Lawsuit against Chase proceeding, need some statutes
I spoke to Camp Lejeune one last time this morning. They had called a VP at Chase to request this account be deleted, stating it was sent to collections in error. We also have a letter from Camp Lejeune regarding this account for our records, stating it was sent to collections in error. The VP of Chase told this CFO of Camp Lejeune that even if an account is charged-off in error, once it is in that status it must continue to be reported for 7 years.
She does not know the law, of course, but questioned him along the line of "then why do we have re-age reports available, and Credit Bureau Update Request Forms?" he had no answer for her. I informed her that it is totally untrue, a creditor can update information at any time and even choose to not report it entirely. Additionally, they continue to report 90+ day late payments for the two months AFTER pmt was made on the account. This is not possible because it was a collection since 2003, it cannot simultaneously be a collection AND 90+ days late. Also, it states it was 90+ days late 67 times in the past two years, which is impossible simply because there aren't taht many months in two years.
AND, on Equifax, this account is listed as "REPOSSESSION/FORECLOSURE" which is destroying DH's score even more.
I let her know that we are going forward with a lawsuit, $1000 for each month it is reported in error, and I am trying to find out whether each individual error is its own $1000 fine. Ex: would it only be $1K/mo for 90+day notation, repo/foreclosure notation, and reporting after paid off... or would it be $3K/mo since those are three separate violations?
She asked me to send whatever statutes I have found to support our stance because she doesn't know them, and Camp Lejeune, which is where the debt originated, fully supports our claim and will back us in suing them.
I would also like to know all statutes I'll need so we can duke this out in small claims court.
Re: Lawsuit against Chase proceeding, need some statutes
I think it's time to see a lawyer. Try http://naca.net (National Association of Consumer Attorneys) for someone well versed in these issues. It's dangerous to quote statutes out of context. Case law is also part of the picture, and you won't find that just by reading statutes.
Good luck, and keep us posted!
----------------- Bartender, bring another round of FICOtinis please!