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A while back, I waged quite a battle with US Bank over how my account history was being reported. This progressed all the way to the executive office. In the end, they basically told me NO. Despite my providing documentation to prove they were reporting incorrectly. By then, I had been approved for a mortgage on the new house I was purchasing, and I was weary from the fight. I should not have let it go, but I moved on. Fast forward 16 months, and I am again relocating and shopping for mortgages. One of the things the loan office had questions about, of course, was the US Bank mortgage. Annoyed that I would even still have to answer for these late payments, I disputed with credit bureaus. I thought maybe since more time had passed, and the mortgage was paid off, the results might be different. Boy, were they. The disputed late payments from 2011 were changed from being between 30-60-90 days late to 120-150-180 days late. After battling them for over a year the first time, I am through playing nice with them. So where do I turn? Do I contact CFPB? Do I notify them of FCRA violations and demand correction AND compensation? Do I get an attorney? Thanks!

I know we have a Chex forum, and I've gotten help from there on a more Chex-specific issue, but this is more about FCRA and CRAs, in general. I want to file a complaint with the CFPB, but before I do, I thought I'd check with the pros. I disputed a misspelling of my first name (it's missing a letter) on my Chex report, and this is how they replied: (Let's say my name is Suzie Qewe.) "In addition, our records indicate that the disputed name Suie Qewe was provided by you in previous contact with us. Therefore, it has been retained in your consumer file. Should you wish ChexSystems to pursue this matter further, we must first receive a notarized statement confirming that this address does not belong to and has not been used by you. Once we have received this notarized statement, we will be happy to review the situation further and will inform you of any actions taken." Keep in mind that the sentence combines reference to a misspelled name and "address"...this makes no sense. And if I am the one who allegedly "furnished" this data to them, don't I have a duty to correct?? I included a copy of my TXDL, so they were looking at proof of identity. Do my creditors send notarized statements when THEY correct furnished data...?? (Nevermind the fact that I know how to spell my name, so I seriously doubt I furnished this data.)

Hello everyone, I am hoping to get some advice on what to do about my student loans. Like most people I didnt take my credit very seriously when I was young and messed up badly with my student loans but earlier this year decided to get my lfie right and fix my credit. One last hurdle is all my student loan lates and I'm wondering whats the best strategy if any to get these removed. I have disputed every way I can think of but cannot get anyone to budge. I have also tried goodwill letters to no avail. Heres what I done so far: Consolidated loans in 4/2014 which closed out loans in question. Am currently on IBR plan with nelnet and current with my payments Disputed accounts as being obsolete as most were opened in 2004 and 2006. Always comes back verified. My issue with this is I know I did not pay one red cent until 2014. I went to school from 2003 to 2007 then again from 2009 to 2011. I never made a payment and was never in default during my repayment periods. My NSLDS says I had deferments (pics attached) but I did not make any payments just went back to school. The reason this is a issue for me is simple. If I would have been decalred in default sometime in 2007/2008 like I should these tradelines would drop off next year. Since the earliest reporting for these TL's are 2012 that means these negative entries will remain until 2019! I feel there way of helping me out by deferring payments and or not reporting earlier lates will cause the negative items to remain on my report for 16 years. My question since its clear I went into repayment years ago in late 2006 and never paid anything just went to school shouldnt some date back then be the FCRA compliance date for these accounts. Or do the deferments reset the account by bringing it to good standing even if no payment is made? My interpretation of FCRA 605 is adverse info supposed to fall off after 7 years from when it happened not when the creditor decideds to report you for it. If anyone can tell me when these will fall off my reports or how to proceed with disputing I would be much grateful. I asked Sallie Mae for a complete payment history and copy of all deferments as well and they said theyre records only go back to 2009 when they got the loan and to contact my previous servicer which has gone out of business. Thank you guys for your help pics attached upload an image upload gambar

Hello, Need help on a possible 611 FCRA violation. 1. Sent a letter to TransUnion on April 15 requesting an investigation and disputing items to correct or delete, got response saying they verified the alleged debt on May 7. 2. Sent a second letter on May 24 requesting a re-investigation and disputing items to correct or delete, also to provide method of investigation, got a response saying they verified the alleged debt on June 10. 3. Sent a third letter CMRR on June 25 requesting under 611 of FCRA to provide detailed information of method of re-investigation including name, address and telephone of any furnisher used to verify the alleged debt, got a response July 2 with some "procedure" explanation. As to date, none of the information requested to verify said account was provided, which comes to my attention since the CA has also failed to validate under TFC. What are my options: Send ITS? File lawsuit for damages? File a complaint to CFPB? Any suggestions? Thanks in advance.

