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cprems

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  1. OP, Your case died when they corrected the trade line. The FCRA is not a strict liability statute. Once they corrected the trade line then the case is moot. The time to have sued would have been when they verified. Even then, you would have had to have disputed with the CRA via mail (CMRRR) I'd take a look at my State statutes and see if they offer better protections. Just be aware that the case will be removed to Federal Court as the FCRA supersedes any State laws. They WILL fight you tooth and nail and possibly end up winning. You may be on the hook for their Attorney fees and costs. The trade line has been corrected. I'd let this one go but that is me.
  2. Some account will report every month for the entire 7 1/2 years. Macy's did this to me... As long as your accounts report a zero balance and state "included in 7,11,13 BK" or something to that effect, I see no errors. However, after your BK, they are reporting a balance, IMO, it would be a violation of the discharge order. Late payment reporting AFTER the BK filing are also violations. They should not report a charge off, if the account was current as of discharge. This, IMO, would be an FCRA violation. I had one such account do this and they even provided me with the reporting errors. They deleted the entire trade line after receiving my ITS.
  3. I agree. I just wanted to point out that IF the CA is in TX, out of State debtors CAN use the TFC392 to their advantage. see my amended post - i think all he has to do is call up his lawyer he used originally. and let his lawyer handle any threats to sue. one lawyer talking to the other is certianly going to get the Apt. Mgr's attention and get the debt recalled and deleted in short order.
  4. Who is the CA? The CA is required to follow TX law. If they do not follow TX law, you can sue them as TX law has been applied to out of State debtors. You'd file suit against them in YOUR closest Federal Court. Are they bonded to collect?
  5. I bet if you file a complaint with the CFPB, the trade line gets deleted. The OC does not want to have their illegal activities publicized. Failing that, a strongly worded ITS to the OC citing BK violations and you'll be filing a motion to reopen the BK case and filing BK sanctions against said OC.
  6. How old is this alleged debt? Is it over 7 years old?
  7. Who is reporting it? Have you disputed with the CRA's yet? If not, I would file a dispute. This gives you a private right of action for FCRA violations. So looks like the marble under the cup starts. Also this is the second letter that states I wont be sued and that it wont be reported, but yet it still sits on my CR. I wonder what will happen next! D
  8. Start a new thread with Texas in the header. You will get more responses. This thread is a research thread and doesn't get many replies.
  9. Were the trade lines still on your report after you filed suit? If so, I'd be asking for damages and seeking my filing fee back. File a complaint with the CFPB - http://www.consumerfinance.gov/complaint/ Make sure you do not have an NDA in place. I'd get the complaint out prior to settling this.
  10. Unfortunately the FCRA is not a strict liability statute. It really has no teeth from a consumer perspective. All the CA has to do is delete and "all is good". I'd file a complaint with the CFPB - http://www.consumerfinance.gov/complaint/ They are now looking very hard at reporting issues and this JDB is on their watch list! Hopefully they will be shoring up the penalties for both the FDCPA and FCRA.
  11. They sure do - it's the OH SH!T the Feds want an answer and won't take NO! Funny how they can cut through reams of red tape when the Feds get involved!
  12. Rinse and repeat for any other tradelines or accounts that were fraudulently opened. Make sure you have the paper trail like you have from the other accounts. They will not do anything unless you poke them in the eye. They also know that the fraudulent account cannot be reported or collected on. SAVE any letters from the OC. At some point, they may sell off the account and "forget" to tell the debt buyer that this was fraud. If they do that, you will have an actionable offense against the OC. I'm glad it worked out in your favor.
  13. I replied in your other thread. Contact their fraud dept.
  14. Have you filed an ID theft report or a Police report. If not, this is the first thing I would do. Have you contacted HSBC's fraud dept? Have you contacted the CRA's fraud depts? You might also contact the CFPB - http://www.consumerfinance.gov/. File a complaint against them. I bet this gets their attention.
  15. This account was sold - see bolded. US asset management is the debt buyer and EOS-CCA is the collection arm. Expect this to be sold off again.

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