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Posted

Ok, I am mainly posting this to rant and rave. The way FUSA, BOA deal with IIB accounts is so wrong I can't believe they have not been sued under FCRA. There are many reasons why BK code is not a viable pathway to deal with FUSA. But FCRA violations seem to be clear. Reporting an IIB account as a charge off with a balance and updating the account every month is not proper reporting. By updating the account every month with the CRAs FUSA overrides any documentation sent to the CRAs to have the account properly reported.

 

FUSA ignores the OCC, FTC, and AGs. How long are we going to let them get away with this?

 

I am going to file against them soon because it seems to be my only option.

 

Just imagine if ALL creditors reported like this??


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Posted

Their behavior is outrageous!!!

I am starting to think that a guerrilla type civil action is called for.

Getting everyone who has been screwed by these as!wipes and

overwhelming them with phone calls and e-mails and other garbage.

I grabbed a bunch of their prepaid mail in applications and sent them all in blank.

I am also starting to think that this all could be in response to the lawsuit against them filed by Eleanor Chase. They may be trying to cover their a7swipes. If they start reporting correctly they may be admitting thet they screwed Ms. Chase.

Read if you have not before.

http://creditforum.org/showthread.php?thre...t=eleanor+chase

Posted
Ok, I am mainly posting this to rant and rave. The way FUSA, BOA deal with IIB accounts is so wrong I can't believe they have not been sued under FCRA. There are many reasons why BK code is not a viable pathway to deal with FUSA. But FCRA violations seem to be clear. Reporting an IIB account as a charge off with a balance and updating the account every month is not proper reporting. By updating the account every month with the CRAs FUSA overrides any documentation sent to the CRAs to have the account properly reported.

 

FUSA ignores the OCC, FTC, and AGs. How long are we going to let them get away with this?

 

I am going to file against them soon because it seems to be my only option.

 

Just imagine if ALL creditors reported like this??

 

 

Hegemony-have you actually filed complaints with the OCC and your state AG yet? I assuming the FTC will do nothing unless they receive a massive amount of complaints. But what are you going after them for? In my case, B1 clearly states that 1) they know I've filed bk but 2) and this is a direct quote from their letter "At the time you filed [bk] you had an outstanding balance ... so we took that balance as a loss. Therefore, the account will show a profit loss with unpaid balance still reporting "

 

Not a word about my account being discharged in bk. Translation - THEY DO NOT CARE! Clearly B1 thinks I still have a creditor/consumer relationship with them because they pulled two A/Rs on me coincididing with my letter to FUSA and then to B1. They do not have any pp because the bk severed any relationhip.

 

I am at the point of not knowing what letter to send next. Equifax had moved this acct to "IIB" status when they received my bk papers and then switched this account back to c/o with an even higher "past due balance" when they received the letter from B1! How can this happen?

 

Anyway, count on me to support any legal action you're thinking of taking.

Posted

I just editted my post. That font color I used [green] shows up clearly on the "skin" I'm using (Cobalt). Sorry. It's the light reds, olives, and light oranges that I can't read.

 

Hideous - "IIB" means "included in bankruptcy"

Posted
probably for incorrect reporting - but will dig more this weekend to see if there is anything I am missing or anything else I can get them for.

 

 

In my case, B1/Fusa regards their reporting as "accurate" however, with c/o with an increasing "past due" balance. I even sent B1 (per Sassy's suggestion) a copy of the FTC "Duties of Furnishers". B1 still maintains the way my FUSA tl is reporting IS 100% accurate, without any mention of bk in the tl such as "BK 7/Charge off".

 

What I have so far is:

1) sent CRRR to FUSA (including bk papers) saying tl in incorrect; FUSA return letter makes no reference to bk but says that they're updating my CRs to say " Charge off "with unpaid balance reporting but with the same past due balance. Since all my CRs reported this tl this wqy in the first place there was essentially no change.

 

2)Same day as FUSA letter, sent CRRR to EQF (including bk papers - mistake but I was really pissed off); EQF sends updated report with FUSA now reporting as IIB.

 

3)Thinking that FUSA did not provide bk paperwork to B1, using address provided in FUSA return mail, sent CRRR to B1, including FTC "Duties of Furnishers" and modified "Dear Ford Crackheads" letter, also courtesy of a link provided by Sassy.

 

4)Received next letter from B1 (previously described - the one that admits they know about my bk) and stating that their way of reporting is correct. I received this letter while I was on vacation (I returned 7/31).

 

5)I ordered online a new EQF 8/4 and my FUSA tradeline was returned to c/o with an increasing past due balance. On 7/3 ordered online had my FUSA now IIB. On PG 7/19 (day before I left) EQF had FUSA as "IIB" and on 8/1 returned to c/o with an increased past due balance.

 

6)Also checked my EXP online 8/4 and saw two A/Rs (I think they are coded that way) by FUSA corresponding to my letters to FUSA and B1 in June and July so they think they have a creditor/consumer relationship with me. Any relationship was severed by my bk so I think this would be characterized as not having permissible purpose.

 

Keep in mind that nothing compelled me to send my bk paperwork to FUSA, B1 or EQF. I think it may strengthen any case I may have against both EQF and B1/FUSA because none of them can now claim that they didn't get them.

 

Meanwhile I keep reading all the FUSA/BOA threads because I don't have time to do any more letter writing until after my son returns to school in early September.

