was "willingly paying" and the law does not allow them to voluntarily tell me that I did not have to pay it, only if I asked, as I did. DANG IT!!!

    So my question, can I sue the lawyer that did my case for not filing the reaf agreement in time, and then sending all the paperwork to me as if it was ok? I have copies of the agreement with the bank rep's signiture, mine and my lawyer's. One would argue that I should have noticed the filing date at the time (which would have been too late anyway by the time I rcvd the agreement in the mail), however that is why I hired a professional BK attorney instead of DIY. Can I sue?

    Also, I had an unsecured loan account w/a Big Bank Name that was included in the BK. When this lender gets a loan in BK for charge-off, they apparently convert it to another loan for some reason and write that new account off. They then cxl out the old one. In may case, they transferred the orig one to a new one but left the original loan account as open and delinquent for 2 years, apparently forgetting to delete it. It appeared as if I had 2 loans with them and added to a lower score I am sure. Is that incorrect reporting of a debt and grounds for being sued?

    How about this one: one of my auto loan lenders NEVER reported the Reaffirmation either, thus leaving the tradelines as a write-off! More to the low score! Can I sue here too!!!! ?????

    In the last 2 years, my credit file has been mis-represented with this. Is this considered an incorrect reporting of debts?

    One can again argue why it took me 2 years to figure this out, but I never really had a reason, I felt to look at my reports after the BK. I was down enough already and did not want to see the BK in writing again. It took me a long time to deal with that. I barely knew any of my rights. I did not know what the FCRA or any others were or anything. So I'd like some suggestions as to what should I do. Any takers?????

  2. Flyingifr

    Flyingifr Well-Known Member

    Tony - take a word from Mr. Litigation (me):

    Try to fix it with the creditors and CRA's first. lawsuit is the last thing you do. Judges don't like it when you sue first, then ask them to fix it nicely.

    Not that I'm trying to talk you out of suing them - have a good time. BUT, your chances of winning are much greater if you can show the Court how much they went out of their way to caus eyou harm and violate your rights and screw you over. Build THAT case, then sue them.
  3. tonyd

    tonyd Well-Known Member

    Hey Fly---

    I have taken steps to correct the loan tradelines, and I must say the banks and the CRA's were more than accomodating to do it except with the personal loan...it's a bit weird. I asked the CRA's to verify the old tradeline, and for some reason 2 of the magic 3 DELETED the whole entry! That could be a plus to most, however I NEED THIS positive tradeline to my advatage so I am having a difficult time getting re-inserted the right way, right now.


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