I had a checking account with Chase that charged off in 2009, and it was due to a bank error. The Chase ATM malfunctioned and never credited my deposit, yet the check I deposited cleared the account it was drawn on (at BOA) in a timely manner. Long story short, I had to fight with Chase for months, and eventually the CO amount was dropped from roughly $217 to $73. It was NOT a settlement – it was the amount they came up with, after they adjusted for THEIR error. I paid the $73 in March 2013, and it was reported as paid to Chex. (I really don’t think I actually owed anything, but I stopped fighting and paid the lower amount.) Fast forward to January 2014 – I requested a copy of my Chex report, since I’d never reviewed it for errors. The Chase item is still listed with the original WRONG amount of $217, and is classified as “paid in full.” I disputed this, since it’s wrong – the CO amount was NOT $217, it was $73. Chase verified and updated nothing. So I sent a 623 investigation to the Chase address listed on my Chex report. It is the exact same address on both my original report (FACTA disclosure in January) and the “updated copy” I received from my Chex dispute in March – nothing changed. My 623 investigation request to the listed Chase address was returned as “undeliverable as addressed” – it was sent CMRR. Since I’ve disputed the info w/Chex, and I followed-up with a 623 request to Chase – mail returned as undeliverable – should I dispute AGAIN with Chex, or should I go to the CFPB or some other regulatory board…?

So far I have been fairly successful in repairing my credit. The PsychDoc Transcripts have been VERY HELPFUL. However, I am a bit confused as to what I can accomplish as far as disputing inaccuracies is concerned. I apologize in advance if this question has been asked before I just can't seem to find the answer! My question is; If the payment amount reported and the date the account was opened is inaccurate on my report, can I request that the CRA remove the negative reporting associated with these accounts? I have 3 "30 Day Lates" that I'm desperate to get removed. If so, do I have to dispute this information with the OC first? My fear is that they will update the information as soon as they receive the letter and I'll be back to square one. FCRA 628; states that "a person shall not furnish and information relating to a consumer to any CRA if the person knows or has reasonable cause to believe that the information is inaccurate" FCRA 628 (1)( states that " A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate THIS IS WHERE I'M CONFUSED... A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( shall not be subject to subparagraph (A); however, nothing in subparagraph ( shall require a person to specify such an address. A correspondence address is indicated on my CR for the OC. Does this mean that they can report inaccurately and there is nothing I can do about it.

I'd really like to hear from the FCRA gurus, particularly those familiar with Texas law. I’m down to the final baddie, a paid charge-off for utilities, and it’s sticking like a fresh strip of Velcro. So I’m making it a game, of sorts, to learn as much as possible while trying to get rid of it. I disputed early w/TU as obsolete, and it's gone. Beyond that, it looks like I may only shave a month off the reporting time elsewhere, but when you’re down to the last 6 months…that helps. And since I’ve tried everything I can try WITHOUT going to the CFPB, they may be the key to an even earlier delete. But I need to know if that's warranted. Questions: 1. The deposit was made in July 2007, and the “current balance” was never brought to $0 after the first statement, as is required for such an account. a. What is the DOFD? August 31, 2007…? b. However, I’ve read that Texas is a DOLA state, so any payment would reset the clock. What is considered “activity”…? The $19 payment on September 28th…? So DOFD is October 28th? They report my DOFD as November 2007, using my deposit funds as a “payment” 10/17/07. Does that conflict with the following info from the provider’s Glossary of Billing Terms? Billed Deposit A deposit that is sometimes required when you set up new service, or if your service has been interrupted due to TXU Energy not receiving payment. It is not prepayment of your bill. You must still pay each month for the energy you use. This deposit is held until twelve consecutive months of timely payments have been made, or until the account is closed. 2. NEVER has the OC listed this TL as “disputed by customer”…shouldn't they?? Many things have been amiss on this TL over the years, and I have disputed at least 3 times through the CRAs, including one Jack Attack; I disputed w/OC in June 2013 via 623 method; I filed a PUC complaint online last month. FCRA Section 623(a)(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. Again, I'm just hoping the pros here can help me pick this apart, because I'm sure I'm either off base on this and have no valid complaint, or I've overlooked something that's in my favor.

