How Do I initiate Law Suits against Creditors/Credit Reporting Agencies

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grinwithin

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Back in 2001, I was a victim of ID theft. I did everything a consumer is supposed to do by contacting the creditors and the credit reporting agencies.

All of the creditors involved eventually provided a letter stating the debt was not identifiable (could not validate it one way or the other), they couldn't ascertain the identity of the person they were trying to collect from, or out and out - the account didn't belong to me.


I have contacted General Legal Counsel and Executive Officers from both the creditor/credit reporting agency end.

Experian and Equifax refuse to supply my annual free report stating they require evidece of my identity. When valid documentation including social security card, state issued drivers license and military ID is supplied, they refuse to respond and still send the same form letter requesting proof of identity.

As Equifax and Experian refuse to cooperate and provide information, I can only assume my last record received in September 2007 contains the most recent information in their files.

As if September 2007, I write an inquiry to Equifax disputing a collection listed with Barclay's Bank involving fraudulent account activity as well as documentation provided by Discovercard confirming they were instructed to delete the trade line as "unverifiable". I have sent these inquiries in monthly with no response since the documentation and evidence became available in 2006.

With Experian, the last known record has inaccurateinformation surrounding the fraudulent and unauthorized activity with Barlcay's Bank. They too have disregarded the letter from Discovercard. They have also disregarded documentation from Bank of America on one account confirming it was closed due to fraud (and a new one opened I still hold in good standing today), and finally a trade line where they have the wrong person entirely with American General. American General provided documentation stating the trade line should be deleted as my social does not appear on any record. The account was opened by Mrs. Shoeford for furniture and this is an obvious mixed file.

With both Experian and Equifax, senior oofficers and general legal counsel disregard all inquiries.

With Trans Union, I am dealing directly with the incompetant COO, David Emery and special investigator Konnie Maxwell. Trans Union has alleged Mr. David Walker of Barclay's has personally told them to damage my credit as a result of unauthorized and fraudulent charges to the account (later outlined in this overview).

Trans Union is also reeporting that I had a loan with Chrysler that was initiated by another person. Chrysler has confirmed in writing and by MP3 telephone recording that I have never had a loan with them and that their letters confirming same are genuine. Chrysler concurs I have never cosigned any loans with them. Ms. Maxwell and Mr. Emery have a CD in their posession of the phone calls with Chrysler as well as copies of Chryslers documentation provided instructing them to delete the trade line as it is not mine. Trans Union has falsely alleged they have found my recordings and documentation "not authentic" and they refuse to correct the report. They also state that my inquiries are frivilous and have stated in writing they will not take any action to investigate or correct this inaccurate trade line.

Trans Union is also reporting that the Dsicovercard documentation is also "not authentic" and again refuse to correct the error. Prior conversations with Discovercard found the account to be opened in another person's name who resided at an address I lived at in the early 90's. Evidently the account was charged off in 1999 and is beyond the statute of limitations and is being illegally re-paged by Trans Union. Discovercard has confirmed (and I am awaiting a letter) that Trans Union has NEVER contacted them to verify the validity of the document or accuracy of the trade line.

With regard to Barclay's, General Legal Counsel, Mr. Clint Walker should be tossed off the bar. This account was opened in 12/06 and an unauthorized insurance premium billed in January 2007. The bank refused to assist with investigation of this fraud, and refused to accept formal dispute letters. The account was paid in full and canceled by me in Febrary 2007 and the check cashed March 17, 2007. The bank continued to allow random unauthorized insurance premiums to be added to the closed account as well as tacking on predatory fees. The Department of Insurance found in my favor June 2007 and the insurance carrier credited back all unauthorized and fraudulent charges. The bank refused to credit all fees associated with same. I contacted the OCC and filed a complaint because the customer service folks at Barclay's refused a physical mailing address to send a letter certified, return receipt. The OCC provided the physical mailing address on file and a letter with all evidence of the dispute was sent to CEO, Mr. Richard Vaugue. Barlcay's returned the FedEx envelope marking it REFUSED. From August of 07 through October 07, phone calls to Barlcay's were useless and they continued to refuse to credit predatory banking fees and just continued to add fees monthly. All agents I spoke to claim they saw where the entire balance should be credited back to zero and was very sympathetic, but stated not one indivdual within all of Barclay's had the authority to make necessary adjustments. Each time I asked for a supervisor, I was refused. Barclay's sent the account in January 2008 to West Asset Management. This collection agency accepted my dispute, reviewd the information, and found in my favor promising to correct my credit history profile and make account corrections. In June 2008, I was denied a student loan as a result of Barclay's dispute and contacted their office again to complain. I was immediately transferred to Holly of Harvest Strategy Groupo, another collection firm who never even notified me the account was in their office. Holly, received my documentation via Fed Ex and found iun my favor promising to make all corrections and have Trans Union send a corrected report to the Student Loan company. When I calledHolly to confirm and ensure something was being sent to me in writing to confirm same, Holly indicated that Barclay's pulled the accoutn back once she submitted her report revoking her authority to speak with me and/or make corrections.

