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    Guest started a topic can I sue creditor for reporting to a collection agency

    can I sue creditor for reporting to a collection agency

    half a year ago I rented a U-haul truck, bought the damage waiver with
    it, and caused $450 worth of damage to the truck, non-wilfully. Uhaul
    charged my credit card $450 refusing to have the damage waiver pay fr
    it. I got $450 back from my cc company. The charge ended up with a
    collection agency and shows up on my credit report. I disupted this
    with Uhaul, with BBB, and with Experian, and U-haul kepttheir grounds.

    Can I sue Uhaul in small claims for damaging my credit? I aven't
    applied for any credit since then. I only was refused an apartment
    rental (I can't prove that it was due to that $450 balance).


  • X
    replied
    can I sue creditor for reporting to a collection agency

    In article <[email protected]>,
    [email protected] wrote:
    half a year ago I rented a U-haul truck, bought the damage waiver with it, and caused $450 worth of damage to the truck, non-wilfully. Uhaul charged my credit card $450 refusing to have the damage waiver pay fr it. I got $450 back from my cc company. The charge ended up with a collection agency and shows up on my credit report. I disupted this with Uhaul, with BBB, and with Experian, and U-haul kepttheir grounds. Can I sue Uhaul in small claims for damaging my credit? I aven't applied for any credit since then. I only was refused an apartment rental (I can't prove that it was due to that $450 balance).
    You'd have to show actual damages to recover something. It's not enough
    to say something happened - you have to show you were hurt by it.

    Leave a comment:


  • David S Chesler
    replied
    can I sue creditor for reporting to a collection agency

    OP is in a dispute with U-Haul over a chargeback for damage to the
    rented truck, on the basis that the damage was not willful and he took
    the damage waiver.

    By any chance was the non-willful damage caused by driving under
    something with less clearance than the truck has height? Last time I
    read a U-Haul contract they were awfully picky about that kind of
    negligence.

    On the other hand, is there anything in the credit card agreement that
    binds a merchant such that a successful chargeback (and
    congratulations, I've had a lot of trouble getting anything charged
    off) precludes the merchant from collecting the debt outside of the
    credit card (that is, functions as a sort of arbitration) ? If there
    is, OP's case seems strong; but it wouldn't surprise me if the opposite
    is true and the two are orthogonal.

    At that point it comes to "Foo says I owe him money, I dispute that I
    owe the money to Foo, and they reported me to (a|all the) consumer
    credit reporting agency (ies) -- what are my recourses?"

    --
    - David Chesler <[email protected]>
    Iacta alea est

    Leave a comment:


  • Stuart Bronstein
    replied
    can I sue creditor for reporting to a collection agency

    [email protected] wrote:
    half a year ago I rented a U-haul truck, bought the damage waiver with it, and caused $450 worth of damage to the truck, non-wilfully. Uhaul charged my credit card $450 refusing to have the damage waiver pay fr it. I got $450 back from my cc company. The charge ended up with a collection agency and shows up on my credit report. I disupted this with Uhaul, with BBB, and with Experian, and U-haul kepttheir grounds. Can I sue Uhaul in small claims for damaging my credit? I aven't applied for any credit since then. I only was refused an apartment rental (I can't prove that it was due to that $450 balance).
    You can sue them essentially for defamation. Small claims court may
    not be the best place to go because your actual monetary damages will
    be difficult to prove.

    Stu

    Leave a comment:


  • Seth Breidbart
    replied
    can I sue creditor for reporting to a collection agency

    In article <[email protected]>,
    <[email protected]> wrote:
    half a year ago I rented a U-haul truck, bought the damage waiver withit, and caused $450 worth of damage to the truck, non-wilfully. Uhaulcharged my credit card $450 refusing to have the damage waiver pay frit. I got $450 back from my cc company. The charge ended up with acollection agency and shows up on my credit report. I disupted thiswith Uhaul, with BBB, and with Experian, and U-haul kepttheir grounds.Can I sue Uhaul in small claims for damaging my credit?
    Yes. There's no guarantee you'll win, but you can certainly sue.

    You don't say which state that happened in, but you might also try
    reporting them to the state Insurance Commission; some states consider
    the damage "waiver" to be insurance and regulate it as insurance.
    Some states have triple damages for insurance companies that refuse to
    pay in bad faith.

    Seth

    Leave a comment:

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