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Showing results for tags 'lawsuit'.
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Hi, I has an account with HSBC years ago (2008). The account was closed with a listing on my credit report of 0 balance due and 0 current payment due. I think the card was stolen or I made a payment on it. Well, Capital One bought HSBC's credit cards from them (27 million of them). I think they took every account that wasn't paid in full, sold it to a company that doles out the accounts to lawyers, who then sue people 99% of whom don't answer the summons because they're scared and wind up losing by default and having their stuff repossessed or wages garnished. That's what Capital One did to me. They bought a closed account with a 0 balance from back in 2008, gave it a NEW account number and say the account is charged off and that I owe them $4K+. Here's the thing: I think it's below scummy for them to do something like this to people. Corporations that drove our economy into the ground and have caused countless economic suffering for people years after they defaulted on credit card debts from years ago and are now, in a sense, scaring them with lawsuits so they can pick regular people's pockets of what little they have left. Sorry- rambling. I know I can call the law firm that bought all of HSBC's old files and tell him that he can't 'reset the clock' by giving a new file number to an old account. I know that he lied when he sent me a letter saying he wasn't a debt collector, when he is, by my state's definition. I also know that he can't garnish my wages, and for that matter can't even sue, as the statute of limitations in my state is long passed. Bottom line, I'm SO DISGUSTED with the way these bottom feeders work that, rather than try to get them to take the listing off my credit report I want to sue them. Is that possible? This firm is in another state. I don't really have anything saying I LOST money by having the negative listing on my CRA reports- I mean, I haven't tried to buy a house or a car or anything. is it possible to sue them? And without any actual damages to me, is there a way to ask for money to make them stop doing stuff like this? Any knowledge of anyone suing a company in court and winning? I have asked them twice now to validate the debt and have heard nothing back. When I called them to have the debt validated they said I would have to supply proof that I paid it. I think they should have to prove I owe it. I sent letters to all the CRA's but from past experience I know they will call the CA and say, "Is this debt owed by him?" They will answer, "Um, yeah." the CRA's will say, "Yup- validated." and the whole process will start over and over again. Maybe it's just my testosterone shot is kicking in, but is anyone else on here had any experience with anything like this, or can they give me advice? CAN they restart the clock buy buying the debt from HSBC? Sorry to be so long. Any advice would be greatly appreciated.
I have been a lurker on here since 05/06. I learned about the *B* method and used True Credit back in 2007. I was banned along with many others, however, it's been 7 years and Transunion is blocking access to my credit information. I didn't sweat it much because I used other products and was able to login on Transunion.com. Well after all these years, this month, they blocked my access to that too and changed the secret question and my password so I couldn't get a new password. I called in and they of course brought up the TrueCredit account which is totally separate from the Transunion login. I mostly did my disputing on Transunion and to view my file. They told me that I can order my report once a year from annualcreditreport.com. I am livid! How dare they think that it is okay to allow creditors to report whatever they want some of which is not mine and inaccurate and Transunion be allowed to report whatever they want but I'm only supposed to check this once a year. They have blocked my access a few times in the past but it always eventually releases. One time they did it because they said I filed a BBB dispute against them which is my right. I am sick of them being able to get away with blocking people access to their files online. I have seen the topic tossed around about filing a class action lawsuit but I really want to do it. Can we get a group started to proceed please!!
So I won a default judgement from a JDB who made the mistake of reporting to my bureau, they failed to notate and continued collection activity after failing to validate, so I sued them in NM Small Claims, I won by default and the 30 day period they could have appealed has passed. Now I have to apply for a writ of execution, that apparently they still have 10 more days to file for a motion to be "exempt", I'll have to serve this summons... more fees sigh. I'm not disclosing the name of the JDB just yet, but I'm looking for resources to help me with the collection of this judgement... The JDB is in Texas. What I'm looking for is... what's the process is in Texas with a foreign writ. I spoke with the constable's office and they said they would execute the writ (but didn't know if they could execute a foreign writ) and "scare" em, and they will usually cough up a check but that they can't take any property that is "used for their daily business", so computer's and desks, etc. can't be grabbed unfortunately. As I understand it: I need to make this application for writ of execution in NM *Get the summons issued by the NM court *Serve the new summons on them *They'll have 10 days to respond with a "exempt" status and a hearing would be set or else the writ will be issued. *(Side note: I'm reading the application and it states I must choose one of three statements... [ ] I served the judgment debtor with a notice of right to claim exemptions more than ten (10) days prior to filing this application for writ of execution and the judgment debtor has not filed a claim of exemption for the property to be seized and sold.1 [ ] The judgment debtor has filed a waiver of the right to claim exemption for the property to be seized and sold.2 [X] The judgment debtor is not a natural person. Since they are a corporation, I might not have to serve them the notice of rights From here I get fuzzy... Can I use the NM writ with the constable in Texas? or do I have to domesticate the writ? If I have to domesticate it, can I do that pro se or will I need an attorney in Texas, as I understand Small Claims in Texas TOTALLY changed last year. Then I need to find their new physical address for the constable as I think they've moved and their address and websites are in flux... And of course finding a bank account would be glorious! (does anyone know of a database out there with dirtbag collector asset info?) ANY help would be really awesome.
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!