When I contacted Barclay's again, I argued with customer service in excess of two hours trying to get a suprervisor to own this issue and see it through to resolution. It was at this time in July 2008 the bank started grabbing at straws claiming there was a puchase of some fish tank for $39.95 I didn't pay for and that somehoe justifies fees in excess of $1,000. I asked for validating evidence of the debt and was told I was too stupid to understand how to read validating evidence including a sales receipt. With each call in followup the balance due ranged from $0 - $1,159 with no consistency. I stated I beleived they were grabbing at straws to justify the predatory fees and again requested a physical mailing address to send a formal written dispute. Barclay's refused this information.

At this time, I tracked down the Wilmington Delaware address providing all information including MP3 recordings from Harvest Strategy and their customer service's abusive conduct directly to Mr. Clint Walker. I requested validating evidence of the "fish tank" and what I did receive was a letter from a secretary, Ms. Christopher who makes no mention of the myttery fish tank but alleged the charges justifying the predatory fees include unpaid gas charges, hotels, and storage. In this letter, she is unable/unwilling to provide dates of charges, locations of charges, dollar amounts of charges, etc. As a courtesy I even provided police reports of an incident involving a compromised card to show "just cause" for the information I was requesting.

The bank has beenunable to provide any details regarding the alleged charges, and I maintain they are grabbing at straws to justify the fees. In this letter they claim I should pay an undisclosed amount to the colelction firm, Harvest Management. Harvest concurs, they don't even have the files there to review because the bank pulled it back.

In the meantime the account is in limbo, Mr. Walker refuses to supply information and/or correct the trade line to reflect the true scenario of the account.

So essentially, I am sick of dealing with this nonsense and I am looking to sue Barclay's for Harassment naming Clint Walker and Ms. Christopher as co-defendents for falsifying onformation on the CRA.

I am looking to initiate suit against Equifax/Experian for refusal to provide a current copy of the credit report and refusal to investigate inquiries.

I am looking to crucify Trans Union naming David Emery, and Konnie Maxwell as co-defendents for falsifying information on my credit report as well as the slanderous remarks that I have somehow falsified evidence.

I am not looking for money or a hand out, I am looking for this to be resolved, my credit corrected to reflect acurately and to get my student loan. I have already lost so much from this crap including my home, my previous job of 15 years, insurance benefits, increased car rates.. I just don't have any more to lose.. they have taken every last opportunity from me as a result of falsification of information.

Aside from that, I have an identity recovery team through an insurance policy and all three credit reporting agencies are uncooperative with the carrier.

Unfortunately, every attorney I have met with requires a retainer I can't afford to pay so my only alternative is to forfeit my civil rights or pursue in filing myself.

How do I start researching how to file?
 
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In the immortal words of Inigo Montoya, "Let me 'splain. No, there is too much. Let me sum up." :)

Here is what you want: to have your credit record corrected. (You want this so that you will be able to get a student loan. I assume your corrected credit report will enable you to get a student loan.)

Here is what you propose to do:

1) Sue Barclay's and its employees for harassment for giving false information to the CRAs.

2) Sue the CRAs Equifax and Experian for not providing you with a current copy of your credit report and not responding to or investigating your inquiries.

3) Sue (since crucifixion is not a civil option) the CRA Trans Union and its employees for falsifying information on your credit report and for slander.

Here is how you commence:

You sue the companies by filing a Statement of Claim or similar document in your local superior court, naming them as defendants. Contact your local court registry for more information on how to commence proceedings. You can expect the first thing the defendants will do, if they do anything at all, is argue that the court has no jurisdiction. They might win, and you might have to sue them in their own jurisdictions (i.e. where they have their head offices).

I would suggest that, before you start suing, you actually ascertain what is on your credit record. To do that, get your free annual credit report from annualcreditreport.com. If they refuse to give it, they are in breach of the FCRA. How do they explain that? I would also suggest that some of the things you propose to do (like sue for harassment and slander) may be of little assistance in your ultimate goal of clearing your credit report. Maybe the bank or CRA did something wrong, maybe not, but those aren't going to clear your record and are going to be very difficult to prove.
 
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