04-18-2009 12:25 PM
Hello all! I am going to make this short and eloborate if needed. There was a CA on EX and the company was not bonded, had never been bonded in the state of Texas to collect debt. So, I consulted with an attorney about getting this issue resolved. He did some research for me and advised me that the name that was on the CR was not the CA's entity name and that we needed to find out their entity name. Since it was cheaper for me to do so myself, I found the entity name. (He would have charged more if he had to investigate it). Well, after researching, I found the entity name and under that name, the bond cancelled as of 10/10/2008. So, after my attempt to get this resolved without paying a retainer fee, I sent a letter advising that if they did not delete from CR, then I would persue further legal actions including filing complaints with the FTC, AG, and BBB. Well, low and behold phone rang yesterday morning "Private" and it was the CA advising that they were notifying EX to delete all records from the CR and faxed me proof. Well, I pulled EX this morning and the CA is POOF, gone. I called the attorney yesterday to find out if there were other legal actions that could be taken or if I should just let it go since they deleted and he never responded. DH and I were returning the signed contract with retainer fee this coming Monday. I do not want to wast money in a retainer fee if we should just let it go. Okay, this was discovered after applying for a mortgage and it was placed on CR on 10/2003. The CA was bonded at that time under a different name (their entity name) but they let it cancel on 10/10/2008.
So, with all of this being said, do we still have rights to sue? Or since our true purpose was accompolished, should be just let it go?
04-18-2009 12:29 PM
IMO, let it go.
Their bond expired in 2008....did they update the account since that time?
Unless you can prove they did, you may not win anything yet.
04-18-2009 12:39 PM
04-18-2009 12:48 PM - edited 04-18-2009 12:51 PM
Verification usually comes from 2 computer talking to each other, rather than someone from the CA actually "verifying" the account.
ETA: To my knowledge, a consumer can not sue a business for failing to follow state bonding/licensing law. That is something that state does.
Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more
FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.