Not sure if this is the right forum, but I got my wife's Full File Disclosure today to see what's inside. I was alarmed to see a judgement we had vacated in 2012 was being still reported. It is not being reported on any CRA reports. Do you follow the same dispute procedures with LN that we following with TU, EX and EQ?

Hi Everyone, Okay, I need a bit of help from some of the experts here. I'm in the middle of the usual cycle of nightmares with TeleCheck, and I'm beginning to think I may end up having to take them to court just to get my complete file, let alone fixing their errors. So, I'm trying to put together all of the information I'll need and to make sure I've got my ducks in a row first. I'll mention that I've done a search on the forums but haven't seen anything that's closely comparable to my issue, so hence why I'm asking. If someone knows of another thread where this is dealt with, I'd appreciate being pointed that way. So, here's my issues. First off, there's an item on my TeleCheck report which they've blatantly redated. I have a (partial) report from last year which shows the item dated 5/8/09, and when I received my (partial) report last week the same account is now dated 5/9/2014 (more than a month IN THE FUTURE, talk about chutzpah on redating!). That's the first issue - not sure whether this is worth going after them over, but if I end up having to sue them over the 2nd issue, I'll certainly bring up the redating in my complaint. Now the bigger issue. When I request why report from TeleCheck I don't give them my banking info, full DL number, employment details, blood type, or the key to my front door - most all of which they ask for. Instead, per the FCRA and the FTC's guidance I provide my name, DOB, SSN and address, as well as a copy of my DL (with the last few digits blocked) as 'proof of identity' with my written request for my file. They sent a partial report, but the report specifically notes: "Linked Data: Your record is linked to information not included in this report, which can be provided to you subject to identity verification prior to disclosure. Please contact TeleCheck at 1-800-366-1435 Monday-Friday 8:00am to 12:00 pm CST and from 1:00pm to 4:30pm CST." So today I decided to call and find out exactly what "identity verification" meant. After talking in circles with one of their "Resolution Specialists" she initially stated that they provided all of the information that was in my report, the "linked information not included" was a typo and everything WAS included in my report. When I pressed and asked directly again, she noted that there WAS additional information that was linked but that they could not provide it to me without my complete driver's license number and full banking details. She wouldn't give me any details about what other information they had, etc. Obviously, they're able connect that information to my file without all that, because they've tied it to my record enough to tell me they have it, but are now refusing to release it to me. Short of giving them everything but my firstborn, can anyone think of a way to obtain my full file without resorting to a lawsuit and discovery? From my understanding, if I go ahead and sue and file a motion for discovery to compel the production of documents they will *have* to provide everything they have tied to my file, but I know that's biting off a whole lot for possibly little results. So, my core questions are 1) Is the re-dating of an account to a future date actionable under FCRA. 2) Is the failure to provide my complete consumer report file actionable under FCRA? 3) If I'm going to go the court route, should I send then another request first, specifically disputing both the redating and their failure to provide my complete record, and pointing out the FCRA violations? (It doesn't seem like asking for my file again would be of any point, since they'll just say "give us more info", but I figure a judge might appreciate seeing the multiple attempts), and 4) From some of the folks who've been there done that, is it worth it to file the suit and go that route. Obviously, before I actually sue I'd send them an intent-to-sue letter with my complaint fully drafted, so they know I'm serious, but is there anything to be gained? I'll mention that I'm no lawyer but I'm relatively comfortable within the legal system - I've represented myself pro se in a couple of other civil issues, and have won 2 FDCPA violation cases in federal court with an attorney, who's agreed to look over my complaint for me and advise me, but he isn't interested in taking on this case. Thanks in advance for anybody that shares their thoughts!

Capital One REFRESHED my closed acct! here it is as it's supposed to be Experian: TransUnion: Check this out: Equifax An older report shows the 12/2008 date. I should file against them according to the FCRA about reporting outdated info correct?

