I've never done this before, so I'm in need of advice. Since last June, I have written Nextcard 3 different letters asking for verification of a late account on my EQ report. I have not heard one word from them. My last letter to them was April 15 (the date of my signed green card) and as of today, they have added 4 more 90+ lates and now 120 days late! They haven't shown that the account is in dispute or have they contacted me. The letter I sent on the 15th was an intent to sue. I've also sent a procedural request to EQ and have not heard back from them. It's time to sue!! How do I go about suing and how much should I ask for? I'm not sure how many violations I actually have and I don't know what to take to court (if it comes to that). Any advice on this would be greatly appreciated!! Thanks in advance. Mysti_Summer
Step One is to read and understand both the FCRA and FDCPA so you will know what violations they have committed and can defend your suit should you go to trial.
I'm in Ohio. And I forgot to mention that this is a closed account as of 2 years ago and settlement on account as of a year ago. They are the original creditor and there is no money owed them. I did NOT settle on this account, my ex did after we divorced and I knew nothing about it. He paid them $4000 and I wasn't involved. Mysti_Summer
Who is servicing your Nextcard account? Also are the lates legit? Since Nextcard is insolvent (or at least last time I heard) I don't know if you would be able to get damages out of them, or if they would even show up for court.
No one is servicing this account, as there is no account with them. No...the lates are NOT legit! Mysti_Summer
If this was a joint acct, it doesn't matter whether he did it or not, it will still go on your report as well as his. The court can order one spouse or ex spouse to make the payments, but that doesn't remove the other spouses liability for the acct. If it wasn't a joint acct, then that is a different story. The oc is in violation for not reporting your acct as being disputed. That by itself may or may not be enough to get anywhere with a lawsuit. Do you have any real damages as in being denied credit due to that acct? When did you send the procedural request to Efx?
Thank you for the reply, LKH. I know it doesn't matter wether it was joint or not. That isn't really the issue. The issue is that the information is wrong. This was never 90 days 8 times and never 120 at all. They just added that this weekend. I was denied credit a month ago because of this account. My score just dropped 46 points this weekend because of this account. I sent the procedural on March 10. I haven't heard anything from either. My account was marked in dispute by EQ because I disputed with them last month. But because I sent a letter to Nextcard on the 15th of this month, THEY should have shown it as in dispute. Right? Mysti_Summer
Re: Re: Need Help!! About to file law suit Yes, Nextcard or whoever is handling their accts, needs to show it as disputed. As we all know, cra's are not the fastest when it comes to updating reports and because you just sent the letter on the 15th, may not be enough time for Equifax to update, IF it was reported by Nextcard. And being it has only been a week since you sent it, I would give it at least another week just to make sure they haven't reported it as disputed.
I'm also unclear on exactly what is going on with Nextcard. I have some really weird stuff on my Nextcard account. Someone named Cardmember Services (a collection agency) is sending me bills every month with the Nextcard Logo on it, which makes me think they either bought the rights to use Nextcards name or simply just use it because Nextcard is insolvent. The weird thing is that some company called me up 5 months ago when Nextcard was in receivership from the FDIC and wanted me to agree to transfer my balance. They got ahold of my wife at home who told them she would get me the message. I never called them back. Then my balance transferred to a different account at Nextcard and started being serviced by the Cardmember Services company. I think I will sue to have the debt discharged on the basis that I never agreed to transfer the debt. I mean, if they received it by assignment, that would be one thing. Of course my interest rate went up and other such things. Can anyone give me the lowdown on what happened to Nextcard and why these other people are using their name?
Thanks again LKH. I will wait a week to see what happens. But I should tell you that this is the 3rd letter I've sent to Nextcard and I have still heard nothing back. The letter I sent on the 15th stated that the information is wrong and they have 72 hours to remove it or I was going to file a law suit. This is how I see it so far.... Violation #1 - Not reporting my account as in dispute. Violation #2 - Continuing to report false information after I've asked for verification that it's mine. Violation #3 - No response to 3 different verification letters in the past year. Would this be correct and grounds to sue?? Thanks. Mysti_Summer
Re: Re: Need Help!! About to file law suit Well, that sheds a different light on this. I didn't realize you had previously sent 3 requests, nor did I realize what you sent was an intent to sue. The first 2 violations are fine. I'm not to sure how far the 3rd will go. But since you sent an intent with a deadline, and assuming that you do have valid proof, then go for it.
Re: Re: Need Help!! About to file law suit Thank you LKH!! Your wisdom and replies are much appreciated and I've been reading this board long enough that I trust your judgement on what to do! I then have at least TWO violations, right? I have proof and the green cards from my letters. Can I also include a violation in my law suit to include EQ for not doing the procedural? I have to file in small claims, right? Sorry....never did this before. I'd like to do it all at once though and be done with it! I'm done screwing around with them all!! Thanks again. Mysti_Summer
