Now I don't know what to do. I have violations on Nextcard and EQ. I called small claims yesterday and since Nextcard is in California and I'm in Ohio, they said I couldn't file with them and they had to refer me to the bar association for assistance. I then called that number and they refered me to a lawyer. I called this lawyer and he didn't have a clue. I told him what was going on and he asked if there was a law to back up what I was saying! Then he asked me to bring the laws in with me!! He also informed me that this could cost up to $5000 to sue them! What should I do?? Who can I call and shouldn't I be able to sue them for false info on my credit report? I have the proof but I'm not going to pay 5 grand to have this corrected. If anyone can give me directions on how to proceed on this, I would be very grateful. I don't know how to proceed but I want this cleared up and I have a very strong case. Thanks in advance. Mysti_Summer
First of all, Nextcard no longer exist so, you need to find out who is servicing your account. www.naca.net is a link to consumer lawyers. See if one is nearby.
Thanks for the reply, keepmine. I know they no longer exist. But they keep verifying the account and this month they added more late pays that are bogus. Someone from there keeps verifying so I'm suing them for wrong information!!! Mysti_Summer
Is your Nextcard account still open and being serviced by another company? If yes- -The new company should be reporting the account, not Nextcard. When one of my accounts changed hands, the account number remained the same but the company name changed on my reports. If no- -If its closed, you may be safe by providiing proof that this company no longer exists and dropping them from the suit. But of course you would have to have a preponderence of evidence. Maybe even a letter from the Banking Commission or one of their governing agencies.
Thank you Queen Bee. This account is closed and has been since May of 2002, paid in full. But now they have added 120 days late on my credit report on this closed account. I don't know what to do! Nextcard is verifying with EQ, but won't respond to my letters to them. Mysti_Summer
Hi With Nextcard out of business,a procedural request letter to CRA would be interesting. They likely will ignore it which gives you another violation.
Did that too!!! Sent procedural a month ago to CRA. NO REPLY!! Yes....another violation. But how do I sue? What court do I use and what's the cheapest cost? I don't want to hire a lawyer. But I know I can win this with the violations I have. Mysti_Summer
You CAN sue the CRA in small claims: An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. BTW Nextcard is NOT a member of TU anymore so if they verify it's their ass.
1*I told him what was going on and he asked if there was a law to back up what I was saying 2*Then he asked me to bring the laws in with me!! Mysti_Summer ================= 1*What's he asking you this for? I thought he was the lawyer not you! 2*He wants to charge you $5K for being your own lawyer. That's typical they want you to do all their work and they expect to get paid for it. Sounds like the CRAs don't it?
I know lbrown, so I say....SCREW HIM! I won't hire him to represent me. I know I can sue Equifax in small claims, but that won't get the leverage I need to get it deleted, will it? I want it deleted so I think I will have to go after Nextcard, won't I?? Mysti_Summer
