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Help to sue credit card company

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leeshur

Junior Member
What is the name of your state (only U.S. law)?
CA

Hello, and thank you for reading, I did my best to be brief after reading the posting guidelines by TigerD. I thought about posting in Banking and Credit Cards, but wasn't sure.

Have read through sites, law and cases while waiting for a response from the credit card company. At this point am ready to sue, as they have continued to ignore me and inflict emotional damage. For the record, I have Excellent credit, and I have never sued, nor been sued by any entity before.

I disputed late fees with my credit card company. On their first reply back, they addressed me by a totally different name, ignoring my request. When I sent it again, they asked me for the information I had already provided them. I said I'd contact the BBB if they did not resolve the situation. I did not know then, but know now that, according to https://www.consumer.ftc.gov/articles/0219-disputing-credit-card-charges, creditors must resolve disputes no later than 90 days. Instead of resolving the situation or updating me, they ignored all requests, continued to illegally charge interest on the dispute and sent me to collections. ***NOTE: Throughout the dispute until the very latest, they would refer to me by another person's name, even though they knew it was me, except during live chat. It's part of the craziness and stress of this situation.

Out of the blue, 3 months later, I received a collections notice. I filed a BBB dispute (credit card company has never responded to), and immediately started logging the hours and stress the credit card company was causing prior to contacting them via secure chat. I asked them to resolve the situation (yes, I saved the chat log). They identified that the charges were invalid, and offered a 30 day courtesy refund, rather than fix the situation. I asked them to escalate to a manager, and they said it was not possible.

At this point of failure by the credit card company, I contacted the collections agency letting them know the debt was false and to make sure everything was good with my credit report. The collections agency failed to validate debt and instead simply mailed out many pages of credit card billing statements showing a final “debt” amount. I wrote to the collections agency and thanked them for failing to validate.

I informed the collections agency that I was hiring an attorney to sue the credit card company for various reasons, giving no specifics. I asked the collections agency to confirm that they would no longer pursue the debt, correct any credit reporting agency errors and refrain from reporting any further information related to the case. If they complied I would not separately file a lawsuit against them, only the original creditor who was continuing to cause stress and break other laws. I related to the collections agency that I understood that they were working for a client. Since they failed to provide validation, “...even though you may claim to believe what you provided me is validation, it is not.” I had no issue with them, as they failed and the target on my radar was now only credit card company. Even though I knew, I did not explain how I knew that they failed to validate. At this point I was sure that I was going to sue the credit card company, if the collections agency wanted to play the “ignorant-of-the-law game”, I had no problem going after them. The collections agency agreed to everything I requested.

After explicitly letting the credit card company know that they were causing emotional stress and giving them days to respond regarding fixing the situation, they responded, calling me a different name again, saying they apologize and to mail them at some address.

I tried to be brief, but everything seemed relevant in the hopes that I can receive some advice on what type of lawyer to hire, and maybe referrals. I did not bother checking my credit report, as my score, as I said, is Excellent. From law I've read it seems that during case formation I would pull the 3 reports and file for additional damages on anything falsely reported related to this case. Figured I'd wait until case formation. Interpreting law and cases seems easier than finding the right lawyer or understanding how to imitate a case. I'm not really sure which “Practice” to search for, and whenever I choose Credit or Credit Law, I don't get matches for California. Even though it might be “easy,” laws were the only consistent information I was finding, I couldn't understand how to initiate lawsuits against creditors (or CA for that matter). Even a flowchart from another site simply said something like, “then SUE.” But how?

Thank you for your time!
 


leeshur

Junior Member
Silverplum, I appreciate you including informative links in your post, I hope you have a relaxing weekend!
 

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