Can you sue a credit card company for false bad credit mark??

[DarkStorm]

What is the name of your state?CO

Can a negative mark on your credit which you have repeatedly provided evidence to the creditors to be false be considered character defamation or some legal equivalent of slander? I have been denied credit and a home refinance as a result of this companies continued stalling over a period of 3 years. I am currently being sued by a collection agency for a debt I have compelling proof is a simple billing error.

 

[cmorris]

What proof do you have? How did you send your proof?

Need more details!

 

[DarkStorm]

I took out a second mortgage on my house to consolidate 3 credit cards into a single payment. I have the letter the bank sent to the credit card company which indicated this was a 'final payoff' and the cashed bank check. I had no idea this was still a debt until I tried to refinance my house a year later. I sent this collection agency via fax a copy of the letter and the bank check. They said this seemed to be an internal billing issue and that it would be resolved. I received calls from different collection agencies to whom I forwarded the same information via fax. Now I am being sued for this debt, almost 4 years of fighting it later, and I want to know if I have a valid counter suit for character defamation or slander. I think I can prove real damages in that I have not been able to refinance my house to take advantage of lower interest rates as a result of this negative mark. Those are real damages; I want to know if slander or defamation claim on top of it.

Thanks for any assistance that can be rendered!

 

[cmorris]

How are you going to prove they received the fax? This is the very reason why certified mail, return receipt is so important.

You should be able to win the case. If you have proof they received everything (I don't know how you would), file a countersuit.

 

[DarkStorm]

You are right I have no proof other than the fact I had the bank fax the information when these collection agents requested it rather than doing it myself. I have asked the bank representatives involved if they would testify to this and they have agreed. It may add some weight to the case...

Question still remains if this is a form of defamation or if I should soley focus on the actual damage caused through not being able to secure a lower interest line of credit.

 

[cmorris]

If you can't prove you disputed the information, you have no case (IMO). However, you might just get lucky if the bank will actually send someone to court.

 

[DarkStorm]

I agree but I believe I can prove dispute.

I can prove that the attempts between collections stopped for 6 months to a year after the bank faxed them this proof of payment. This most recent company is the only one that has taken the next step and entered into the legal arena. I have asked the bank reps that I have delt with if they will testify to what they know and they have agreed to do so. I know its not out of the kindness of their hearts but the fact they may be partially liable for any action taken against me for a debt that they were contracted to pay in full. I think I have my banks full cooperation and they will indicate they have sent proof of payment to three different agencies during this 4 year issue.