I'm new here & apologize in advance for any errors/Mis-Postings. I've also been perusing for a few days & now it is time I chime in. First, I APPRECIATE all your hard work and information available on this site. I'm quite impressed & grateful that there are so many people willing to take the time to help others. THANK YOU ALL FOR THE GREAT JOB :) Anyway, I've rebuilt myself up after my "7-10 year penalty" due to becoming disabled & after a house fire in 2007. Long story short, it took alot of hard work and A LOT MORE PATIENCE/TIME!!! After re-establishing to the point I am in the midper (mid & a tad North of the700's ), on 02/15/2014 I got an alert that a "New Collection Account has posted to my CR". About an hour later, I got another one from CK for the same thing. So I log in, I see I've LOST 45 points, and I immediately do a CR pull to find out more on this "Pinnacle" place. I've done alot of searching on this "Factoring Company" nonsense, as well as Pinnacle, as well as what letters to write but again, and PLEASE do not be irritated, however I just have NO idea how to even begin to tackle this. I've never seen it happen before and I have NO CLUE who the OC would even be (or who they bought this from if Pinnacle is the OC). No letters, no nothing - just an IQ from 12/27/13 from Pinnacle, then it hit on 02/16. None of this makes sense & I am in a COMPLETE panic over what my creditors will do to me as a result of the score dropping due to, of all things, a BRAND NEW collection account that has been RE-AGED from the looks of things. I know that's an FCRA no-no, and I know the lack of ANY correspondence is also a no-no. This could not have come at a worse time as well as I'm in the midst of a mortgage process & when the lender catches wind of it, I GUARANTEE all deals will be off. Given the intensity of the situation, and before I send off my 3-page Validation to Pinnacle (based on § 807(11) - lack of required disclosure from a debt collector, § 807(8) communicating info which is known to be false, § 809 - standard stuff, and § 623 - reporting w/knowledge of errors et.al., and finally a § 623 dispute w/the CRA's. I am using that § 807(11) since even though there has been no "communication", they have now "communicated" via a third party, i.e. the CRA's, Certainly I am no expert however I have had my fair share of all this too - and knowledge is power - but this whole "Factoring Company" nonsense has thrown me for a loop. Looking through these forums, they're a JDB/CA, but apparently utilizing the "Factoring" aspect allows em' to report a WHOLE lot more - to which they are - as a revolving account impacting my AAOA, Util, and history. I'm at a total loss and again, I apologize for all this as I admit I'm STUCK!!! The TL appears as follows: PINNACLE CREDIT SERVICES L PO Box 640 Hopkins, MN 55343-0640 (952) 939-8100 Account Number: OK05XXXX Current Status: At least 120 Days or More Than Four Payments Past Due Account Owner: Individual Account. High Credit: $1,253 Type of Account : Revolving Credit Limit: N/A Terms Duration: Terms Frequency: Monthly Date Opened: 12/20/2013 Balance: $1,253 Date Reported: 02/15/2014 Amount Past Due: $1,253 Date of Last Payment: Actual Payment Amount: $0 Scheduled Payment Amount: $0 Date of Last Activity: N/A Date Major Delinquency First Reported: 02/2014 Months Reviewed: 3 Creditor Classification: Factoring Company Activity Description: N/A Charge Off Amount: $0 Deferred Payment Start Date: Balloon Payment Amount: $0 Balloon Payment Date: Date Closed: Type of Loan: yes Date of First Delinquency: 12/2013 Comments: Collection account 81-Month Payment History No 81-Month Payment Data available for display. I really appreciate it in advance, I honestly do not know what else to say/do at this point, but I want to utilize the rest of the weekend to attack this come Monday morning. Thanks again everyone & I hate to even ask for help but I've tried & tried only to start getting more confused. Take care

My question. I have an outstanding balance from T-Mobile. This has been on my credit for over 7 years. It has been sold and re-sold. How can I get this charge off of my credit.

I am combing through some trade lines for a Jack attack. The FCRA requires accurate and complete reporting. Does anyone know how "complete" reporting is defined? Is it ok for some or most of the available fields on the CR to be blank? If there is a zero in a field that should have an amount be defined as incomplete? For example, date of last payment from an OC is shown correctly but the amount is shown as zero. That is probably defined as inaccurate, not incomplete, right? Are there certain fields that are mandatory? Happy Holidays everyone!

