Outline · [ Standard ] · Linear+ Bank's refusing to report a 0 balance, after discharge through bankruptcy

[Christine]

This is an excerpt from onamission's post at http://www.fight-back.us/forum/index.php?showtopic=98#

"FCRA
Subchapter F - Statements of General Policy or Interpretations Under the Fair Credit Reporting Act

607 (6) Content of Report
This is the 0 balance rule after BK.

This took me 3 days to find this rule!

I didn't even know these laws were even out there until 2 weeks ago. I decided to become educated, make a few phone calls, be consulted by an attorney, but ultimately, I decided that whatever I find I will share with others.

I have done the disputes, mailed CMRR's, filed complaints with the FTC and the state bureau, and pissed a few people off along the way, but my demands are being met."

Sharing is what it takes because no one person can do all the required research. I hadn't seen these FDIC regs and since you posted some specific info, I was able to find them in a few minutes instead of 3 days.

http://www.fdic.gov/regulations/laws/rules/6500-2750.html

"6. Content of Report

A consumer report need not be tailored to the user's needs. It may contain any information that is complete, accurate, and not obsolete on the consumer who is the subject of the report. A consumer report may include an account that was discharged in bankruptcy (as well as the bankruptcy itself), as long as it reports a zero balance due to reflect the fact that the consumer is no longer liable for the discharged debt. A consumer report may include a list of recipients of reports on the consumer who is the subject of the report."

Questions regarding regulations:

Who do they apply to?

The OCC who apparently regulates Bank One did not agree with those rules, see Randy's ordeal with Bank One and the OCC and my 3/25/04 Press Release

Does the OCC have their own regs?

Do these regs provide us with any legal rights?

I think the FCRA provides as with the right to accurate and updated credit reports, including the 0 balance and we have the right to sue if incorrect data was verified after our CRA dispute.

And how does all this relate to the regulators' REFUSAL to enforce consumer protection laws?

The FTC, FTC and Federal Reserve Bank of Richmond were all dismissed from my suit because I obviously don't have a clue about suing the government and regulators. Their motions to dismiss and the orders do provide a lot of info about what I did wrong, but I sure haven't had the time to even look into that again, been busy with my active cases.

I also just found out that President Bush sued the FEC for enforcement

On 9/16/03 EPIC filed a Complaint and Request for Injunction, Investigation and for Other Relief with the FTC
- I couldn't find an update.

[onamission]

I am in the process of filing three suits. Everyone complains that attorneys are to high or can't find one at all. First thing, don't call an attorney to ask questions unless you do the research first, and most immportantly have proof.

When you consider filing suit, PLEASE have all of your documents (originals), detailed notes, phone logs, and any other correspondence ready to suppoort your claims.

My attorney told me the first day I walked in, "It will cost you too much for me to do this for you. I don't have the time or the resources to waste on this if you aren't serious." I was blown away. I decided to stop belly aching and do something. Then, when I started doing research, reading the laws, cases, sending many CMRR's, and trying to track down the paper trails, I completely understood what he was talking about.

Just Monday, I called to report the progress I had made. He told me that was excellent, and since I was serious, come in to see him at my earliest convenience. I went in today. I had everything together, 90 hours of research, and 3 reams of paper later, and on the verge of a breakdown. After I presented my case, he said there is no time to waste. The suit would be ready to be filed by Wednesday of next week. He would personally handle my case and prepare it over the weekend. This is a holiday weekend. He must be serious now!!!

Here are some fun and informational reading. Get ready to learn!

http://www.abnet.org/legalservices/lampcle/pittman.pdf
http://www.ftc.gov/os/statutes/fdcpa/commentary.htm

Excellent reference material for preparing cases. The FDCPA only pertains to collection agencies, not OC's or CRA's (IMPORTANT).

http://www.fair-credit-reporting.com/FCRA.html

Has tips and explains how to protect consumers against illegal credit reporting.

http://www.ftc.gov/opa/1997/09/fcra929.htm

FTC newsphone 202-326-2710

I have to urge everyone that has a legitimate violation, file a complaint with the FTC and you local state Comsumer Protection Agency.

Maybe if everyone floods the phones and their e-mail boxes, they might get the hint.

Good Luck!!!

[Christine]

Unfortunately, calling the FTC is about the biggest waste of time. However, I hope you'll submit your comments to the Federal Reserve: http://www.fight-back.us/forum/index.php?showtopic=118

I'd especially like to see your advice to consumers with the public comments, having to spend 90 hours on legal research so that maybe an attorney will take the case.

I don't think that's what the legislators intended to be a requirement for accurate credit reports.

"Here are some fun and informational reading. Get ready to learn!"

See, I think that people shouldn't waste their precious time on reading this awful stuff. I think they should be reading books to their kids, spending time at the beach or in the woods, help people die at a hospice, learn about renewable resources and start an organic garden ... I could think of at least 10,000 better things to spend those 90 hours on.

Not to mention that most people could read that stuff for 900 hours and still not know what it means.

I know that you are right about what it takes to get an attorney, but I find it appalling. After all, will the attorney give 90% of his fees to you?