Jump to content

Please consider disabling your adblocker for CreditBoards if you have not already done so.  This site depends on advertising revenue to stay online.


PenFed Continues to Mis-Report - Lawsuit + Damages?

Recommended Posts

PenFed was IIB'd. They updated their entry on my credit reports to show that and a $0 balance. However, at the beginning of each month, their automated system updates the account as a current CO with a maxed out balance. This tanks my score 50-150 points on each bureau. Every month I email their Audit Committee and within a couple of days it's fixed. However, I'm tired of doing this every month. The next time this happens, I want to have my attorney file suit against them for damages. This was a joint account with my wife and this updating each month happens to both of us. I would assume we can each file suit separately for damages.

 

Any information on the specific grounds or what I should be pursuing would be greatly appreciated.

Share this post


Link to post
Share on other sites

Posted (edited)
1 hour ago, shifter said:

PenFed was IIB'd. They updated their entry on my credit reports to show that and a $0 balance. However, at the beginning of each month, their automated system updates the account as a current CO with a maxed out balance. This tanks my score 50-150 points on each bureau. Every month I email their Audit Committee and within a couple of days it's fixed. However, I'm tired of doing this every month. The next time this happens, I want to have my attorney file suit against them for damages. This was a joint account with my wife and this updating each month happens to both of us. I would assume we can each file suit separately for damages.

 

Any information on the specific grounds or what I should be pursuing would be greatly appreciated.

I would send an ITS... you could also ask @PotO to call up and scream at the dopey CEO.

Edited by hegemony

Share this post


Link to post
Share on other sites
10 hours ago, hegemony said:

I would send an ITS... you could also ask @PotO to call up and scream at the dopey CEO.

 

If it's still the same CEO, he's a two-bit, trigger-pumping fuktard.  

 

I wouldn't even bother with him.  I think Shifter has a FCRA violation that he can sue over and get an easy $2,000 -- $1,000 (or is it $1,500??) per violation.  He could probably even multiply that by the number of months in which they have pulled that lame stunt.  Don't even bother with an ITS -- go straight for the fooking cash.  

 

I have used an attorney several times for FCRA / FDCPA suits and easily won.  It's an attorney once recommended to me here on CB.  His name is Michael Agruss.  

 

 

Share this post


Link to post
Share on other sites
10 hours ago, hegemony said:

I would send an ITS... you could also ask @PotO to call up and scream at the dopey CEO.

 

Hege, I only scream here on CB.  In real life I prefer physical violence.  Except with Kat, of course.  I don't like rough sex.

Share this post


Link to post
Share on other sites
On 3/11/2020 at 5:39 AM, PotO said:

 

I have used an attorney several times for FCRA / FDCPA suits and easily won.  It's an attorney once recommended to me here on CB.  His name is Michael Agruss.  

 

 

so I contacted your guy. they said I can't sue PenFed without also suing EQ and I definitely don't want to do that. I don't need them adding the BK back on there permanently for the next 7 years. I also don't want to end up in special handling. so I'm going to try calling them and working with a supervisor as recommended in my other thread.

Share this post


Link to post
Share on other sites
1 hour ago, shifter said:

so I contacted your guy. they said I can't sue PenFed without also suing EQ and I definitely don't want to do that. I don't need them adding the BK back on there permanently for the next 7 years. I also don't want to end up in special handling. so I'm going to try calling them and working with a supervisor as recommended in my other thread.

the real money is in suing the CRA... just saying...

Share this post


Link to post
Share on other sites

FTR I have the same issue - I have one $0 balance PenFed account and another inaccurately reports as maxed out. I was searching the other day everywhere to see if anyone else had this issue, and I just saw this thread.

 

I figured it was just me because I don't see many discussions of it on the wider internet.

Share this post


Link to post
Share on other sites

so I contacted PenFed and got a call back today from the actual guy in the credit reporting department who has been working on my complaints for the past 4 months. he said I keep messing up the reporting by filing disputes with the CRA, which of course I know is bogus. but at least I got his name and phone number so next month if/when they screw it up again I can call him directly to fix it.

 

@smartlyprettyPM me if you want his name.

Share this post


Link to post
Share on other sites
52 minutes ago, shifter said:

so I contacted PenFed and got a call back today from the actual guy in the credit reporting department who has been working on my complaints for the past 4 months. he said I keep messing up the reporting by filing disputes with the CRA, which of course I know is bogus. but at least I got his name and phone number so next month if/when they screw it up again I can call him directly to fix it.

 

@smartlyprettyPM me if you want his name.

Thank you! I'm not sure what to do about it, it does report paid on time, and I'm not sure how it looks on my paper reports. 

 

It's so weird. And thanks ❤️ 

Share this post


Link to post
Share on other sites

so the first significant issue with this fiasco hit today. evidently Citi pulled their AR review a bit early this month and PenFed fixed their reporting late, so my FICO Bankcard 8 dropped from 813 to 633. AR pulls was my biggest concern with all of this. I hope that them seeing that CO this month won't throw me into a subprime bucket that precludes CLIs and/or more cards even after the score is fixed. only time will tell.

