When Should I sue them?

Discussion in 'Credit Talk' started by fxs158, Aug 26, 2003.

  1. fxs158

    fxs158 Well-Known Member

    Ok I have a trade line that reads the following;

    Balance: $
    Terms: N/A
    High Balance: $
    Limit:
    Past Due: $
    Remarks: BANKRUPTCY CHAPTER 7
    INCLUDED IN BANKRUPTCY
    Payment Status: INCLUDED IN BANKRUPTCY


    Am I to understand that they are saying that I declared bankrupcy? I sent a letter a month ago to the CRA telling them to remove the negative items because I have never declared bakrupcy and they have not replied to my letter yet, not even to tell me that they are looking into it.


    How long before I take this sob's to court. Please post coments or sugestions.

    Thanks
     
  2. RichC

    RichC Well-Known Member

    Did you send the letter CRRR? If not, I'd do that. You could also call them and dispute it directly, especially if you are anxious to get the tradeline removed in a hurry. They are required by law to respond within 30 days.

    If you did not send the original CRRR, then they could state that they never received it.

    Again, if you are in a hurry, and it is totally bogus info as you state, call them, get a dispute #, and follow it up with a CRRR letter including the dispute number and any other information you choose to provide. That way, you'll be covered.
     
  3. fxs158

    fxs158 Well-Known Member

    I sent the letter of dispute via Certified return receipt, I am not in a hurry to take care of this I am in a hurry to sue them for verifying information "if they do" that is totally bogus and incorrect.

    A while back I applied for something "honestly do not recall what it was" I was surprised when the person asked me if I ever declared BK, of course I said no anyway to make the long story short i was refused and I did not think nothing of it until recently when I decided to clear up my credit and I saw a trade line mentioning bankruptcy chapter 7.
     
  4. jlynn

    jlynn Well-Known Member

    If it has been over 30 days since they signed for the letter, I would send them an ITS for violations of the FCRA - not completing the dispute in the proper time frame.

    Just curious - was this a joint account with someone else? Could they have filed BK?
     
  5. fxs158

    fxs158 Well-Known Member

    HI,

    No, this was not a joint account. I honestly do not know where they get the BK part. Beleive it or not, me beig naive I tought that the bk stuff on my report was to inform me that the company went on bankrupcy. lol
     
  6. RichC

    RichC Well-Known Member

    Could be what happened to me. Equifax (at the request of a couple of flaky CAs) added an unpaid collection and a paid collection to my record. Maybe a similar kind of mis-application to you or a fraud kind of thing.

    jlynn is right. They have 30 days from receipt to fix it. It you got your green card back, and it's been 30 days since the receipt date, you might still want to give them a call and find out the status.

    In my case, I called at about day 34, they said the items had been removed and that afternoon, I had the letter from them in hand. They need only mail after 30 days, not necessarily get it to you in 30.
     

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