Legal perspective please..

Discussion in 'Credit Talk' started by susitna, Mar 24, 2002.

  1. susitna

    susitna Well-Known Member

    Yesterday I recieved a response back from equifax regarding some disputes I initiated through their website.

    The first dispute involves a judgment from '98 that I disputed as satisfied, equifax responded by saying they have investigated the item and have found the judgment is not satisified.

    I have the court paperwork showing this item as satisified and this is the second time I have disputed the item.

    The second dispute is with NCO financial systems, Equifax verified the item as mine on 3/19/02, I have a letter from NCO telling me they are deleting the tradeline due to the creditors inability to validate this item as mine. The NCO letter is dated 3/11/02.

    The third dispute is a repo that I disputed as not accurate, in my original letter to equifax, I superimosed the numbers, they responded by saying their is no such account on my CR. I also have a copy of the UDF form from the credit union telling the CRA's to delete.

    I am in no mood to redispute with equifax and at this point I think I have enough violations to file against them.

    My question is, although I have had two denials for credit, I would have a hard time proving that equifax's errors caused this as I have other derogatory info on my CR.

    Should I go after equifax for statutory and punitive damages only or will my lack of actual damages result in the case being thrown out?

    Any help will be appreciated.
     
  2. LKH

    LKH Well-Known Member

    What is your ultimate goal? If you just want deletions, I suggest you fax the letters and udf you have received directly to equifax. It will take 3 - 5 days to have the items removed. I have done it this way and it is no problem.
     
  3. susitna

    susitna Well-Known Member

    My ultimate goal is deletion of all derog's and$1kper violation plus any punitives, but I have no idea how realistic this would be.

    I would most likely settle for full deletion of all derogatory tradelines. My question is how likely would I be able to frame a good case without being able to prove actual damages?
     
  4. uniondiva

    uniondiva Well-Known Member

    as long as the derogatory information contributed to the lower scores used to grant credit, you may have actual damages due to credit denial. I would still file the lawsuit, since these violations are extremely harmful and willfull violations of the FCRA.
     
  5. Hermit5

    Hermit5 Well-Known Member

    I would agree here. If you were denied credit, you have damages. The violations contributed to the lower scores. Maybe you don't get it all, but I think you will get some damages.
     
  6. susitna

    susitna Well-Known Member

    Thanks, I will start writing my complaint tonight and post here for reviews and comments from the experts.

    If any one has any other advice please feel free to post.

    Thanks
     

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