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Can we sue our bank for harassment, false reporting to a credit bureau etc?
Anonymous6 views3 answers
We pay our loan on time, now they are saying we are a month behind. we have records where we paid them ,they have reported it 2 times to the credit bureau and hurt my credit tremendously. They call and harass me saying we are behind, they have many excuses. They have said we put in our banking info for the payment in wrong, that the routing and account numbers on a check and deposit slip are different. That one month didn't get paid (which it was getting taken out of my check every month). Now they are saying it stems from a refund they sent because they said we paid too much, when the loan originated in 2011. Now they are still saying we are a month behind. What would we be able to sue for as far as credit damage, (which is hurting us to buy a home), stress, etc? (if we have a case)
Firstly, your bank is not subject to the Federal Fair Debt Collection Practices Act as they are an original creditor. You might be able to state a claim under the Fair Credit Reporting Act, but only after you have disputed the erroneous information with the credit bureaus and it is wrongly verified, and then damages ensue. You have not described any "harassment" by the bank, however you could possibly sue under your state law. I don't know whether you have a valid claim. You should consult with an in-state consumer attorney to discuss the credit reporting issues by your lender. If the lender believes that you are a month behind, they may continue to report the late payment for months to come until it is rectified. Your focus should be on rectifying the error.
Ask for a deposition before suit, depose the record keeper for the bank. Reconcile their records with your records and then look to see if you have a claim
