Bad Credit marks=Slander??

[DarkStorm]

What is the name of your state?CO

Can a negative mark on your credit which you have repeatedly provided evidence to the creditors to be false be considered character defamation or some equivalent variety of slander?

[MamaLuna]

You can sue the creditor and the credit bureau for reporting false information.

I have been trying for months to get a mark off my husbands report that is 7 years old, the account was paid in full ($29!!) and was closed in 97 and it reports as being 60 days late in the last 37 months----which is impossible! I disputed it with the bureaus and it kept coming back as verified. I finally called the OC and told them they were violating the FCBA and I would sue them if they did not send me and the bureaus documentation to have this mark removed. The supervisor I spoke with mailed the bureau and I the docs that day and it should be updated with the March report! She gave me her direct number and said if it wasn't off by April to call her!

The first step is to dispute it with the bureaus. Go to [url]www.creditboards/forums/[/url] to learn how to clean up your reports.

[DarkStorm]

Too late for that. The collection agency is suing me in 5 days.

Originally Posted by DarkStorm

Too late for that. The collection agency is suing me in 5 days.

then you can present evidene that charge is false.

[cmorris]

Please provide more details for a more accurate answer. For example, what is this debt for, how much, how old is it?

What evidence do you have? How did you send it to them? Have you ever disputed with the credit bureaus?

I'm assuming you called them or they called you. Just because they claim to sue you does not necessarily mean they will.

[DarkStorm]

Originally Posted by cmorris

Please provide more details for a more accurate answer. For example, what is this debt for, how much, how old is it?

What evidence do you have? How did you send it to them? Have you ever disputed with the credit bureaus?

I'm assuming you called them or they called you. Just because they claim to sue you does not necessarily mean they will.

This is a credit card debt for $4900 which I paid in Oct 2001 as part of a second mortgadge debt consolidation. I have sent over the years copies of the check that they cashed to both the Credit card company and the collection agencies. I have written letters to the credit bureaus but the debt never went away so I am assuming it was disputed. Unfortunatly I faxed the letters and the check rather than using certified mail. I was served papers so I guess they intend to sue me or are atleast hoping for a default judgement for over $8000.

I would like to counter sue them for the difference in interest that I have been paying due to the inability to refinance my house because of this false debt. Im considering adding slander or defamation as well but don't know if I can prove this with the little evidence I have. They have not communicated with me in writting other than this court summons so I dont really have a strong paper trail.

[cmorris]

Did you ever send anything certified mail, return receipt? This is what you will need. Without it, a judge will not know if you actually sent the documents. Now the cancelled checks should help your defense. If you can prove it was paid, you will win.

They can report this for 7 years on your credit reports. If it is reporting incorrectly and you have proof they verified it was correct after disputing it, requesting debt validation, etc, THEN you have a case for a countersuit. Do you have credit reports, certified mail return receipt letters, or any concrete proof? How are they reporting the tradeline? Can you prove to anyone (i.e. a judge) that you really disputed this and they verified it?

[Ladynred]

If you have anything in writing that clearly states you were denied credit or dened a lower interest rate because of this mis-reported debt on your reports, you most certainly CAN sue them for damages - and defamation.

[DarkStorm]

Originally Posted by Ladynred

If you have anything in writing that clearly states you were denied credit or dened a lower interest rate because of this mis-reported debt on your reports, you most certainly CAN sue them for damages - and defamation.

This I do have. I have a statement from a friend of the family who has been trying to get me refied for the past 3 years. He runs a financial institution. What I dont have is any proof of corispondence as they only contacted me via the telephone. My faxes went unanswered but they did work to stop them from calling for about a year at a time.

I have called their attny and have asked for a detailed validation of this debt.

[cmorris]

Don't call; send the letter certified mail, return receipt! Do it tomorrow!

[DarkStorm]

True, I may as well get in the habit of using cert mail.