Suntrust/contempt FCRA and BK7 - Can I SUE?

Discussion in 'Credit Talk' started by Poochie, Jun 9, 2006.

  1. Poochie

    Poochie Well-Known Member

    Ok - I think this is pretty self explanatory - 2 years ago I filed BK7, this debt was included and discharged, and I've gotten nowhere in my disputes. I need to get this mess settled once and for all. I'm simultaneously taking on the CRAs with the letters posted in this forum. Is this an effective approach?

    To Whom it May Concern :

    You are in violation of the Fair Credit Reporting Act and in contempt of the Federal Bankruptcy Court in _____

    Suntrust Bank was named as a creditor in my Chapter 7 petition filed in Federal Bankruptcy Court for the above-referenced account, and my debt was duly discharged. Accordingly, I now owe Suntrust nothing, and yet your bank continues to report my account as being over $24,000 past due. I have disputed this entry with Equifax, Experian and Transunion on October 28, 2004, September 25, 2005 and again on May 20th 2006. In each instance â?? a total of 9 times â?? the account information has been verified by Suntrust and the credit reporting agencies.

    As a result of your repeated and flagrant refusal to provide correct information to the credit reporting agencies my credit score has been negatively affected and I have been denied credit on several occasions. The amount of outstanding bad debt is consistently cited as a determining factor, despite the fact that I no longer have outstanding balances.
     
  2. ontrack

    ontrack Well-Known Member

    If it is that cut and dried, you might be able to get an attorney with FDCPA and FCRA experience to take it on contingency.

    At least you might get some feedback pinning down the reporting violations.

    See naca.net.
     
  3. Poochie

    Poochie Well-Known Member

    Thanks Ontrack. My BK attorney is a troglodyte and I have not been able to find another attorney in my (very) small town. I will go back to the BK attny if I have to but I doubt that he knows enough about FCRA to be impressive. I may have to play this one out on my own. I disputed all three CRAs about 2 weeks ago - it came back verified, so then I sent out the demand for procedures CRRR. Got 2 out of three green cards back, so the clock is ticking. Once I have evidence that someone at the bank is actually signing off on this, I will send out a demand for settlement.

    1 - Could anyone rattle off some cites that I could use to beef up my letter? They are deliberately verifying incorrect info, which is an FCRA issue, but they also ignored the order of the BK court which is contempt.

    2 - When I send them my letter, do I included copies of the CRAs verifications AND copies of my BK petition or do I withhold the BK info? I don't want it to end up in the hands of the CRAs somehow, as I would like to dispute it off down the road.

    Thanks!
    Poochie
     

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