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     | Tuesday, February 27, 2001 - 04:28 pm  I posted about them reporting incorrect info earlier, but now they've gone too far. http://www.bayhouse.com/discus/messages/195/1191.html? I had an old account with Dillard Dept. Store that was charged off in 1994. They are reporting the c/o date as 1995 and are reporting the account twice to the CRA's. The accounts are identical except they added a few numbers to the beginning of the account # on the duplicate. I disputed the duplicate account and the dates - they verified. So I called them a couple months ago and they admitted the second account is a mistake and that I should dispute it again and they will not verify it. So I disputed recently and am waiting for the results. They never turned this account over to an outside collection agency and they stopped contacting me a few years ago. Since I first contacted them they have been calling me and sending letters offering to settle for $150 (orginal debt $188). A few weeks ago I sent them a letter disputing the dates and the duplicate account telling them to prove the info or remove it and they never responded. I called Dillard today to argue about the dates. The collector was rude and told me they aren't going to correct anything. So I told him I won't pay a cent until they correct the errors on my report. We got into an argument about it and he told me that now he is going to send this to the attorney and they are going to sue me. (Please, on a 7 year old debt for $188??) I told him it's way past the SOL. He said there's no such thing. I informed him that he's violating the FDCPA by stating they are going to sue me if they really don't intend to do it. Then I told him to please sue me so I can laugh in his face when it gets thrown out of court due to the SOL and they will have to pay my attorney fees as well. He told me that they will certainly sue me and that there will be a judgement on my credit report and that I should expect a summons soon. He told me that I don't know what I'm talking about and asked if I was educated!! I told him I most certainly am educated with a college degree and make 5 times his salary. He told me he won't talk to me anymore and wouldn't let me speak to a manager to complain about him and then hung up on me. I tried calling back a few times right away to get his name so I can complain about him but he refused to tell me. When I called back the reps who answered would not tell me his name and told me that the account has already been given to an outside collection agency (within the last 2 minutes??) and they can no longer speak to me. Outside collection agency?? What happenned to the BIG BAD ATTORNEY he was sending it to to sue me?! What an idiot! So I called Experian to see if I could explain the situation and get them to correct that c/o date. The lady I spoke to was soooo nice and said that it's going to drop off my report in 1/2002 anyway and that Dillard could not change that c/o date again to make it stay longer. I told her how he threatened to sue and she said "What?! he can't sue it's past the SOL." She agreed that it was illegal for him to even threaten that and said if they do sue they'll be owing me when it's all over. I felt like she was on my side. Anyway, what should my next step be? It's going to fall off in less than a year. Even if Dillard sends it to a collection agency and they report it too, that will have to fall off in January as well. I figure if I get something from a coll agency I will make them verify the debt to me by sending the opening and c/o dates of the account. If they try to change the dates I'll dispute that and sue them. Should I send a cease & desist and prove it or remove it letter to Dillard at this point? File a complaint with the AG and FTC? or just let it go for now and see what they do next? BTW, Dillard National Bank is located in Baton Rouge, LA.
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| | Tuesday, February 27, 2001 - 05:25 pm Since I still don't have a lawyer, I would immediately file a Small Claims complaint, in Arizona they can't appeal and have to either settle or show up to avoid a default judgment. I'd just sue for the maximum to get their attention. If they don't show up, at least you get a good sized monetary judgment. Also, I've added a couple of legal links and would like some feedback on these lawyers. As soon as I got a few spare hours, I'll test them myself. Mel, you've wasted way too much time on Dillard already and they really deserve to be sued. Of course you can also file the complaints, if you do, please post them here.
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| | Tuesday, February 27, 2001 - 05:32 pm I do want to sue them - that collector really pi$$ed me off today. I lost it with him. Should I sue on the grounds that they are reporting the duplicate account and won't remove it? (The original account is mine, even though the dates are wrong - I don't have the old records to prove the dates though). What proof do I need? Just copies of my credit reports and a copy of the letter I sent to Dillard? Should I contact the CRA's to get some kind of domentation on their investigation? I wish they would sue me as threatened! I would hire THE most expensive attorney in the state of Florida so they could pay the costs. I will very likely file a complaint with the FTC and AG in my state and theirs as soon as I get time to gather my thoughts about it and write to them. I'll post the complaints here.
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| | Tuesday, February 27, 2001 - 06:45 pm Christine, How much would you sue for? How do you go about figuring out how much to sue for?
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| | Tuesday, February 27, 2001 - 10:12 pm I posted my "summary" at Small Claims Court and hope that helps! Please post any specific questions in the "Legal" section in new topics, I think a lot of people would sue if they knew how to.
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| | Tuesday, March 13, 2001 - 08:40 pm I got my Equifax report back from the Dillard disputes I sent in several weeks ago. I had disputed that duplicate account as well as the charge off date on the original account. Equifax ended up deleting BOTH accounts. I hope this is the last I hear from Dillards. They will never get a dime from me.
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