Butch??? Anyone? I'm desperate!!!

Sue them. Who is the OC?

 

may be you can make your down payment on them... sue their asses including CRAs.... make sure you have a solid paper trail...........

 

Hi Bubbles,

Sorry I missed you.

Welcome to the board.


Sorta depends on what kind of account this is too. In any case tho, no OC may simply ignore your requests for info.

You do have numerous violations here, so you can pretty much do whatever you want.

First question then, whatcha wanna do?

Resolve this or sue them? Not everyone wants to pursue legal action, understandable. But of course it may be the only way.

lol

???

..

 

Ok...here we go.

If you want to get this taken care of, you need to get nasty. It has been proven that round after round of disputes will get you nowhere with the CRA and OC in your case.

Do you have copies of the disputes you have filed with the OC and CRAs? That would be very helpful if you did. Also, if you have sent requests for procedures, keep those letters handy as well.

Send a letter to the OC in the following vein--"

Dear Sir/Madam:

I have repeatedly contacted you concerning a account which you have been incorrectly reporting on my credit file since 6/03. Included with this letter are the letters I have sent to you dated xxxx,xxxxx,xxxxx,xxxxx and xxxxx.

This reporting by your company has caused irreparable damage to my reputation, ability to seek credit, and has personally effected my emotional and family life. I will no longer tolerate this deliberate damage which you have inflicted and continue to perpetrate to this very day. I have reported this reprehensible activity to the Better Business Bureau and my State Attorney General.

I hereby demand that you:

1) Immediately remove this tradeline from my account.

2) Provide to me on corporate letterhead a statement that this account is not mine and that I do not currently nor have I ever had an account with your company.

3) Immediately contact all major credit bureaus (Experian, Equifax, and Trans Union) and assure that these accounts are removed from my credit file. I require copies of these letters to be returned to me as well.

4) Provide letters to each and every person who has legally accessed my credit report since 6/03 stating that this derogatory information was improperly reported on my credit file. The list of these inquires are included on the attached page. I require copies of each and every letter sent to these companies.

5) If the above mentioned actions are taken within ten (10) business days from the receipt of this letter I will consider this manner satisfied. If, however you fail to contact me within that time period I will be forced to file a lawsuit in order to obtain relief from your illegal actions. I will seek statutory damages under the FCRA, FDCPA, as well as any and all state regulations. I will seek the maximum amount allowable under these statutes, compensation for legal fees, and punitive damages as a jury may find permissible.

THank you very much for your attention to this serious matter.

You"

draft a letter to the CRA in the same manner. If they don't fix it with this, the only way they will is by the direct order of a judge.

Hope this helps.

 

Hi Bubbles,

As much as I hate to say it there really does come a time where you're out of options.

One thing I've noticed, especially lately, is when we're out of options so many of you guy's are "looking for more options".

Tell me why they should take you seriously at this point?

And then ask yourself, what needs to happen at this point to relieve them of their misconception that you don't have the ovaries to sue their asses?

hmmm?

Some people are thrust into greatness, even against their will. You might be one of em.

Follow Ronda, it's worth a try. But on the 11th day you'll need to get filed, sorry. They just don't care what your problem is until the Sheriff delivers the message.



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Looks like a could case to get some more down payment on that house.

 

bubbles,

what butch said is so true. I was one of those 'thrust' into all this when TeleCheck listed something on my report that was, like in your case, not mine. I wrote and wrote, called, begged and pleaded, and nothing worked. I finally gritted my teeth and sent an ITS, along with all prior, ignored correspondence, highlighted portions of FCRA & FDCPA statutes, precedents, FTC opinion, copies of green cards (dont forget those!) a list of violations and damages, and an amount that I firmly believed I could sue them for, and win.

it worked. not only did i get the TL removed, thereby getting out of paying a bogus $300 debt, (can you believe I almost just paid it to be rid of it?!) but I also received an offer to settle out of court.

Ronda's sample letter is great, and I sort of combined that approach with the tone of LizardKing's approach. its the frustrated 'little guy' who's run into a brick wall, and just hates that he has to file a lawsuit, but its the only way he'll be listened to and taken seriously. Remember...a human being will be reading your letter, and they have the ability to empathize. I really believe that has something to do with it. (just don't go overboard and become a whiner, lol)
here's a link: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=13183

 

sure..those violations are great to recover money on. Also list that they have harmed your ability to gain credit, emotional distress, humiliation, and loss of productivity because of repetitive unanswered complaints.

These tort violations are the guys that will get you the big bucks with punitive damages. You might mention that you will file a FEDERAL law suit in this matter, not just a small claims or state suit. It takes longer and is a bit more expensive but filing Fed improves your chances for a settlement. It is also being ran by judges familiar with the FCRA and FDCPA violations where a state judge may not be. Also mention that you will demand trial by jury. They won't relish the thought of explaining themselves to 12 other people just like you.

 

Bubbles,

OK ... go over here;

Federal Template: Maximum Possible Accuracy!

... copy and paste the template. Then revise it to show excatly what happened in your case. Be as specific as possible. Also keep track of how much time it takes you to do it. Don't worry about cites or case law, we can do that later.

When ya get that done email me and I'll take a look.

ok?



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At least you have received a specific detailed description of what the CRA claims they did to verify.

You might as well proceed assuming that this will go to court, since the appearance that you have your ducks in a row is a strong lever to force either of the CRA or OC to fold. Since a home loan is at stake, potentially significant damages are accruing, which you may need to establish in order to collect any compensation. Build your paper trail, all CRRR. Realize that both CRA and OC will probably try to avoid any liability by pointing at the other, or at you for not doing it right, despite the bad TL not being yours.

You want to establish in writing that both parties knew, or should have known, that their routine responses were not resolving the issue, and thus their procedures to maintain accuracy were clearly not adequate or reasonable. Thus set things up for both to look incompetant by both notifying the CRA of all the requests you have sent to the OC with no response (itemize) to indicate that their "helpful" suggestion putting the ball back in your court was not adequate given the OCs failure to respond, and request both validation details and put the OC on notice that the account may be fraudulent, as suggested by the CRA, to exhaust all excuses the CRA might use. You might also copy the OC the letter from the CRA and your reply to the CRA, and copy the CRA your letter to the OC, along with perhaps your first letter to the OC, to establish that this has gone on long enough. The OC sending only a fraud affidavit, and no account information, is also not an adequate response by them, as you have no information to determine if someone is stealing your identity, or on what basis the account of another was attributed to you.

Since this has already dragged on beyond the usual required response times, push all parties to respond quickly. If they can't fix things fast, it costs you more money, and pushing it into the courts becomes necessary to resolve this.

 

Ontrack is right on.

As soon as Bubbles gets her template done, it will be the beginnings of a lawsuit.

Sending a copy and the "One last chance to correct letter" (ie. LTS) will hopefully do the trick.

If not - lawsuit time.



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