Chane:
I am very sorry to hear about your situation. I am thrilled that you caught this garbage right off the bat and your bank is going to do all that they can to rectify your issues most promptly from every indication that you conveyed in your message.
Maybe you or someone else that reads the issue that I am going to discuss right here will be able to help me in some way with some much needed guidance and advice. Approximately 5 years ago I had an issue with Providian Financial who believed that I had owed them on a prior account that I had with them from several years before. Well, through an Investigation conducted by the CRA Experian it was found that my assertion was true and that was that I had paid Providian Financial on my one and only account to the sum of "zero dollars" and the account was subsequently closed by me the consumer. I have the original credit report provided by Experian. Well, Providian Financial turned over this account to Palisades Acquisitions, LLC, and then the account was turned over to the First Resolution Investment Coroporation. Eventually, the account was turned over to a Law Office (Collection Agency) by the name of Lustig, Glaser & Wilson, P.C. of Needham, MA..
I sent the proof of payment that the account was paid in full and indeed closed along with a letter of explanation to Lustig, Glaser & Wilson, P.C., and then they swiftly arranged for a Case Management hearing with me at the local District Courthouse. When I arrived there I met with an attorney who represented Lustig, Glaser & Wilson, P.C., out in the hallway and he had drawn up a resolution that dismissed the aforementioned account "with prejudice" so neither party (either they or myself) could seek further litigation against them nor could they or anyone else seek litigation against me with regard to this matter at any point in the future going forward. Presently, even though the First Resolution Investment Corporation has been presented with this document that has been filed as resolved with the local District Courthouse they (FRIC) only continue to persist with continuing to report this item of "derogatory" credit on my credit file as a "collection account" when in point of fact it was proven by a Law Office (Lustig, Glaser & Wilson, P.C.) who represented the First Resolution Invetment Corporation that this item had been completely paid to a zero balance and was then closed by me the consumer.
My question is, can I sue the First Resolution Investment Corporation for their blatant disregard of this document and the Laws governing the FDCPA and for only continuing to report a highly damaging and derogatory item that for all intent and purpose doesn't exist because it was proven through investigation and the process of Law that it was actually paid many years ago and there is "no such item" to report? I have the official court filing that reflects that this item has indeed been released "with prejudice".
Additionally, Capital One has been a major pain in the rear end for me in an eerily similar sort of situation as the one that I mentioned above. About 10 years ago, I had a small Capital One credit card that the balance was nearly $500.00. I paid off the balance and then closed the card by consumers request. However, shortly thereafter it was brought to my attention that I had at one time as many as five separate Capital One accounts. Through a great deal of persistence and perseverance on my own behalf I received from the offices of Capital One "two of the original contracts" (Credit Applications). As I had believed from the get go, both of them were fraudulent applications containing signatures nowhere remotely close to my own signature. As a matter of fact, one of the applications for credit that I had received was supposedly received in the year 2005 and on the Credit Application copy the date of signature was supposedly for August of 2007 (a projected date nearly two and one half years in the future). Clearly since this was a fraud in every respect imaginable, I had no choice but to enlist the services of a Forensic Handwriting Examiner who is a court certified handwriting examiner and recognized as an expert witness in court should he receive a subpoena to testify in a court of law. I believe that outside of the FBI there are only three or four such individuals in the country. Through extensive examination of many handwriting samples provided by me dating back nearly 20 years on official documents (Government memorandums and such) it was proven unequivocally that these items of credit quite frankly could not be mine. A local area Law Office was placed with handling this case for Capital One. When presented with the evidence from the Forensic Handwriting Examiner they scheduled to meet me at the courthouse and dismissed this item "With Prejudice". Now, even though these aforementioned accounts have been found to not truly exist, when I request any paperwork with regard to the accounts that occasionally appear on one or several of my credit reports they (Capital One) will not provide me payment schedules or an original signed copy of my contract. They (Capital One) provide nothing whatsoever. Occasionally, my credit reports are clear of anything Capital One, however, when I check again several months later through some sort of database search conducted by one of the Credit Reporting Agencies some non existent Capital One account will once again resurface and be placed on one or more of my credit reports.
Any assistance that anyone can render with regard to available recourse that I may have of any sort would be most sincerely appreciated.
Thanks folks!
Warm Regards,
Saadmo
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