AboutRegan Shinski Expertise I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.
Experience Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials BA - University of Minnesota
Question How would I file in court to get a order to have my credit corrected? I have read on-line about Estoppel’s but case law seems to show this in real estate law and not credit law. Sending the estoppels letters that are all around the internet sound good, but the cases cited have absolutely nothing to do with passive collection and falsification of information from the creditor to the credit reporting agency.
The credit reporting agencies have stated the bank listing a charge off claims no knowledge of a disputed balance and prior agreements made by their agents to accurately reflect my credit history with them.
I opened the card in 12/2005. In 1/2006 there was an unauthorized insurance premium added to the card. The bank did not take the dispute seriously refusing fraud affidavits and a physical mailing address for a formal written dispute. I closed the account paying the uncontested balance in full, February 2006.
Flash forward to June 2006, the initial insurance premiums were credited by the insurance carrier with the involvement of my State’s Department of Insurance. From June 2006 through January 2008 I consistently disputed the balance on the card ($750) as being comprised solely of late fees, over limit fees, and interest charges associated with the initial dispute. I attempted several times to mail a formal dispute and the bank claimed they never received the mail. I resent the initial dispute with evidence supporting the claim via Fed Ex with signature required. The bank refused delivery of the dispute letter.
A third party collector contacted me in January 2008. I again disputed the charge. This agency investigated and found in my favor confirming I do not owe the bank any money. The agency promised to have my credit reports corrected to reflect paid in full, closed by consumer and never late in February 2006.
In June 2008, I was denied a student loan to return to school as a direct result of this same charge off. I was forced to delay school by 13 months and enroll in a different school entirely with affordable out of pocket expenses. I called the bank in June 2008 and was referred to a new collection agency that never contacted me in any way. This collection agency also reviewed the account determining the entire balance was comprised solely of bank fees that should have been credited. The collection firm promised to credit the account and make corrections with the credit reporting agencies paid in full, closed by consumer and never late in February 2006. I requested a letter confirming the correction had been completed. When I did not receive the promised letter within ten days, I called to learn the bank pulled back the collection firms authority to correct my credit report.
I contacted the bank in July 2008 at the request of the second collection firm to have the credit reporting agency corrections completed and obtain a letter. During this call I learned the bank felt justified in not providing credits associated with the initial dispute claiming I bought a fish tank in a mall for $39.99. The purchase was allegedly made in a mall somewhere in Tennessee. I told the rep I needed a sales receipt and additional information because I have never traveled to Tennessee and the charge was unrecognized. I was then told by the representative I was too stupid to understand how to read a receipt. To date, the bank has not provided any information to substantiate this claim of a $39.99 charge.
I filed complaints with the bank’s General Legal Counsel directly as well as the Department of Banking and the credit reporting agencies regarding this charge surrounding the disputed fish tank purchase demanding a sales receipt and disputing the charge.
The bank sent a response in November 2008 claiming the entire balance of $750 was comprised of charges for lodging, gas stations, and storage. The bank was unable to produce any sales receipts, dates of service, dollar amounts of individual charges, nor an explanation as to why these charges were just surfacing two years after the initial dispute. The fish tank initially reported by the customer service representative was not mentioned in this document.
I have filed complaints with the Federal trade Commission, the Attorney General, the Department of Banking, and the Comptroller of Currency with no result. Each entity claims they are not able to intervene with bank to rectify the problem. The Better Business Bureau just chalked up another unresolved dispute.
Again, any advice on approaching this through the courts and cases I could reference would be helpful.
Answer Hi Jennifer:
Your case seems complicated but sound. I'm hoping it is well documented - meaning you have hard evidence to support your statements in court, not just verbal testimony on the bigger issues.
The most common practice here is to file in federal court. Different courts have different procedures. The best resource is the website for that specific court that is closest to your location. Like other courts, this basically involves you filing a complaint, paying a fee, and getting a court date. There are methods the court uses to reduce or eliminate the filing fee in some cases. Inquire about that as well.
The complaint needs to written up in the format accepted by your specific court. You can research at that court on similar cases that have been filed to get an idea of the proper format and forms.
More ideally, you would use an attorney. If your case is solid, there are attorneys in certain markets that would take a good case on a contingency basis or at least offer an initial consultation for free.
it sounds like the only way to correct this is through court. I would still attempt one last letter. A common method on smaller cases I have used is to actually draft up the federal complaint. Send a copy to their legal department (certified, return receipt.# State in the cover letter that this case will be filed if you don't hear from them in fifteen days. Give them ten days and call. Get to the legal department and say you are only calling to ensure they received the federal complaint. From there you can gage their reaction and openness to for a settlement. State you have consulted an attorney and once filed they will be liable for the court costs and $300/hr #or whatever it is) for your attorney if they lose. Paying hundreds per hour to an attorney is more threatening than the $750 they are trying to collect from you. Again, this often suddenly makes them open to settling this case before court.
Good luck.
Regan
p.s. Make you you include the statutory violations as well as actual damages. The damages are very important.
