ok- I've had enough of these bozos. Im about to lose out on getting a mortgage because they refuse to remove a TL from my reports. My mortgage company doesn't care if I owe it- they only care that it shows up on Equifax. I reqested proper validation in Feb. 2008 for a charged off Providian account that is now in the hands of an attorney's office. The attorney's office is in Atlanta where I reside. I have my green card that proves my request and they never sent me anything. How do I go about the process of taking them to court? We fall under jurisdiction of magistrate court. What should I cite on the court docs as to the basis for my suit? Should I hire an attorney even though I could only hope to win $1k. I think I should ask for a removal of the TL and for the $1k award...I just need info as to how to actually go about it. Should I include Equifax in the suit? Any info is appreciated...I really want to sue these bastards!
You can get more than $1,000. You are entitled to the actual damages. If you've been turned down for a mortgage, your actual damages would be the amount of the mortgage. No doubt this has caused you a great deal of stress. Stress is a damage for which you can be compensated. Talk to an attorney.
yes, I have the original notice from the CA which was dated January 9, 2008. I mailed the vaildation request on January 20 and they picked it up from the post office on January 24. They never mailed anything back to me. I called them a month ago and asked why they never mailed anything and they said they did but I never went to the post office and picked it up and it went back "unclaimed. " Liars. I called them again last week asking for my validation and they said they have the original documents I signed plus the first statement. I said, "So you have the docs right there on your desk right now..." and he said "oh yes I am looking at them right now." (all of this conversation was interspersed with him interrupting me asking, "So are you saying you're not going to pay?" He also said I could not contest this account unless I go to court and file papers saying it isn't mine - then the court officials would compare the signatures and determine if it really does belong to me. (right) I then said, great! I live in the area and I will save you postage and drive over to your offices on Ashford Dunwoody Road pick up the documents." At that point he all of a sudden no longer had the docs in his hand and would have to "call over to the admin. department to get them..." "but I thought you just said you had them..." "no, what I meant was that we have them..."(hedge, hedge hedge...) Then all of a sudden he needed to end the call. I have contacted an attorney and I plan to take proof of my mortgage denial to him and hope we can build a case. The people are evil!! I found out a lot about their practices on the BudHibbs.com website.
no, they only called me once after I mailed them the validation letter certified mail, back in January. I told the caller I was still waiting for my validation and she basically just hung up on me. And I haven't been called or contacted since January. So they aren't trying to collect on it at the moment but the fact that it is preventing me from getting a mortgage is very damaging. My lender stated specifically that it is that one account that is causing the denial. (There aren't any other negs on my reports, my credit scores are fine and my income is fine.) Evidently with all the uproar in the lending industry...even one old charged off account can hinder the process.
