MBF Leasing scam/fraud contract please help

[deadbishop]

I am having huge problems with this company as well.

My debt was from 2005. filed bk7 February 20 2012 and discharged June 18th 2012. I was having a hard time with them updating my experian report only to zero balance IIB. finally EX did.

Here's the problem now...2 weeks ago i see a hard pull. I call them and ask why did you do that? Rep said that they had to verify my BK. i explained that you can check with the court ect. he then says well we are going to keep checking and pulling it for changes .. i told them i would Sue, contact EX, Bbb. he said go ahead. today they pulled my credit report again. what should i do? This is 2 hard pulls in less then a month. EX told me last time nothing they can do. they can pull when they want. this is so not right. how many pulls can i expect?  please any advice would help. i and so mad right now.

Cant get over how they can keep pulling and pulling and killing my hard work i am doing to rebuild my credit.

I read all over the net that this is some of the stuff they do. My debt is discharge. the only reason now to pull is to just kill my score on spite.

[JonGP3]

Just thought I would post an update. They still query my Credit every month, not sure how to tell if this affects my score. They no longer report the claim as it's been well over 7 years now almost 8. I still get 2 letters in the mail every 3 months claiming civil suit action. Now I'm getting calls again from a robot asking me to stay on the line to get it resolved. The same guy Ruben Garcia has been assigned to the "case" for some time now. My only fear at this point is if they actually do sue I live in TX now and it would be rather cumbersome to fly up for court just to prove SOL.

I'm wondering at this point if I should pursue my own legal means for pain and suffering as well as damage to my credit score for the repeated queries.

[DaBears]

I would contact a consumer attorney. You might be able to file a suit as a class action. They can not sue you for debt that is 8 yrs old.

[pathway]

I need help also.. Do you know of any class action suite I would like to join also

[RobertEG]

As stated in an earlier post, the FDCPA specifically states that it is a violation to threaten legal action that they have no actual intent to bring.

Repeated and unfulfilled threats would, in my find, provide fairly clear basis for showing they are threats with lack of actual intent to carry through.

As a side issue, while defense of legal action initiated outside of SOL normally places the burden on the defendant to show in court and raise that defense, some states have a preliminary requirement for a party to first provide advance notice of intent to sue, along with supporting documentation that establishes the debt, 30 days or so prior to bring action.   N. Carolina is one such state.  You thus get documentation and a heads-up review of evidence prior to any legal action.

I'm not familiar with the requirements in the possible venues in your case, but it is certainly something that I would want to check out with an attorney.

With all of the issues regarding venue for any possible legal action, and thus the prevailing SOL at trial, contract issues, etc., I would definately recommend consultation with an attorney.

You may very well receive a recommendation that you have basis for initiating your own legal action.