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  #1  
Old 11-15-2005, 01:13 PM
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Join Date: Oct 2005
Posts: 369
Angry

Bankruptcy&CC's


What is the name of your state? North Carolina
I went thru a nasty divorce years back. I have my credit cleaned up to a nice credit score. Problem is that the X and her Boyfriend ran my CC'
s up and declared bank. in my name. I have over the years written and sent proof to the 3 major credit agenciies with success. Gone off my record for years now.
Problem is I reciently tried to apply for a few gas CC and one had the bankruptcy on it (Denied). I have a credit ck on my account and was never notified of this. I called the company and was told banks now share info and don't always rely on credit agencies. One of the banks they checked with had the bankruptcy on there internal computer. This is more then 12 years ago, how do I get this bank to basically stop passing along fraudulent info. I contacted them on several occasions and was told that it's their info and they can use and sell it as they wish.
Is this true or how do i get them to stop?
  #2  
Old 11-15-2005, 03:31 PM
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Join Date: Jan 2005
Posts: 2,336
Have you tried talking to the bank with the "infected" database?
  #3  
Old 11-15-2005, 04:32 PM
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Join Date: Oct 2005
Posts: 369
Unhappy

Yes,
I have sent letters with no responce. When I called they verified the letter but said basically that they are allowed to pass on THEIR information to anyone they want. I guess this is like selling address' and phone numbers.
Is this something new now they don't use credit agencies but each other?
I don't see how this could be legal since you have no access or anyway to dispute or see what they are passing on.
Thanks for the reply.
  #4  
Old 11-15-2005, 06:11 PM
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Join Date: Jan 2005
Posts: 2,336
If their information is in error - and they have shared it with a third party -- and you have suffered financial damages -- then you can sue for your damages.

You'll have to decide how important this is to you. Bringing such a lawsuit will not be cheap since you will have to do so much discovery with banks who hate opening their files to anyone. If you win the case, you may be awarded your attorney fees in addition to damages.

I'm not sure that FACTA applies to a situation like this. Someone else may have an opinion. Download and read a copy of FACTA at [url]www.ftc.gov[/url].

Last edited by Debt Guy; 11-15-2005 at 06:17 PM.
  #5  
Old 11-17-2005, 12:48 PM
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Join Date: Oct 2005
Posts: 369
Angry

No I don't think I would ever file a suit not worth it right now I guess. I was just wondering if this was a new thing that banks do now?
But I did some research and they are three different entities. The origional Bankruptcy was an ATT universal card, I applied for a Conoco 66 Card and the info they recieved came fron Citi bank so someone shared info someplace. I"m writing a letter and am sending it out saying basically what you said and ask them to stop giving out my Info and to delete what they have.
Thanks for your time and info.

Quote:
Originally Posted by Debt Guy
If their information is in error - and they have shared it with a third party -- and you have suffered financial damages -- then you can sue for your damages.

You'll have to decide how important this is to you. Bringing such a lawsuit will not be cheap since you will have to do so much discovery with banks who hate opening their files to anyone. If you win the case, you may be awarded your attorney fees in addition to damages.

I'm not sure that FACTA applies to a situation like this. Someone else may have an opinion. Download and read a copy of FACTA at [url]www.ftc.gov[/url].
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