Tag: credit reporting

E.D.N.C.: Myrick v.  Equifax- FCRA Dispute Resolution and Bankruptcy Discharge


Following the entry of a discharge in 2011 of his Chapter 13 case, First Federal Bank (“FFB”) continued to report on Mr.  Myrick’s credit report with Equifax that he owed an outstanding balance of $41,603 that was past due by $2,000.  In November 2014, Mr.  Myrick submitted a dispute with Equifax regarding this balance, raising his bankruptcy discharge.  Equifax sent a Automated Consumer Dispute Verification (“ACDV”) to FFB, which responded that the balance information was correct.  Later in February 2015, Mr.  Myrick again disputed the FFB trade line, this time attaching a copy of his discharge order.  As the discharge order does not specifically list discharged claims, Equifax requested additional details regarding the account names, numbers and nature of the dispute.  … Read More

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E.D.N.C.: Owens v. Dixie Motors- FCRA, Improperly Obtaining Credit Report; Emotional Distress; Direct and Vicarious Liability; Pre-emption


Nina Owens purchased an automobile from Dixie Motors in 2007, providing information including her home address, date of birth, social security number, phone number, insurance agent, insurance company, employment information, monthly mortgage payment. Ashley Owens, the daughter of Nina Owens, considered purchasing a vehicle from Dixie Motors in 2011, supplying similar credit information and personal identifiers. The credit application by Ashley Owens was declined, but at the same time Janet Pierce, the finance manager for Dixie Motors, completed an credit application in the name of Nina Owens. (It was disputed whether Nina Owens was aware and approved of the credit application or not.) Pierce subsequently inadvertently sent sensitive credit information and personal identifiers for both Nina and Ashley Owens when she included credit applications in a letter to Antwand Cherry, a.k.a.… Read More

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EDNC: In re Adams- Discharge Violation by Mortgage Servicer following Completion of a Chapter 13 Plan


The Debtors filed a Chapter 13 bankruptcy in 2004, which they successfully completed and received a discharge in 2008.  Shortly before the entry of their discharge, the Bankruptcy Court granted a motion to declare their mortgage, serviced by Ocwen, to be current.  Thereafter, the Debtors attempted to refinance their mortgage, but were refused because Ocwen provided an inaccurate payoff statement and loan history.  After being notified, Ocwen persisted in failing to rectify the error and the Debtors reopened their bankruptcy, seeking to have Ocwen held in contempt.

The bankruptcy court ultimately found Ocwen in contempt, ordered $2,500.00 in compensatory damages, $2,250.00 in attorneys’ fees, lowered the mortgage interest rate to 6% and set the principal balance owed at $65,373.12. … Read More

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