How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AlexiaEsq. Your Own Question
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Consumer Protection Law
Satisfied Customers: 13542
Experience:  19+ Years of Legal Practice in Consumer Protection.
10805288
Type Your Consumer Protection Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

I have been disputing a charge off on my credit file for over

This answer was rated:

I have been disputing a charge off on my credit file for over 3 years. At one point the bank offered me a settlement but, i could not afford it, and continued to challenge the account as " not mine" , long story short i wrote a letter asking to renegotiate the offer, and now the banks legal department has the account and wont budge. why i disputed the account is because i was a authorized user, and they did not have a application for credit signed by me. how do i move forward and get this matter resolved? also i had a attorney but he dismissed the case , because i admitted knowleage of the account in my counter offer.I really dont want to file a lawsuit, i just want the charge off removed or settled.
Hi, thanks for your inquiry! I have been practicing Consumer Protection law for 17+ years and have specific experience with issues like yours.

I have been disputing a charge off on my credit file for over 3 years. At one point the bank offered me a settlement but, i could not afford it, and continued to challenge the account as " not mine" , long story short i wrote a letter asking to renegotiate the offer, and now the banks legal department has the account and wont budge. OK. Interesting that they haven't filed suit yet if they believe you owe them. But that is likely because they understand you are not liable.


why i disputed the account is because i was a authorized user, and they did not have a application for credit signed by me. Yes, so you are not liable.

 

how do i move forward and get this matter resolved? Because there is no express law on this preventing the company and the bureau from reporting the owner of the account's default on YOUR credit file, the only way IS to sue. I'd do it in a NY minute. Their behavior is appalling and manipulative and designed to get you or anyone else not liable, to pay their damages because the person they took the gamble on failed them.

 

also i had a attorney but he dismissed the case , because i admitted knowleage of the account in my counter offer. That should not matter a witt. So, you know of an account that your friend had and allowe you to charge on? That doesn't make you liable.


 

I really dont want to file a lawsuit, i just want the charge off removed or settled. You won't get it until you sue. Consider discussing this with an attorney that is actually adept at "Fair Credit Reporting Act", which, when you take certain steps, can cause the defaming entity and/or bureau to be liable TO YOU for $1000 per incident of improperly reporting your credit information. In addition to that federal cause of action, you may also have State based claims for same or for common law defamation. I tell you, I feel for you! But because these players don't expect you to do anything, they feel quite comfortable keeping the pressure on you. And I find it humorous that some knucklehead at the bank refused your offer to settle, since from what you say, they could never win it in a court of law - so what are they hoping for? I suppose to get you to ante up more - it is extortion, as I see it. You either have to take what they are dishing up (at least for 7 years, when the bureas should no longer be willing to publish it, generally) or give them a reason to stop the bullying/extortion. Wish it were different, but, if not, would like to see you gain something at their expense for their poor and unethical behavior.

Optional Information:
Country relating to Question: United States
State (if USA): Michigan

 


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.



-------



I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq." Or bookmark this page, and go to: http://www.justanswer.com/law/expert-AlexiaEsq/



Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.

AlexiaEsq. and 2 other Consumer Protection Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you! i am so pleased with you answer, i thought because the attorney dismissed the case i had no chance to refile, a summons and complaint. I will get some sleep tonight. I sure hope to find a attorney as well versed as you are, if and when i have to file a lawsuit.

Just don't delay too long, nearly all claims have statutes of limitations and if you are 3 years out, you could be blowing some of them. You need to find out if the re-publishing each month can constitute a new violation (hopefully). Without having researched that particular issue, I'd argue that it should because each month of stating that you didn't pay this month (if that is what it says, such as that little "X" under the month/year chart that is being reported that month, is actually stating MORE than the original report, which was likely, "one month unpaid/late", Jan, 2010, when now they are saying recent months are also unpaid/late.

I'd get on it now, not wait, is all I am saying.