I've had a long ongoing dispute with a major bank following my BK7 2 years ago. They were duly notified as a creditor in the suit. In short, they never updated my credit report to show IIB, and continued to show my account as 25K past due, despite multiple disputes with all 3 bureaus, all of which came back verified. I sent them a notice of intent to sue kinda letter about 2 months ago, demanding total deletion within 10 days. They finally responded - 6 weeks later - with a letter in which they said that they were never aware that my account was in BK despite receiving all of my disputes from the CRAs, and that they had now updated all 3 bureaus to show IIB with 0 balance. The result of this is that my account has now been reaged. I don't know enough case law about this but I do know that Johnson vs MBNA established that OCs are required to have adequate systems in place to verify account information. I also know that they were duly notified by the court when I filed - they were the major reason I had to file. what now? Do I try again to demand deletion by myself, do I hire attorney, do I have any legal grounds to sue anybody here? I'd appreciate any direction, as I do not have a lot of extra cash to throw at a lawsuit that has no chance. Thanks Poochie
You should write to them and inform them that they incorrectly reaged your account and request that they update it. As to the question about legal grounds to sue - you might if your dispute very clearly questioned the re-aging. Search both of these for re-aging. http://proselitigant.net/ex-complaint.html http://www.ftc.gov/os/comments/FACTA-furnishers/522110-00070.pdf