Share this post


Link to post
Share on other sites
Posted (edited)

Oh, this reminds me, I had to call PenFed 2x this week and I think I figured out the ghost reporting.

 

It, for me, seems to have been triggered when I ordered a replacement card. PenFed for some reason continues to share a snapshot of the card as it existed? And then the new card.

Edited by smartlypretty

Share this post


Link to post
Share on other sites
2 hours ago, Pam said:

Why is this in this forum????M 

Hi Pam! 

 

I posted this in the Laws forum but I guess someone decided to move it. It's like musical chairs! 

Share this post


Link to post
Share on other sites
Hi Pam! 
 
I posted this in the Laws forum but I guess someone decided to move it. It's like musical chairs! 

I moved it because the Laws forum is for reference posts about laws. My question was why it was in _that_ forum.

Then I moved it.

Share this post


Link to post
Share on other sites

Super pissed at PenFed this month. So I called the credit reporting guy as soon as it showed up incorrectly again on the 12th. He never called me back, so I had to track him down over the next week. Finally I find out from another rep that he says he's working on it. Then a week later he finally calls me and says some stuff about EQ, blah, blah. But I told him he still hadn't actually fixed it. So I asked him to fix it for this month and he says he will. That's on 5/26. So it showed up fixed on 5/27. Turns out Citi, NFCU, and DCU all pulled softs on 5/26 and got the derog report. If he just would have fixed the damn thing when I called him the first time... I'm starting to get worried about AA the longer this drags on. 

Share this post


Link to post
Share on other sites
31 minutes ago, shifter said:

 I'm starting to get worried about AA the longer this drags on. 

That would be actual damages and make them open the purse...

 

If you have everything documented proper service would be a swift remedy.

 

Share this post


Link to post
Share on other sites

Yeah but the attorney I contacted said I have to sue EQ. I don't want to involve EQ because they removed my BK. I don't want them to reinsert it because my lawsuit is based on my account being IIB

Share this post


Link to post
Share on other sites
Posted (edited)
1 hour ago, shifter said:

Yeah but the attorney I contacted said I have to sue EQ. I don't want to involve EQ because they removed my BK. I don't want them to reinsert it because my lawsuit is based on my account being IIB

Find a different attorney or go pro se'.  

 

I have used Sergei Lemberg and pro se' in the past.

 

Both have gotten the job done prior to an answer being filed.

Edited by pandmel

Share this post


Link to post
Share on other sites
11 hours ago, shifter said:

Yeah but the attorney I contacted said I have to sue EQ. I don't want to involve EQ because they removed my BK. I don't want them to reinsert it because my lawsuit is based on my account being IIB

I disagree at first blush with the claim of needing to sue EQ.  They are not the ones who supplied the erroneous information. 

 

Have you reviewed to see if you have any State laws with teeth?  If so, sticking with State statutes can preclude a removal to federal...they could try, but it should get bounced back pretty quick. 

Share this post


Link to post
Share on other sites
Posted (edited)
17 hours ago, shifter said:

Yeah but the attorney I contacted said I have to sue EQ. I don't want to involve EQ because they removed my BK. I don't want them to reinsert it because my lawsuit is based on my account being IIB

You are correct. Let sleeping dogs lie and don’t bring ANY unnecessary attention to yourself. I’ve seen and heard of reinsertion with seemingly  innocuous contact.

Edited by StantheMan

Share this post


Link to post
Share on other sites

I am also fighting PenFed right now. They have an account of mine that used to be Toby Hanna (then Valor, then PenFed). They have screwed up the reporting and the accounting so badly that they left me no choice. I had to sue after disputing and doing CFPB complaints for a year with zero results. Apparently, my lawyer got in touch with their general counsel this week. She has been described as "scatter brained" and as "pushing back hard." We are going to stack quite a few different statutes beyond the FCRA against them (and Experian, the only bureau that refuses to fix it). We started with a simple lawsuit, but now the stacking and amending begins. I am also bringing on an expert FCRA lawyer to help my lawyer. In the end, they will be writing me a nice check.

 

As far as Equifax goes, I say just keep disputing. Your dispute receives so little time and attention that there really is no downside. I tried writing mine by hand on blue paper recently, and bam, every single account I was disputing (all for quite a while) was removed in the same month (5 charge offs). The only thing I changed was the stationary and started using handwriting. It really is that arbitrary, TBH. Just keep trying different dispute reasons. On an account like this, there are bound to be endless dispute possibilities. But I would keep copies every time it happens and continue to build you evidence. Too many FCRA cases are thrown out based on technicalities, so it's best to just stack up as much evidence as possible so that your case is irrefutable.

 

Experian, on the other hand, doesn't like to even delete old a** addresses. They cling to any and all information as if their lives depend on it. They haven't even responded to my lawsuit after being served nearly 3 weeks ago. There is lawsuit "tolling" going on here, so they technically don't have to respond until July 15th. But I have continued to dispute while all this is going on the hopes they will comes to their senses. Unfortunately, Experian is calculating and stubborn wench.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.





  • Today's Birthdays

  • Member Statistics

    • Total Members
      178,842
    • Most Online
      2,046

    Newest Member
    supernatural1943
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines