topic Re: Need to find attorney, any advice? in Rebuilding Your Credit

Need to find attorney, any advice?

Anonymous — Fri, 14 Nov 2008 09:10:15 GMT

About three years ago, we refinanced our home, and paid a deliquent account in full. The total amount was about $11,000. We have the letter from the attorney stating the account was paid in full, and we have a copy of the cancelled check. Bank One accounts were taken over by Chase Manhatten, as the Bank One went bankrupt. Along with this account, there were two other Chase accounts which were paid off at the same time.

We have had a dickens of a time with Chase. We first disputed with the Bureau's -- we sent letters along with copies of all the paperwork. We were told by all 3 that the OC stated the debts were valid, and the the bureaus were not set up to deal with the paperwork we sent them. So we sent a dispute letter, along with copies of all the settlement letters and cancelled checks by certified mail to Chase. This was in Jan of this year. One account was corrected, and life came along, and we frankly didn't concern ourselves with it again for some time. A couple of months ago, my husband started to call Chase again about this mess. They acknowledged getting all the paperwork, but hemmed and hawed about the whole thing. It had to go to their "investigation department". My husband has called weekly, or even every day when he had the time, and so now another one of the Chase accounts has finally been cleared up. This last account, however, is a continuing nightmare. Now they are saying they never got paid, this despite the fact that we have the cancelled check, and the letter from the attorney stating that the account was paid. Perhaps their collectors did not pass the funds along to them, but that should not be our loss, that should be between them and their hired contractor.

I spoke to a local attorney about a possible suit against them, and the attorney said that while we had a case, he would not take it because it was too much work, and it was very hard to actually get a judgement against these companies. He said what they have done is a violation of the law, but that these cases rarely pay out. Is this true? Is there no recourse? Does anyone have information to the contrary, or know of someone who does handle these types of suits?

Re: Need to find attorney, any advice?

RobertEG — Fri, 14 Nov 2008 11:46:30 GMT

He is apparetly not an experienced consumer credit lawyer, or he would have spelled out for you your options.

You have the right now to dispute directly with the OC/his assigns without going thru the CRA and their BS middle-man dispute bureucracy, or hiring an attorney. So send a simple dispute letter now directly to the OC. If they have sold OC rights to another, all you have to know is who the current legal account holder is. That is the legal OC.

Send a letter directly to the OC, titled as a "Direct Dispute with the Original Creditor."

Filed under section 623(a)(8) of the FCRA.

""Ability of Consumer to Dispute Informatiion Directly with Furnisher."

All you need do is identify the information being requested, the basis for the dispute, and your supporting documentation of teh dispute. (FCRA 603(a)(8)(D). Presto! Verrication is required! Include in your letter a request, pursuant to section 611 of the FCRA, for full documentation of the procedures used by the creditor to verify the debt.

Under section 623(a)(8)(E) of the FCRA, they then have have the same legal obligtion to respond directly to you, wiithout having to go through the middle-man CRA, within the same legal period as set for CRA response, which is 30 days under FCRA section 611(a)(1).

Before you bring legal actioin, your case will only be stregthened by showing that you have first exercised all administrawtive remedies available unnder the law.

If a direct dispute to the OC under FCRA 623(a)(8) gains no satisfction within their statutory 30-day response period, I would then file a formal complaint with the FTC for violation of the FCRA.

After that,then seek an attorney. You will then have a rock-hard legal action.

Message Edited by RobertEG on 11-14-2008 03:34 AM

Message Edited by RobertEG on 11-14-2008 03:45 AM

Message Edited by RobertEG on 11-14-2008 03:46 AM

Re: Need to find attorney, any advice?

Anonymous — Fri, 14 Nov 2008 13:09:20 GMT

I would file a complaint with the BBB, FTC, your AG, and your department of finance.

I agree that the lawyer you spoke with is likely not an experience consumer law attorney. I would look for an attorney that specializes in consumer law.

Re: Need to find attorney, any advice?

RobertEG — Fri, 14 Nov 2008 13:10:05 GMT

Ponder this letter...... a direct dispute that does not involove the CRAs.

Dear Sirs:

This is a direct dispute filed directly with you, as the original creditor (...current OC name….. ), on the below identified account. This a dispute filed under section 623(a)(8)(D) and (E) of the Federal Credit and Reporting Act (FCRA).

This is NOT a dispute under section 611(a) of the FCRA through for a consumer reporting agency (CRA) for verification, or a request for debt validation under section 809 of the FDCPA. It is a direct dispute to you, as the original creditor.

It is a direct request to you, as the “furnisher of information” for dispute resolution under FCRA section 623(a)(8)(D) and (E), to report back directly to me within the 30-day period mandated under section 611(a)(1) of the FCRA your investigative methods, reports, and procedures.

I dispute the accuracy of the information reported by you to consumer reporting agencies, as detailed below, and request your investigation and report of the disputed items, as detailed below:

Reported to consumer reporting agency:

( …..Eq. Exp, TU)

Account identifier: (…..fill in…)

Information disputed:

(….fill in,….)

Basis for the dispute:

(….fill in,….)

Reported to consumer reporting agency:

( …..Eq. Exp, TU)

Account identifier: (…..fill in…)

Information disputed:

(….fill in,….)

Basis for the dispute:

(….fill in,….)

Reported to consumer reporting agency:

( …..Eq. Exp, TU)

Account identifier: (…..fill in…)

Information disputed:

(….fill in,….)

Basis for the dispute:

(….fill in,….)

Under provision of section 623(a)((8)(E)(iii) of the FCRA, you are required to complete and forward directly to me, at my mailing address specified herein, a report of the full results of your investigation within the 30 day period mandated under section 611(a)(1) of the FCRA.

I specifically emphasize and request, under section 611(a) of the FCRA, full disclosure of the procedure used to arrive at any and all verifications or validations provided to me under this request.

Sincerely,

Re: Need to find attorney, any advice?

Anonymous — Fri, 14 Nov 2008 22:35:43 GMT

This letter above is the accurate wording of such a letter? Does it get results? Does the AG of any state every get involved in these types of disputes?

We only went through the CA's once, sometime last year, and were denied because Chase said the debt was legitimate. Since Jan of this year, we have only been dealing with Chase, but it is has been slow and frustrating, and on this last account for $11,0000 their last communication was to say they never got the money, despite our holding of a cancelled check. They say Mann and Bracken never paid them -- but that seems to me to not be MY problem -- that is something they need to take up with their contracted collecter. WE owe nothing. Either that, or I want my $11,000 back!!

But again, has anyone legally pursued such an issue with a credit card company, or are stories of wins against them like bigfoot sightings?

Re: Need to find attorney, any advice?

Anonymous — Sat, 15 Nov 2008 04:38:07 GMT

After many letters, I ITS'd and then immediately sued a major regional bank for misreporting and they had proceeded to erase all records by the time they received service of the suit.

Re: Need to find attorney, any advice?

Anonymous — Wed, 19 Nov 2008 12:04:41 GMT

DH finally blew his top with Chase the other day. Told them that if they didn't fix this rapidly, he would contact State AG. Today he received a phone call from an actual person! This gentleman gave DH his direct phone number to contact him, and refax all the document. Could it be we are nearing a resolution? I will keep you posted.