View Full Version : Can I countersue If.
Angel007
Mar 19, 2007, 06:26 PM
Hi previously I had posted about a collection agency that claimed I owed money. According to this agency, my original creditor was city bank. I called city bank nothing appeared on the system under my name, social security, or with the account number provided by the collection agency. I received a court claim by the collection agency. City will send a letter stating no account under my name exists or had existed with them. My question is, if I win this, can I countersue for damaging my credit history?
Fr_Chuck
Mar 19, 2007, 06:50 PM
Do or did you really owe the money ? You can not sue for something that is true.
If the new agency "bought" the note from city bank, then city bank will not have it in their records as owed, since it was sold.
So if you actually owed them money Iwould not be to fast to make false claims.
Lowtax4eva
Mar 19, 2007, 07:45 PM
If you never had a citi account and this is a complete scam then maybe, but you would have to prove that the damage done to your credit had a financial impact, like if you were denied a loan based on this false information.
But if you did have a citi account make sure nothing ever went on collection, as Fr_Chuck said, it may show as resolved in their system if they gave the bad debt to another company.
Angel007
Mar 19, 2007, 08:41 PM
Hi fr chuck and low tax I appreciate your answers. Today I called city bank and spoke to a customer service rep (specializing in credit card accounts) I asked them "Ma'am, If I had an account with Citi Bank and you sold it to a collection agency, would you have it on your system that I had once an account with your bank or that you sold it to a collection agency? They told me yes. If I were ever to have an account with them, they would have some kind of information on it. However after running my social and full name, nothing came up. I called them and spoke to 3 different people, they all told me the same thing. Now, they are sending me a letter wich says that nothing on the system was found under my social or name even nothing about selling my account to a debt collection agency.
What do you think?
Fr_Chuck
Mar 19, 2007, 08:46 PM
Ok, not what they told you, if YOU had an Citi bank account YOU would know it, so did you have one?? Not what they said, but if the judge or the other side asks you "UNDER OATH" did you have an account, what will you say,, you can't say they did not find one, you have to say yes I had one, no I did not.
Also if the collection agency has all the account numbres and list of charges, you will look fairly bad trying to tell the court you did not have one
If you did not have one, they are committing fraud, and you can not only sue but also press criminal charges, if you are trying to lie and find a loop hole out of paying a bill you actually owe, this is not the way to do it.
I am saying this strongly since your reply again beat around the bush of if you actually had this account or not
Angel007
Mar 19, 2007, 09:03 PM
Hi father chuck, I honestly don't remember having one that's why I called them to verify and that's what they told me, that nothing was found. This collection agency never sent me a letter notifying me of this.
excon
Mar 21, 2007, 10:57 PM
Hello again, Angel:
I'm an old guy. I've been in business many different times in many different states. I remember every bank I've ever had an account with - lots of whom are out of business - but I remember 'em.
excon
Angel007
Mar 21, 2007, 11:11 PM
Hi excon, I understand your point, you see this was so long ago that I don't remember what bank wwere assigned to whatever visa I had at that time if any. Anyway like I said, banks always have some sort of record no matter if an account was sold to collections.
Home Retention Agency
Mar 22, 2007, 07:40 AM
Dispute the debt through the 3 collection agencies. They will contact the CA to see if they have valid evidence of the debt.
If they don't produce within the allotted time, the derog is removed from your credit reports. No damage.
Take that documentation to your hearing and they'll have a tough time winning their case.
If this is a legitimate debt, offer to pay them a percentage of what's owed in return for removing the item from all 3 bureaus, along with a letter confirming that the debt is not valid.
ScottGem
Mar 22, 2007, 07:52 AM
Bottom line here is for them to successfully sue you they have to prove that the debt existed. Which means they have to have the original contract.
As for you countersuing, you would have to prove that they did subtantial and measurable damage to your credit AND that it cost you.