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Discussion in 'Credit Talk' started by Laray, May 31, 2001.
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It would have been to your advantage when you paid off the two credit cards that were " closed by grantor"(I assume these were charge-offs???)to have had some agreement that they would remove any negatives from your credit-report.It will still show as charge-offs,but "as paid".Unless you can get these removed from credit reports,it will probably have no effect on bringing your fico score up. As far as disputing the "lates" being reported to credit bureaus,I would call the "card grantors" and see if you could possibly ask for them to be removed and if not,then dispute. GOOD LUCK!!!!!!!!
Well, since you paid them, you might be able to win a defamation of credit lawsuit in small claims court if they don't remove it. I'd want to give them at least 90 to 120 days to remove before I filed defamation of credit on them just so they can't come back and claim they didn't have time to get it done but had intended to do so.
You would have to check the law in your state to see if defamation of credit is in your state statutes and what it had to say if anything about defamation of credit.
Some states have such a law, but I don't know if all of them do or not.
Since you paid it, it might be easily winnable and you could get maybe $500 to as much as a grand or more depending upon what the law says you can get.
I'd look up the law on that in a law library and if your state has such a law, then I'd go to a university law school and ask some nearly ready to graduate law student if s/he thought you could win such a suit given your circumstances. You would need to talk to the head of the law school first to see if he would recommend a student for you. They do that all the time to give students a chance to get in some practical experience before they graduate.
If you can;t find one near you, then go see an attorney and ask him to take the case fee contingency. That way you would not get as much out of it, but it wouldn't cost you anything but the filing fees, court costs and ect.
Can you elaborate on how this works a little more?
How can you have defamation if the information is true? This person said that they paid a charged off acount. Wouldnt that just be a "paid charge off"? If any state has a law that says it is illegal for someone to supply true information, I have got to know more.....
Well, I'm guessing on this one.
My thinking is that once you had paid the debt or settled it somehow, then they LOGICALLY SHOULD have no right to defame you further.
So if you had any remedy to their refusal to remove the item from your CRA report at all, then it would logically have to come from claiming that they were defaming your credit by contiuance of their reports and/or refusal to remove.
Of course, your state would have to have a specific Defamation of Credit statute in the first place and then you would need to have the advice of counsel of some sort in order to be sure that the law could be used in that manner in the first place given that such a law existed in your state.
I didn't make the statements a matter of known legal fact. I was stating what I THOUGHT one MIGHT be able to do under certain conditions.
Do you folks in Oklahoma have such a law? I am going to check this out in my state. I was just interested if this law exists because it would make for an interesting arguement. THanks!!
I've been told by some law students that it does. I've never yet had reason to check it out for myself to see with my own two eyeballs that it's so. Been meaning to do that, but just never got around to it.
Looks like I'm going to actually have to go do it fairly soon though. Might be able to look for it on the net if it isn't too old.
Maybe Anthony or Sqwak will know for sure too.
Don't actually try to use the concept without knowing for sure it exists. But even if it don't, the concept might be useful as a scare tactic in some instances. I'd always be willing to bet the creditors & CAs don't know anymore about it than I do. Might make an interesting conversational piece (with creditors/ca(s) only) even if it don't exist
I can get away with claiming I'm gonna sue them for something, but they can't. Some of those $6.00 an hour clerks might get upset if they thought they might have done or may do something that would get their bosses in hot water, hence them on the carpet or fired.
To Bills' reply: your suggestions are far fetch for most people.All,good and well,but to suggest such a complicated "plan of action,"and then say behind it"I'm just guessing at this"is misleading to someone who has a burden of feeling like they made a mistake and come to the board for"some quick action of advice" ,which the majority does,and for them to follow such long,complicated drawn out advice and get totally mentally and emotionally frustrated and stress over it pulls down some people to the point of giving up.You are too overwhelming for someone who is new,its not like its been in the "works" for a while and one has exshausted "all other avenues".I just have my doubts about someone "who is in the business"to say:"I'm just guessing about this".Need to come down to earth and get real. Credit is serious business.