Hello, I am in the beginning stages of repairing my credit, I have been reading and taking in all of the information available on this site. So far I've triaged my CR's for all 3 bureaus, I've had all incorrect addresses, phone numbers and employers removed from my reports as well as Opted out. Yesterday I sent out DV's to the CA's CMRRR and followed Why Chats HIPPA program for a medical account that is past SOL. Here is where I'm at a lost... Today, I looked over my CR's again and noticed that I.C. System INC is reporting to EX and EQ that an account was opened 11/1/2008 and reporting to TU that the account was opened 11/5/2012. They are also reporting to EX and EQ that the account is Closed and reporting to TU that the account is Open. Do these discrepancies automatically break any FCRA laws? Would this be an appropriate time to Jack attack, if not any recommendations? Any assistance would be greatly appreciated. Thanks in advance!

http://www.ftc.gov/opa/2013/08/certegy.shtm The FTC’s complaint alleges, among other things, that Certegy did not follow proper dispute procedures. The complaint further alleges that Certegy failed to follow reasonable procedures to assure maximum possible accuracy of the information it provided to its merchant clients, as required by the FCRA. In addition to the allegations described above, the complaint alleges that Certegy violated the FCRA by failing to create a streamlined process for consumers to obtain free annual reports that they are entitled to; and establish and implement reasonable written policies and procedures regarding the accuracy and integrity of information it furnishes to other CRAs. This is the first Commission action alleging violations of the Furnisher Rule, which went into effect on July 1, 2010. The settlement requires Certegy to comply with the Furnisher Rule, as well as the requirement to maintain a streamlined process so that consumers can request their free annual reports.

Hey everyone, I am down to just one baddie on EX and two on EQ, and both are set to fall off later this year. I want to write an obsolete dispute (I've tried it once already-- didn't work with EX and EQ although TU had it off within 24 hours--gotta love them!) but I'd like to quote the section of the FCRA (I think it's the FCRA, anyway?) that delineates the reporting period. I've scanned through but there is so much and I must keep missing it. Can somebody point me in the right direction? Thanks!

If my understanding is correct, when you notify the information furnisher in writing that specific parts of their reporting is inaccurate or false and they fail to update the information, they are then liable under the FCRA? My situation, I notified a JDB in writing via cmrrr exactly 32 days ago from date of receipt, that they were reporting payments I did not make. They have not corrected the information nor have they replied to me. The account was already in dispute with each bureau. It came back verified. Is there anything I can do to get them to delete the entire account? This question does not apply to the above situation. Can a JDB report in the following column as listed: Creditor Classification: Financial

And yet another reason why Pro Se litigators need to do thier homework or hire it out... NEVRIK BERBERYAN v. ASSET ACCEPTANCE, LLC Case No. CV 12-4417-CAS (PLAx). United States District Court, C.D. California. March 18, 2013. Ashley Fickel, Attorneys Present for Defendants. My highlights: ____ In opposition, plaintiff argues that defendant "communicated" with her through its alleged reporting of a debt that appeared on her credit report, but plaintiff offers no authority that supports such an expansive reading of the term "communicated." Opp'n at 6. Defendant must do something more than allegedly place notice of a disputed debt on plaintiff's credit report to trigger its disclosure duties. And even if such disclosure duties were triggered by plaintiff's letter that disputed defendant's right to collect on any debt, see 15 U.S.C. § 1692g(, plaintiff has not alleged that defendant was engaged in any "collection activities" at the time of her letter. Furthermore, plaintiff fails to allege that defendants employed any cognizable "deceptive means" in connection with the collection of any debt; there are no allegations that defendant committed any deceptive actions, other than reporting a debt to a CRA. Id. Because plaintiff alleges facts that demonstrate that defendant did not violate the Act, bare recitals of the elements of a claim under the FDCPA are not sufficient to survive defendant's motion to dismiss. In support of her claims, plaintiff alleges that defendant violated section 1681s-2( (1) by "failing to conduct a proper investigation," after receiving notice from a CRA that plaintiff disputed the information in her report. FAC ¶ 31. Had defendants conducted such an investigation, plaintiff alleges that defendant would have realized they "could not collect upon [her] account." Id. Indeed, without offering "proof of the right to collect upon [a] debt" before allegedly verifying that debt for a CRA, plaintiff contends that defendant violated the FCRA. Id. ¶ 30. The Court concludes that plaintiff fails to state a claim under the FCRA. Plaintiff fails to offer any factual allegations supporting her contention that defendant's investigation of her disputed account was unreasonable. First, there is no duty on the part of the furnisher to provide proof of its right to collect upon a debt under the plain language section 1681s-2( . As plaintiff herself alleges, she received confirmation from the CRAs that Asset had verified the account appearing on her credit report as valid. FAC ¶ 16. Plaintiff cannot attempt to impose a further requirement of "validation" in section 1681s-2( , above and beyond that of "reasonable investigation," where none exists

