Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
It is possible to get these phone records through the discovery process in litigation.
However, whether or not it is worth suing the bank over this is a personal strategy consideration that you must make - litigation does take time, effort, and emotional commitment. You will need to consider what you intend to get out of the litigation (what relief you are entitled to). If the bank is not demanding any money, it is only a claim for declaratory relief based on your credit score, which is often considered a "speculative" damage and is harder to prove recovery.
All that is needed is to remove the negative which will be there for seven years. I'm not looking for a monetery result.
You can continue to work with the bank in an effort to remove the negative ratings (they should work with you). Unfortunately I do not have any special trick to resolving this outside of litigation (we cannot force banks to do something outside the courts). But you can attempt to work with managers, supervisors, or other departments - in our practice it is often a matter of finding the right person to assist you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).