I need some help with regards to my next move with Kaufmanns (May co.) Sorry it's lengthy. Background: 1999 lost job, called cust. serv. rep to get on "reduced pymt plan"...guy laid out plan said statements wouldn't reflect the plan but after third pymt would reflect "pays as agrees"... I know get everything in writing, didn't know that back then and therein lies my dilemma. I paid in this manner until I paid the account off in 3/01. Of course, not knowing any better, never checked my reports until going for mortgage in 5/01 to find Kaufmanns had put 21 "90 days + late" on all 3 reports! Here is how it reports from Exquifax ( the others look the same).... Kaufmann's 4953XXXX Date opened 03/1995 DOLA 03/2001 Revolving PAYS AS AGREED High credit$1111 Balance $0 Date reported 01/2003 Prior Paying History 30 days past due 00 times; 60 days past due 00 times; 90 + days past due 21 times; ACCOUNT CLOSED AT CONSUMER'S REQUEST. CONSUMER DISPUTES AFTER RESOLUTION. I have goodwilled, PFB'd, nutcased, submitted a complaint to the Ohio AG and disputed numerous times through each CRA and I don't know what to do now. My letters keep going to the same lady in "Acct Services Presidential Dept" and she just sends back letters stating the terms of my credit agreement. I didn't think I had enough grounds to sue etc. with no documentation. One detail I noticed in the reporting is that there are no 30 or 60 day lates...they go right to the 90+ lates... My shaky position (since I have no written proof of red. pymt plan) has been that I was misled by their CSR that I was under this red pymt plan. Why would I have continued with these smaller payments had I not been on this plan....they would have charged the account off sooner had I just stopped paying!!! I've explained the fact that I would have never continued paying in that manner had I not thought after the 3rd pymt that I would be reported as "pays as agrees". I even got desperate and called her since I haven't gotten anywhere with my letters. She said she would speak with her boss on the matter. But I'm not too hopeful. She keeps saying it's against the law for them to change their credit reporting. I have read the FCRA but I get quickly overwhelmed by the Legal verbage. Where do I go from here?
O.K you reasonably relied on their promise that they would do as they said they would once the account was paid off. You being the unsophisticated consumer acted in good faith and paid them. They did not follow through. Sounds like deceptive business practices to me. Read the Unfair Trade and Decptive Business Practices Act. Then sue them.
Thanks for the prompt reply Robin. I will read the Unfair bus pract act. But isn't my "proof" just heresay since I don't have anything in writing regarding the pymt plan?
Do you have your old statements? Did the past due balance continue to grow each month? I have had a similar problem with Foleys and still battling with them.
Jlynn...yes, my past due balance grew by leaps and bounds with the late/ overlimit fees. So by the time I paid them off in 3/01, I had paid about $400 more than I originally owed!!!!
That might be problematic. I agree about the unknowing consumer theory, and I also believe (IMHO) you had an oral contract with them. But, after the 3rd payment, when the account was supposed to be reaged and paid as agreed, did you call them to ask why they continued charging late and overlimit fees?
Yes, the CSR told me you had to call each month to have them removed....I should've smelled the rat then. But back then, in the middle of financial straits and being naive, I just did it. I just don't what kind of a legal stand (if any) I have...I'm still reading the Unfair Trade and Decptive Business Practices Act. Maybe I can find something there. I'm not too good at "getting it" the first time with all these legal acts etc. I wish there was a Cliff Notes or translation into laymen's terms for the FCRA, etc.
You might consider talking to one of the NACA attorneys; a la David Szwak. Their website is www.naca.net. These are consumer affairs specialist attornies. You should be able to find a member near you.
Interesting twist...hubby flew back on biz yesterday and sat next to a higher up from..... you guessed it..... KAUFMANNS!!!! They exchanged business cards and everything! He didn't go into our problems then. We're going to write a letter.
Thanks Quixote! I definitely think the stars aligned or something. It's just too weird....but in a good way!
I had the same problem with a paid CITI account. I even sent a "goodwill" letter to Citi (they refused to delete) and they sent me a letter confirming that they recieved my disputes via the CRA's and would continue to verify account and the late pays. Here's the steps I took to get the account deleted: 1) Dispute with the CRA's at least six times and document everything. Ignore the "frivolous", "already verified", "verified" etc... responses. Just keep sending a new dispute in every time they refuse to delete. Why? Well, besides the fact that there still is a strong possibility that they will delete (2 of the 3 did so for me), the objective is to create a pattern that demonstrates that the CRA's have given you a lot of grief and have not complied with the FCRA. The letters and denials will also draw into question whether they actually conducted an investigation in the first place. 2) Once you have established this pattern with the CRA's, next send a letter crrr to the OC challanging the validity of the debt. (Send this letter to the address indicated on your credit report.) Do not threaten to take legal action (since you actually want them to ignore your letter), just ask that they verify that the debt does in fact belong to you. Request copies of signed applications or any other original documentation that can demonstrate that you were in fact ever obligated to pay the debt in question. End your letter with a request that if they can not provide you with this documentation within 30 days, they must delete per the FCRA. Since its a paid/closed account and you are not threatening to sue, the odds are greatly in your favor that they will simply ignore your request. 3) Next, send everything you sent into the OC to the CRA's crrr demanding that they delete the account immediately. Mention in your letter that you find it impossible to believe that they have verified this account with the oc, when the oc can't even verify the account to you and you are - in theory - the debtor. 4) This new information will force the CRA's to launch a new investigation or they will be in violation of FCRA. Now is the time to really turn the heat up. Do not wait for the results. A soon as they receive your new dispute, call them on the phone to confirm that they are deleting per the FCRA. Chances are that they will say "no", but will confirm that they are re-investigating. As soon as you get this confirmation, send a second crrr letter to them. List every dispute you sent to them, the dates, the results, etc... State that they are in violation of the FCRA for not immediately deleting the account. Again question whether they actually ever conducted an investigation. Accuse them of willful non-compliance of the FCRA. Tell them that you have been denied credit and suffered both emotional and financial damages as a result. Conclude your letter with the following two statements: 1) "These are the facts as they occured. If you disagree with anything I have stated in this letter, please notify me in writing within 10 days of receiving this letter otherwise I will assume that you agree that the facts as stated are valid." If they do not respond, you have them on an admission of guilt by silence. 2) Also write "I have turned all of this information over to my attorney for further review". Do not threaten to sue or you will risk the possiblity of having everything turned over to their legal dept. The point is that you want to drop a very strong hint that this is a real possibility if they do not delete the account. If by some miracle they do not delete after all of that, you will have a very strong and well documented case against them. File in small claims for $5,000 and serve them with a notice and a settlement offer to drop the case in exchange for deletion. They would be insane to try to fight you.
ryder or anyone, would you please advise me on how the settlement letter to Citi should look like? I have similar situation as above, but I filed a law suit over a week ago. I want to be prepared to send the settlement letter as soon as my court date is set. I would appreciate it very much.