Posted

It sounds like we all need to get together and file some type of class action suit against First USA. They are reporting two accounts that were discharged in my BK as charge offs with balances due. They have also done two non-pp inquiries on my Experian credit report. I'm getting no results from all of my letters and phone calls.

 

First USA is already being sued in federal court in Arizona. The case is Chase V. First USA. I don't know how to put a link to the website in my posting, but a copy of the complaint is posted on Creditforum.org. The plaintiff, Eleanor Chase, is suing First USA for the exact same issues we are having with First USA.

Posted

PJ, I am familar with the Chase v. FUSA lawsuit. Do you know if there's been any updates to the PACER report since late May? I haven't been on the Creditforum(Christine) in the last six weeks. Nevermind, I'll check myself. Ladynred suggested I contact the lawfirm on the www.edcombs.com website. I haven't done so yet... I was thinking about filing online complaints with the FTC and BBB first (to show due diligience) and writing a letter to the OCC. Hopefully, B1 will respond in the same "up yours" :twisted: fashion as they did to Eric.

 

I have no idea why EQF changed my tl back to c/o with increased past due balance on the basis of the letter B1 sent. It would seem to me that the FCRA says once they've been (re-)informed (since they have 100% accurately ID'd my bk) when I sent my bk papers to them it becomes a violation. So I'm don't know what to send EQF now accept to play dumb and say "Gee, I think your listing is once again incorrect. Please fix or the next communication will be in the form of a lawsuit. " :gun: :gun:

Posted

Got my letter from BANKFUN America's Leading Slander Company.

They say they report correctly and that the status accuractely reflects my relationship with the bank at my time of filing.

Well since they bought this loan THIRD hand and I have ample proof they reported correctly I will insist that OCC get their time machine from them

before they start some kind of universal paradox.

Posted

I went onto the creditcourt site today looking for an update but there was none. I have a PACER account myself (got it for following my bk 7) and decided to check it out myself. The jist of it (as updated on PACER on 8/22/03) is that Ms.Chase has been offered a $2500 settlement from TU, (not knowing legalese I don't if it means she accepted) and voluntarily dismissed her case against EQF; maybe she didn't feel her case against EQF was strong enough. NO response from FUSA yet so I guess FUSA is still standing firm on their assertion that they were reporting her account correctly. I'll check again next month.

 

I have the "current events" saved as a MS Word document in case anyone wants to see it it. The post - 5/21/03 events (starting from the settlement offer by TU) is three "Word" pages long. So I'd rather not post it just yet because of it's length. I will send it by email attachment to anyone who wants it (erik, ,hegemony, croftt, pj, breana, julie, etc. - all those victimized by FUSA or BOA on similar issues). Unless you folks want me to post it of course. I tried to sign up on the Creditcourt forum today so I can see how to upload the updates but my account must not be activated yet. Hopefully Croftt will read this (he posted the original "Word" document on this case) and tell me how to do it.

Posted

Here is my first response to bankscum

Ms Girmschneid

RE=438719

Thank you very much for your letter in response to my compaint to the Comptroller.

To have your ignorance in print will only soldify my upcoming court case on you.

I have an overwhelming amount of evoidence to show that you are attempting to defraud the Comptroller. Tou really need to investigate not review. I understand your predicament though when since you have nothing to investigate.

You state "the credit reporting that reflects, charged off with a balance, accurately shows that the balance was taken as a loss to the bank and reflects your relationshipwith us at the time we received your notice of bankruptcy".

Very poor lie and without any foundation.

WE had no relationship in regards to this account at bankruptcy. This account did not belong to you.

You purchase worthless accounts from other worthless banks. You do not have a right to rewrite history. I do intend to hold your feet to the fire. I have evidence showing this account being recognized by the ORIGINAL creditor as in bankruptcy. I am sure the Comptrollers office will find my EVIDENCE to far outweigh your arrogant posturing and flagtrant disregard for the law.

I am aware that you are pulling this stunt with many other former customers of other banks.

I intend to have you investigated congressionally and see what kind of punishment is suitable for

lazy corporations like yours.

Posted

At this point I am waiting for the OCC to respond.

I do suggest to anyone suffering thru this problem "BANKONE' keep a close look at their credit reports.

Yesterday I caught "BankONE" with 4 non pp inquiries.

These people are insane. I am going to file in small claims Friday for 4,000

.

This is just blatant scoffing at the law.

I have credit reports going back 3 years where they say included in bk.

Now all of a sudden they change the tl and do non permissable pulls.

Crazy Eddie must be running that show!!~

Posted

Nothing yet here - they just signed for my last letter on Sat. Gave them 2 days to rectify or I would file. If I see the TL still on my reports by the end of the week (or don't receive a response in the mail) I will be filing a complaint.

Posted

I want to join the fight....

 

We have two FUSA accounts -- one was a former Wachovia. Both are reporting C/O R9 on all three of my CRs. Interestingly enough though, on DH's EX, they changed one of them to Discharged/$0.

 

I've started the whole challenge process, but I can tell by the threads on this board that it's going to be an uphill battle!

 

Keep the sharing any victories!

Posted

I have decided that I am going to file tomorrow. I have not received any satisfactory response from this company. MIght as well aggravate them back. Haven't got anything to lose by doing so! My work schedule is flexible, so I won't miss any time from work if I have to go to court.

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