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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Consumer Protection Law
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Experience:  19+ Years of Legal Practice in Consumer Protection.
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My name isXXXXX a couple months ago I found out that

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My name isXXXXX a couple months ago I found out that my credit card company suspended my credit card and filed it to bankruptcy. I never filed bankruptcy and I was extremely angry when I found out, I didn't find out until I went to pay my bill in January because I rarely used my card but when I did I called them demanding them to fix it, and at first they seemed apologetic about it and they reassured me that they would contact the credit bureaus and it would not mess up my 700 credit score. I informed that that I was planning of applying for a home loan soon and if it wasn't fixed and it messed up my credit I would take further action. Well needless to say March 1st I had a meeting with my loan advisor and I got denied for the loan because it never got fixed, my loan advisor informed me all they needed to do was send me a letter stating it was all a mistake and we would be able to fix it. Right away I called them and they were very rude and said they fixed it but really didn't I told them to send me a letter stating it never should of happened that it needs to get completely removed from my credit report and they agreed, I still have not gotten a letter, I lost the house I wanted to buy, and my credit is still in the hole because of all this, I feel I have a case against them but I need a professional opinion.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, thanks for your inquiry! I have been practicing Consumer Protection law for 17+ years and have specific experience with issues like yours. With regard to your post:

My name isXXXXX a couple months ago I found out that my credit card company suspended my credit card OK.

 

and filed it to bankruptcy. This part makes no sense. Are you saying that the credit card company stated to the bureaus (who then put it on your report) that you had filed for bankruptcy when you didn't? Typically, that would have to be reported in the "judgments section" and it comes from the court.

 

I never filed bankruptcy and I was extremely angry when I found out, I understand!

 

I didn't find out until I went to pay my bill in January because I rarely used my card but when I did I called them demanding them to fix it, Good.

 

and at first they seemed apologetic about it and they reassured me that they would contact the credit bureaus and it would not mess up my 700 credit score. I informed that that I was planning of applying for a home loan soon and if it wasn't fixed and it messed up my credit I would take further action. Well needless to say March 1st I had a meeting with my loan advisor and I got denied for the loan because it never got fixed, my loan advisor informed me all they needed to do was send me a letter stating it was all a mistake and we would be able to fix it. Yes.

 

Right away I called them and they were very rude and said they fixed it but really didn't I told them to send me a letter stating it never should of happened that it needs to get completely removed from my credit report and they agreed, I still have not gotten a letter, I lost the house I wanted to buy, and my credit is still in the hole because of all this, I feel I have a case against them but I need a professional opinion.I agree 100%. You will want to look at the following possible claims. 1) Violations of the Fair Credit Reporting Act AND, 2) tortious defamation. The first is federal, (but also look for any similar state statutes for same) and the latter is a state based claim. If you have NOT put your dispute in writing, mailed certified r.r.r., against both the credit card company and the bureaus, I'd do so, to prove you notified them of the problem. I'd look for an attorney/firm that represents consumers in FCRA violations - it is a newer field, and niche, but they do now exist. And, because attorneys fees can be part of what you win, you may not need to have a retainer to hire him/her.

 

Good luck! I agree completely that they should be held accountable, and compensate you for your losses, as well as the possible $1000 per violation they may be penalized.

 


I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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AlexiaEsq., Managing Attorney
Satisfied Customers: 11694
Experience: 19+ Years of Legal Practice in Consumer Protection.
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