how do you file a lawsuit vs CRA

What type of a debt was it? Was it a Charge off, Collection , ? If it was a Charge off , they do not have to remove it.. They have to report it as paid.. If it was for a debt that you did not owe. it is a different story..

 

You treat a charge off just like most other debts you want to get removed from your credit reports. No difference at all. You simply force the creditor or collection agency to take it off for you and eliminate the debt too. Kill 2 birds with one stone that way.

The credit bureau can't report a debt that you don't owe and does not exist. If you pay the debt then it will get reported for the next 7 years, but if you make the creditor or collector take it off for you, they can't report debts that you don't owe.

 

As far as I know, you are out of luck.

That's what happens when you pay the debt to the bill collector once it has gone bad.
You have no recourse and no way to get it off except maybe to just keep on spamming them hoping to catch them off guard or too busy or something and get it off that way.

 

Re: how do you file a lawsuit vs CR

Joe, I don't know if Bill Bauer has adopted a zero-solicitation policy, LOL, but please let me volunteer to recommend that you send him an email. That fellow has chalked up quite a few successes in helping me and a few others dislodge difficult tradelines when the do-it-yourself and buy-it-yourself efforts have failed.

Write Bill at ceo@creditwrench.com.

Doc

P.S. I'm not affiliated with Bill other than the fact that I've been a satisfied customer.

 

Re: how do you file a lawsuit vs CR

Psychdoc:

NO, I really haven't adopted a zero solicitation policy at all.
I really can't do the person any good when the bill is paid in full. Once it's paid in full, one loses his protections under FDCPA and I don't have any way to go to bat for them.

So it's not going to do him any good to email me because the answer still comes out the same.
And if I can't do a person any good then I sure am not going to take them on as a customer. I just don't operate that way, and of course you know that already so I'm not saying that for your benefit.

So his best bet is to try to keep on disputing it and he sure don't need me to do that for him.
Be best to wait until about the 1st of December so he hits the christmas vacation period when the credit bureaus are likely to be short handed and bombarded with all the spam artists trying to get stuff off for their customers.

That's not really far off now, so the wait would be well worth it.

 

Re: how do you file a lawsuit vs CR

Um, Bill, you forgot. The PHEAA student loan tradelines you helped me remove were COMPLETELY PAID OFF, IN FULL, NO CHARGEOFFS, NOTHING OWED. There were 15 unfair tradelines. I sent a slight variation of the infamous creditwrench letter to them, and they apparently scrambled for cover.

Doc

 

Re: how do you file a lawsuit vs CR

Well, that's all quite true. I did happen to get rid of that one for you. You aren't the first one either, and you won't be the last one, but I sure would hate to have somebody come to me when that's the only problem they have. The chances of a miss are just too great for me to take that kind of a chance.

If they have other problems and we can cure those and they understand that getting rid of a paid charge off are fairly slim, then they won't be disappointed, but if that all they have and we don't get rid of it, they aren't going to like that too well.

 

Re: how do you file a lawsuit vs CR

Hold your horses!

1. What do you mean a paid chargeoff can't be deleted from one's report? We've had dozens of people here who disputed these successfully. In fact, once paid, the CA's incentive in verifying it, is close to zero. We don't know what they'd do in a particular case, but ruling out the possibility is silly.

2. Suing them on the ground that they haven't updated them to "paid/settled" would be just as silly. Your only chance to get this off is by repeated disputes. Once you claim the debt is paid/settled, you can no longer dispute it as "not yours", thus it's going to stay on your report solely because you've acknowledged it, and a paid chargeoff is in most cases just as bad as an unpaid one.

Study the law, study the practice, and don't start shooting until you recognize a target vulnerable to bullets.

Saar

 

Re: how do you file a lawsuit vs CR

Saar:

First of all, I certainly agree with what you are saying although it might not seem that way.
I'm taking the stance I am in this thread because it appears to me that this person only has one beef and that one beef is the paid charge off. And what I am saying is that I don't want to be in a position of taking on a customer that only has one beef and that one beef apparently being a paid charge off.

Now then, with that said, let's examine what you are saying and my agreement with you.

Quite true, but also lots of them seem to defend the position that they have some kind of contractual agreement with their customers which they feel they must maintain and defend at all costs. In fact, it's usually the original creditor who takes the more lenient high road with these matters and the collection agencies who get all huffy and puffy about it.

Yep! That's for sure.

Yep. and he don't need me to do that for him as I pointed out above.

Exactly right, and also, once he has paid it he no longer has any protections whatsoever under FDCPA since no body is trying to collect anything from him. So not only is it exactly as you point out, he also has no legal leg to stand on.

Now then, if he can catch the credit bureaus in some illegal act, that might be a different matter because then he might force it off as a bargain for not following through with a potential lawsuit, but that's an awful long shot too.

Lest he shoot himself in the foot???? LOL

 

Re: how do you file a lawsuit vs CR

Yeah, well, I suppose I had the most difficult nut of all to crack. What I had to deal with were simply paid-in-full notations which were reporting incorrectly -- never charged-off, never even sent to a collection agency (i.e., never defaulted). Even worse, these notations were for a student loan provider which are some of the most difficult people to deal with. Only when I used Bill's Creditwrench letter did the original creditor work overtime to revise those tradeline notations with all three national bureaus. Reading this thread tells me that I had no leverage; well, um, Bill's letter seemed to invoke one helluva lotta leverage if you ask me. What's neat about the technique that worked is that it involved ZERO DISHONESTY.

Now, since I'm beginning to sound like somebody from QVC (or, worse, from Shop-At-Home), I'll go back to my corner. I just hope this post gives some hope to somebody reading this out there whose situation mirrors mine.

Doc