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     | Thursday, February 24, 2000 - 11:12 am  Well I'll try to keep this short. My problems started 5 years ago when someone with a very similar name to mine got in financial trouble. I had always paid my debts and couldn't believe I was turned down for a loan. Once I got my credit report there was a bad loan from Chase Bank. After 3 months I had it all straightened out. Now to 12/99. Chase sold this note to Performance Capital. I have sent letters to Performance and even went to an attorney for help. The attorney basically did what I did and sent letters to the credit bureaus and Performance Capital. Performnance Capital just ignored everything. Now the lawyer refuses to do anything more. This debt is not mine! What next? Another lawyer? Sure, and I'll pay them for more letters. Surely I must have some legal recourse.
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| | Thursday, February 24, 2000 - 08:28 pm This is totally ridiculous. The lawyer refuses to do anything more? WHY???? If you post the lawyer's name, city, state and phone/fax number, or E-mail, I'll try to find out.
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| | Friday, February 25, 2000 - 03:20 am Not quite true that the lawyer has "refused" to do anything. More correctly "hasn't done anything". I went to the lawyer back in July 99 when I gave up on getting this removed myself. As I said the lawyer sent letters and that's all. I talked to him last friday and told him I wasn't pleased at all, said he'd get back to me. That was last Friday. Not once has he even ever told me where things are. I'm planning on reluctantly paying the bill of $270 Monday, collecting copies of what he's done and going somewhere else. Anyway, here is the name Van Slyke J Arby 618 W Garden St Pensacola, FL (850) 438-0440.
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| | Friday, February 25, 2000 - 05:03 am The problem is the lawyer doesn't understand the FCRA and doesn't see that since he wrote letters and nothing was done, you wrote letters and nothing was done AND they sold this debt to another creditor is all in violation of the FCRA. You need a consumer attorney that understands the laws. It is exhausting trying to get the CRA's and creditors to clean up their errors and often you are FORCED into court to have your complaints validated and hold them accountable. I am in Federal Court now and you don't have to find an attorney in your area, there are many consumer attorneys that will take your case on contingency and find their own attorney to help them from your area. If you want to read about my nightmare go to http://www.consumeraid.org/creditnightmare.htm then you will see just how long this could go on if you don't pursue this. Feel free to email me if you like at empdata@javanet.com
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| | Friday, February 25, 2000 - 05:53 am Have you considered filing a complaint with your state Attorney General's Consumer Protection Office & the FTC, filing a small claims suit against the credit bureaus, and/or contacting your local media consumer watchdog units? Contact names can be very useful. If you can hold an individual responsible for handling your dispute, the results might be better. For example, you could call Performance and ask for the supervisor. You could explain that the debt is not yours and that you straightened this out three years ago with Chase, but the problem resurfaced when Performance took over the account. You could tell the supervisor that you've sent several letters to get this straightened out, but never received any reply. Then ask the supervisor to help you get this permanently removed from your credit bureau files. In my own experience, I have found that supervisors will usually offer to help. Follow up is important, so it is a good idea to make sure you have the supervisor's full name and direct phone extension. If you receive an assurance of help from the supervisor, it is a good idea to send a letter to his/her attention stating the details of the conversation followed by "Thank you for your assistance".
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| | Friday, February 25, 2000 - 06:26 am I've read about the nightmare Denise had. Mine is not that bad yet. When the problem first started the amount was $570 from Chase Bank. I almost paid it because I thought it was mine. Then realized I never had a credit card with Chase. I have tried talking to Performance on the phone. They give me a balance due and ask if I'm going to pay it, end of conversation. What's even getting worse is the credit bureaus have now decided this other persons name is an alias for me. Performance won't even talk to my lawyer. I've considered complaining to the Attorney General, and anyone else with some type of power. That may stop them from doing this to someone else. However, it does nothing for my situation. So far I've had 2 credit cards canceled, been refused a phone, couldn't get a decent interest rate on a car loan and had problems getting a mortgage. It's time to fight! The problem is how? All the lawyers I've contacted have been worthless. I went to 5 attorneys before I found the one I have at present. Like Denise said, I need a consumer attorney. There are none in Pensacola, FL. This time I think I want to do this on contingency. Gives the attorney some incentive to do something. Mine certainly hasn't done anything other than hand me a bill.
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| | Friday, February 25, 2000 - 12:57 pm Joseph, I'll give your lawyer Van Slyke J Arby in Pensacola a call on Monday. If nothing else, he'll know that his incompetence is now published. While I personally would have at least ten really good cases myself, I'm just afraid to end up with a worthless lawyer like yours. Since I need neither credit nor money real bad right now, I chose to do nothing. And that really bothers me. I'd much rather do something, but don't know how to find a good lawyer. It looks like you suffered quite severe damages, and I agree that you need a lawyer who KNOWS the laws with regards to credit reporting as well as collecting. Where do we find those lawyers????
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| | Saturday, February 26, 2000 - 08:06 am Here is a start in finding a consumer attorney that knows the laws. go to http://www.naca.net and click on "How to find a consumer attorney". It lists their email, phone and fax numbers by State. Also the attorney will give you a phone consultation even if not in your area. I found out that they will find their own attorney to help in filing in your area. I also found out that if you have the documentation to back your claims up, they often will take case on a contingency basis. Good luck... we all need it!
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| | Saturday, February 26, 2000 - 08:54 am http://www.naca.net/Contacts/Fair%20Credit%20Reporting.html I believe this is the direct link to the listing of Attorneys specializing in the Fair Credit Reporting Act. They also have listings of attorneys that specialize in other consumer areas as well.