Does anyone know of specific laws and information pertaining to Auto Loans and the FCRA, something similar to the Credit Card Act of 2009. Basically my payment was due to Nissan on 9/10/11, which was a Saturday. My wife made the payment through their automated system on 10/8/11, which they have confirmed and is not 30 days late. However, 10/8/11 was the Saturday of Columbus Day weekend, so the payment was not applied until 10/11/11, making it 31 days late. Is this legal? I know that if this was a credit card I would be protected under the Credit Card Act because the due dates shift to the next Business Day and you protected by holidays and such. But what about Auto Loans? This does not seem right?

I'm looking for an attorney who specializes in FCRA laws in So. CA. I have several violations against Portfolio Recovery Associates that I would like to pursue . I checked the sticky post of Lawyers in the main forum, but I didn't see any in southern CA. Anyone have someone they can recommend? Thanks!

Legal minds and non legal minds I need your help. In a current lawsuit a furnisher reported the same tradeline TWICE. It was disputed (both trade lines) FOUR times and VERIFIED FOUR TIMES. Does that constitute "willful non-compliance" The U.S. Supreme Court gave us guidance. I need some help on this one. From SCOTUS "However, the Court adopted a narrow definition of "reckless" and reversed the Ninth Circuit's holding that Safeco had willfully violated the statute. Specifically, the Court held that recklessness involves "conduct violating an objective standard: action entailing an unjustifiably high risk of harm that is either known or so obvious that it should be known." To be liable for willful violation of FCRA, a company must be more than "merely careless."" If the companies were right that "willfully" limits liability under § 1681n(a) to knowing violations, the modifier "knowingly" in § 1681n(a)(1)( would be superfluous and incongruous; it would have made no sense for Congress to condition the higher damages under § 1681n(a) on knowingly obtaining a report without a permissible purpose if the general threshold of any liability under the section were knowing misconduct. If, on the other hand, "willfully" covers both knowing and reckless disregard of the law, knowing violations are sensibly understood as a more serious subcategory of willful ones, and both the preamble and the subsection have distinct jobs to do. See United States v. Menasche, 348 U.S. 528, 538-539, 75 S.Ct. 513, 99 L.Ed. 615 (1955) ("`[G]ive effect, if possible, to every clause and word of a statute'" (quoting Montclair v. Ramsdell, 107 U.S. 147, 152, 2 S.Ct. 391, 27 L.Ed. 431 (1883))).

If a lender dings your report in error, is aware of it, and you only learn about it in the process of being rejected for a loan because of that ding, are there any consequences to the lender? I feel as if somewhere in the FCRA there must be some guideline about a lender who realizes he dinged a credit report in error needing to notify the debtor or take some remedial action to correct it without waiting for the error to be discovered by the consumer.

I was looking into a consolidation loan at my CU and the guy told me I show 120 days late on my CR which is ironic since my monthly payments are automatically drawn from my CU checking account and he was staring right at the trail of on-time payments. I'd actually, in December, gotten a demand letter from Direct Loans (the education loan folks at Department of Education) saying I'd continually failed to make payments -- I contacted them via secure message to their web site on 1/8 and got a reply three days later saying they had high volume and would get back to me as soon as possible which they never did. I figured it was a fluke since when I log in my balance shows as not late. So now I am getting ready to dispute but wondering if my consolidation loan gets turned down can I sue for damage to my CR and denial of loan?