Should I sue

Discussion in 'Credit Talk' started by itisonlyme, Oct 15, 2003.

  1. itisonlyme

    itisonlyme New Member

    I had a collection account that showed up about 1 year ago, it was not mine (from 1998). I was never notified, we were told when we applied as a co-signor on a student loan (we were denied). I sent them about 10 letters to the 3 different address on each credit report & disputed on the CRAs. They never responded. I finally send them a CRRR request to validate & received back from them a statement that was changed from my final statement - it looked as though it had been whited out & a different amount typed in. I then sent another CRRR letter with a copy of my final statement & threatened to sue. They immediately deleted on all 3 CRAs.

    Now: They only marked the dispute on one CRA & in their letter said that they could not mark the dispute since I did not provide a SSN (pure BS). Is this 2 violations?

    Also there is the issue of the fraudulent document with the changed balance - is this good enough to go after them for fraud?

    Damages - we were denied the student loan & were forced to refinance our house to get the tuition $$ - on the mortgage we are paying a higher rate because of the collection - the mortgage company did not force us to pay the collection since I had proof of our final balance & a canceled check. But they did jack the rate.

    Do I sue as Small claims on the violations or is this worth going to Fed court & should I find a lawyer?

    Thanks!
     
  2. pd11604

    pd11604 Well-Known Member

    Forging business documents is a CRIMINAL Offense
    you might want to run it by your local State Attorney's office!
     
  3. itisonlyme

    itisonlyme New Member

    How do I know if the fraud lies with the CA or the OC?
     
  4. pd11604

    pd11604 Well-Known Member

    I would start with the one who sent you the (alleged) altered document
     
  5. Flyingifr

    Flyingifr Well-Known Member

    Sue them BOTH and let them fight it out as to who is liable.
     
  6. lbrown59

    lbrown59 Well-Known Member

    1*it was not mine
    2*I then sent another CRRR letter with a copy of my final statement & threatened to sue.
    itisonlyme


    1*If it's not yours.
    2*How would you have this?
    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  7. ontrack

    ontrack Well-Known Member

    They were probably trying to collect an amount when the documents they had did not support their claim. If your records were complete and accurate in showing the account had been payed, their actions appear as a gamble that you would not be able to find them.

    They are now trying to appear "reasonable" to avoid liability, telling you that *your* "failure" to provide SSN prevented them from following the law. The original TL was posted to your report with the information they had; it could be changed with the information they had, and in fact they did mark one account.

    Altering and tampering with documents should be reported regardless of whether they backed down, or whether the tampering was by the OC or CA. In fact, you should probably report this to local DA and state AG first, to put it on record. This would appear better if you went to court later, than if you only brought up the issue then to establish their liability.

    If they tried this with you, they probably also did it to others, and some of them probably paid bills they did not owe, just as you probably would have if you did not have complete records. The effect of their actions, whether illegal or negligent, were in fact to cost you actual damages.
     
  8. itisonlyme

    itisonlyme New Member

    1*If it's not yours.
    2*How would you have this?
    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''

    This is not ours - which obviously the CA agrees, since they have deleted on all 3 reports. After over a year and about 15 letters to lots of different address).

    I have the final statement because this was a Dr that we dealt with on a regular basis for about 10 years. The last visit was paid by my insurance, but there was an open previous visit that for some reason was not paid by insurance. This statement was handed to me at the office. I took it home, checked my records & paid it. I had the statement and the cancelled check in my old tax records - hence proof of balance & payment. We changed drs & never received any more bills, statements or claims after this date.

    For all the Score junkies - the deletion created a 30 point jump on Equifax and about a 50 point jump on TU & Exp. The original report date was June of 02 - the last visit to this Dr was 6/99.
     

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