TU Lawsuit - Duplicate accounts

Discussion in 'Credit Talk' started by dtembe, Sep 4, 2001.

  1. dtembe

    dtembe Active Member

    TU was served by my small claims lawsuit. I got a call from their attorney today who specifically told me that an account from Asset Acceptance Corp $3489.00 (collection for a Bank One account) and a Bank One account $2550.00 (charge Off,), can be reported on my credit report as 2 accounts even though it is the same account, since the original creditor has not been paid yet.
    Can someone please point me to the right part in FCRA or FDCPA where it prohibits CRA or Collection Company from reporting duplicate accounts on one's credit report.
    I remember reading it somewhere but I could not find it while scanning the FCRA.
    Anyway, TU Lawyer has a list of misreported derogs from my credit report. They will get back to me with some offer in a couple of weeks.
    I am looking forward to it. I have copies of reports that are inaccurate, letters from collection companies requesting they delete the accounts that still show up on my credit report, etc...
    What a mess the CRA's are.
    Experian also got served a week ago (I used the cretified mailing to serve them ) I am waiting for their response.
    PS: my Credit Expert score was 611 and my mortgage Credit report showed an experian score of 631 Both we run within an hour of each other. In case some one is trying to break the Credit Expert score formula :)
  2. MartysGirl

    MartysGirl Well-Known Member


    I hope you have great success on you lawsuit. I can say .... TU can legally have those accounts on you credit report.

    The only time this would be a problem.... is.. if the Bank had reported that you had more accounts than what you had. For Example.. you have One account with the Bank... but they reported that you have three. This they can Not do. Same with the Collection Agencies.

    Good Luck
  3. MikeB

    MikeB Banned

    I wouldn't sweat it. You really should have sent a validation letter to the collection agency first.
    Anyway, wait until their attorney responds back. If the response is not acceptable, tell them you will consult with your lawyer and get back with them before the court date if possible. If you have documented proof of FCRA violations on other records, then you may have some leverage towards the collection agency account at least.

    Good Luck
  4. danrs

    danrs Well-Known Member


    Did you send an offer of settlement letter along with the complaint or claim? Or did you make any offer to settle with them on the phone?

    It suprises me somewhat that they appear to be "sticking to their guns". If you haven't already, maybe send them a quick letter offering to drop the lawsuit in exchange for deletion. And please keep posting about your results and/or contact with them as there are several others of us on here who are currently suing the CRA's as well.

    Good Luck!

  5. dtembe

    dtembe Active Member

    I could not send them a letter to settle with the lawsuit since I used the court to serve them through certified mail. I did however mention to the attorney that I would be happy and would drop this suit if they were to delete all the accounts in question.
    She mentioned that it would be in everyone's interest to do that, but since they had been served with the suit, they have to go through a process and will get back to me soon.
    I am fine either way, I have my fighting hat on.:)
  6. danrs

    danrs Well-Known Member


    Sounds like maybe they do have a process to go through, and you may be looking at getting exactly what you want, the duplicate account deleted.

    I've thought about this for some time, and I wonder if possibly the CRA's must get permission from the creditor first to delete? It seems to me that if the creditor is reporting what they believe to be correct information, and one of the CRA's deletes it anyway, just to save them the trouble of defending a lawsuit, that the CRA would be in violation of some type of agreement or contract?

    Based on what the CRA rep said per your last post, I think you have reason to be hopeful.

    Going through this myself though, I'm somewhat anxious myself. The more I learn however, I find that my initial thought that my reasons for filing were somewhat thin, I now know they are not thin at all. A violation is a violation, period. If they don't settle with me, they and I will be standing before a judge so he or she may decide who's right or wrong. Definetely not caving in at this point. If I'm wrong, the judge will have to tell me so, because I'm not taking the CRA's word for it!

    Stick by your guns!

  7. jayprint

    jayprint New Member

    Can you email me copies of the suit?
    I want to also sue but I am not very good at creating the paper work.

    Thank You

  8. lbrown59

    lbrown59 Well-Known Member

    TU says that we're not allowed to complain about them on this board.
    Rember the letter they sent to one of the posters on here!

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