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| | Sunday, February 27, 2000 - 05:48 am You've all been a tremendous help. This whole thing has been a nightmare. The thing that bothers me the most is that I can't understand for the life of me why Performance Capital has not made any attempt to correct the mistake. When the problem first started before Chase Bank sold the bad debt they were helpful. One phone call from me took care of the matter. Performance Capital will not even speak with me. This whole problem started over someone with a very similar name to mine "Joseph Dzubak". Close in spelling but not that close. If you think about it it's scary. I've heard Performance Capital is in Bankruptcy. What even scares me more is that some other debt collector will pick up this bad debt and post it on my credit file again. I'd be right back at square one again. From Denise's advice I will be reporting this to the Attorney General and anyplace else that I can. I really hope I have some legal recourse though. I sent certified letters to Performance in June 99 and the lawyer again did it in July 99. Seems to me Performance was under an obligation to correct this mistake in a reasonable time frame. I do know the attorney requested the original loan documents which Performance has refused to deliver.
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| | Sunday, February 27, 2000 - 06:13 am Christine, When I first went to this lawyer he sounded like he would do something. Even told me I'd get some money out of this. To date all I know is he sent letters to the credit bureaus and Performance Capital, tells me that on my $270 bill. Like a friend at work told me "Most of those letters are copies with a different name. Also told me the going rate for a letter from an attorney is $25. Probably the only reason he took this case was he figured it for some quick cash. I'd be thrilled too if someone paid me $270 for writing letters, especially if they were basically copies to different companies. I have a hatred of lawyers because every time I deal with one of them seems like it costs alot for nothing. When I first went to this attorney I figured I was going to end up paying about 1k to clear this up. But I thought it would at least be cleared up. After 7 months all I've seen from my lawyer is a bill, not even a word as to where I stand. I had to call and complain 2 weeks ago to find out Performance ignored his letters. You're right in asking "Where do we find those lawyers?". I went to 5 of them and was turned away every time because in this area they specialize in one area. Any that deal in credit in this area handle bankruptcy only. Monday I'm going to start calling the attorneys on the site that Denise gave me. Also I plan on paying my legal fees with Slyke and getting rid of him. I want copies of all the letters he has sent so that hopefully the next attorney doesn't duplicate previous steps.
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| | Monday, February 28, 2000 - 10:15 am I faxed this entire page to Van Slyke J Arby's office and requested his comments. "I hope you aren't REALLY going to charge Joseph $270 for a few form letters." We'll see what he has to say .... Christine
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| | Monday, February 28, 2000 - 04:51 pm He called me today and apologized. Said if I was unhappy with the service I didn't have to pay. However we did talk and he has explained where I stand. Also took the time to explain everything he has done and what needs to be done. He has told me to file lawsuits against Chase Bank and Performance Capital. He has said everything just kind of fell apart and promised it wouldn't happen again. I'm going ahead with the lawsuits at this point because I'm mad as hell about both Performance and Chase. Chase was nice in the beginning but they still left the item on Trans Union even though it was removed from the others. It's been on Trans Union for 5 years, why it never affected me I don't know. Any calls to Chase have just been brushed aside saying they have no information as the bad debt has been sold to Performance Capital. Performance Capital has been hell as they are just rude and hang up or just ignore letters. The whole thing kind of makes you doubt your sanity. I still can't believe all I've been through over a bill that is not even mine. One thing that Arby told me is that it is very hard to prove defamation. Also told me Florida is not on the consumers side as many other states are. That part I believe. After living here a year I've come to the opinion that the biggest industry in Florida is not tourism but corruption. I will keep in touch and let everyone know what is going on with my lawsuits.
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| | Monday, February 28, 2000 - 09:10 pm Thanks for the update, Joseph.
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| | Tuesday, February 29, 2000 - 04:52 am Joseph: Your attorney should contact an FCRA expert or a consumer attorney for an initial consultation to review or consult with on your particular case. Since it sounds as though he is new to this area of law, as many attorneys are, it could be very beneficial for him to gain some insight from attorneys who are or have been experienced in this type of case. I believe he may want to ask about the liability of the CRA's involved as well. Just a suggestion...
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| | Tuesday, February 29, 2000 - 01:51 pm Joseph, your post made me curious about the availability of attorneys who deal with this. I got onto the Westlaw legal database and searched for all cases litigated in the 11th Circuit (which includes Florida) that used the term "Fair Credit Reporting Act." There were not that many and I only pulled about 15 of them to review. In every one of the ones that I pulled the consumer lost (usually for lack of jurisdiction), or the cases were still pending. Several of the consumers pursued state law grounds likes libel & defamation. Others pursued the FCRA grounds. Some pursued all of the above at the same time. I noticed a pending case which was published on July 14, 1999 involving attorney Donald P. Kohl of West Palm Beach, representing a consumer named Michael Musto in a "credit slander" and defamation action. The Bar journal lists the attorney's number as (561)968-1600. I know nothing about either this attorney or "credit slander", but maybe you want to call an attorney in Florida who has actual experience litigating these things.
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| | Thursday, March 16, 2000 - 05:57 am As an update to all that has happened. My attorney advised me to get current copies of my credit file before filing the lawsuits. Chase bank removed the item from my credit file so now I probably have no grounds to go after them. Performance Capital has sold the debt to Asset Acceptance Corp. This was my biggest fear of all. Now I'm probably back to square one writing more certified letters to Asset Acceptance. I haven't told the attorney as yet as the credit reports just arrived tonight. Does anyone know if Performance Capital has gone out of business? Or is this a clever trick by them. Joe
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