Originally Posted by
Gig103
Gary, what about the fact that because the loan was transferred effective Dec 1, RESPA should have prevented any delinquencies from being reported for 60 days. Does that change the scenario for a CFPB complaint?
Actually, per your wording, you may have a cause of action under 12 U.S.C. § 2605(d). The problem is you may have difficulty proving damages.
FCRA is a stronger law than RESPA. For a RESPA violation, if prevails, you may be awarded to your actual damage with the potential of $2,000 additional damages. However, no punitive damages is available. On the other hands, for a willful FCRA violation, even without actual damages, a prevailing consumer can be awarded for $100-$1,000 statutory damages with the potential punitive damages.
In term of CFPB, my comment is don't bother. CFPB's purpose is not to look out for consumers. It has its own agenda against the industry. I concede that many have successes with CFPB complaints. But still it does not change the fact that when you need CFPB the most, CFPB is always the one lacking action.
In my opinion, follow the proper procedures of FCRA and/or RESPA and see how things turn out. FWIW - if CFPB or its predecessor, FTC, can be helpful, the Congress will not authorize private cause of action in these matters.
Originally Posted by
Gig103
Thanks for the cite for our entitlement to a notice of deletion. For what it's worth, customer service at both loan servicing facilities say they do not see any reported delinquencies to the bureaus, which makes it a pretty slam dunk 'error' by the CBs, so I just have to wait out the month that they say disputes may take. That does put us past the offer from Amex though, so I may recommend she apply on the last day to try. Once fixed and that letter is in hand, If it comes down to it, I would love for Amex to extend the 100k offer again but I don't see that happening.
Don't believe your servicers. If they can't see it, then who the hell reported the delinquency? Following the proper procedures to get that removed is the key.
The AMEX offer is out of everyone's hand. But at least, with a notice of deletion, I would assume that AMEX will look things differently.