I know someone who sent an intention to sue to TU's counsel... who sent it to TU's in house paralegal, who had the items deleted and gave $500 for damages. You have a good chance of deletions... and I would ask for 1k and settle for $500 without filing...and I think you could get this by sending the letters to the right people and following up with phone calls... If you file, I'd settle for only 1k... but then again, that's my risk tolerance. I love to argue my own stuff when I can... when it's too big, I now hire attys... they're worth it when you lose a mortgage, a good property, a great deal on a car... spend 1 point higher on the mortgage you do get... You do have a case, and it'd cost TU more than $500 to defend it whether they win or not. Tu seems very adverse to going to court... Equifax will go to court... Experian's in the middle. They seem to have different risk tolerances... Of course, TU has been beaten up pretty badly. Wenger v TU (even Cousin v TU which was eventually overturned must have given them heartburn over a 4Million+ punitive verdict...) I think TU settles more because they have the most antiquated database out there. They don't even mark the items as "in dispute"... I mean, seriously, with that kind of issue on every dispute filed, how can they even be a national bureau????? that's my opinion: do what you want ))
Oh... I wouldn't even discuss actual damages with them... just their violations. It's definitely enough for full deletions...... they may try to appear as though they'll "investigate it again"... of course, if they then delete it is further proof they should have deleted previously... but I wouldn't say that until they delete... then once they've deleted... finish it up by discussing what size check they'll be sending you...
Oh for God's sake, Sassy. I am sitting her laughing at my computer! This whole situation just intimidates me to no end. I don't know about the rest of us on this board, but I certainly feel embarrassed about being in this situation with my credit. It rears its ugly head in confrontations. I just have to put aside the shame and embarrassment and focus on the facts. They don't do the job they are paid or required by law to do. I shouldn't be further penalized for their disregard for my rights. I loved Marie's quote "how can they call themselves a national bureau." Exactly! I think I am going to send them an "intent to sue" letter and see what happens. By the time I am forced to forget it or file, I hope you will be there with another cheer! Lisa
Like I said, Marie, I'm not in it for the money. I want those deletions! My perspective tells me that deletions don't cost them anything. If faced with bona fide violations, surely they would rather just delete them than entertain the idea of a lawsuit or a voluntary settlement payment. Then again, what do I know? Those CRA's are able to perform magic! Here is an example of their miraculous powers! Experian was able to verify an account, that never existed, with a company that has vanished off the face of the earth, turned off all phones and faxes, and vacated their corporate headquarters with no forwarding address. The Post Office can't find them. The BBB can't find them. I know this because I drove by the address Experian gave me! In my letter, asking for the procedures used in their investigation, I tried to show them the atrocity of the situation. Here is the last paragraph of my letter: "I would really like to know how you were able to verify this non-existent account. You must know something that lots of people don't. While I was trying to get to the bottom of this mess, I learned that the United States Postal Service, the Better Business Bureau, the Chamber of Commerce, and the Attorney General of the State of Texas don't know where they went. Amazingly, it took you just 12 days to find this company and verify this account. The Attorney General has been looking for them for almost 3 years without much luck. So, as a courtesy, maybe you could pass on the info to the Attorney General. He is a really busy guy and any shortcuts you could give him would be most appreciated! I sent it to Experian. I haven't heard anything from them yet, but that account was mysteriosly deleted this morning when I checked Credit Expert!
Sweetie, that's just called lying. period. take a picture of the address they say the company is at... draw up a demand letter... quote the violations and the appropriate sections of the fcra... and see what they do. send copies of the docs the post office and BBB gave you that no company exists... Hey, can you ask your secretary of state when they went out of business... ask for it in writing... oh, they'll delete. that's easy. if you had other issues that they didn't do properly, they can normally go too unless the creditor makes a HUGE stink... if they do, demand money. Start demanding money too... after all, nobody wants to feel like they rolled over... even a cra will want to feel like they made you compromise. anyway, if you want actual damages apply for something local. a bank loan would do... get the denial letter from the manager with reasons... they may try to intimidate you. they may play on your embarassment... but that one is cut and dry.no business=cra fraud. I wish we could file criminal charges.
by the way, on the money issue. it's not that you want it, it's that they deserve to be punished. only when it costs them more when they're lying will they change their policy and actually verify everything properly... or at least try to. Ask for money from each. 1k is customary. If experian's are especially, get 2k or so. that's pretty normal from them. if you don't want it... then get it from these lying large companies and give it all to your favorite charity. I recommend giving 10 percent of what you earn to charity anyway
awwwwwwww lisa, I find them intimidating and feel embarassed and shameful as well AND I'm working on 40 so those backflips aren't as easy as they used to be ;-). The truth is though, we've been victimized by a broken system that takes a lot of research, time, effort and sheer tenacity to fix, that's not right. Having had an outstanding bill; however, doesn't make me a criminal. Had I robbed a bank and gone to jail to take care of my bills, the penalties would have been shorter than the time we're held credit hostage, even after having done the right thing! I've grieved and paid for my mistakes over and over again, now I have to do the same to have correct records that should have been a given all along. Truly, had I ever as an employee performed as the CRA's and CA's do, I'd have been fired and fired again. The last place I want to end up is in a court room, I just want correct reports. That's part of the lesson that goes with having lived and experienced the credit nightmare though, following up and following through. You've been held accountable for your actions as I have, it's time for the CRA's and CA's to do the same and I'm sure you've better records and could jump hurdles around and over those forcing you to play the credit game, in or out of a court room. I guess that's the difference, we do the right thing, try and try again to get the companies to do the right thing, we play by the rules, they make them up as they go along -- shame and embarassment, we feel that because we're moral people. Let's pass on the shame and embarassment to its rightful owners, the CRA's and CA's, and YES I'll do another backflip and a cheer! Sassy
Marie - thanks for your response in detail. I will follow every step that you suggested.. let me give you some additional information i left out. I have ALREADY applied for many credit cards before when my EXP was cleaned.. and was REJECTED when some creditors checked TU. So I have about 5-7 letters of DECLINE letters because they checked TU and it states that. My argument when I go to court is that the other two CRA's complied but TU still refuses to delete these inaccuracies. PLUS I have 2/3 of the letters I need from the listings themselves stating that they have put in a request for the CRA's to delete. I already have a printout of the date and when I did the disputes online. Next, I will send a letter disputing ALL the same negative tradelines again and send certified RRR and do as you suggested. I will wait for them to violate the 30 days again (as they have done online already). In this letter, I will do the procedural request as well on the same letter. I will rack up another violation when its not marked 'in dispute' either. I don't wish to settle unless I get paid a MINIMUM of $3000 PLUS all deletions. Can I go to circuit court? To give you background, I already went to court against TU and lost in court because the judge basically said that you can't shoot the messenger.. anyhow, thats why I went and got all these letters from the creditors/CA's requesting deletion. For the ones I DON'T have letters, these entries were READDED on there without the CRA letting me know within 5 day limit.. so thats a violation too. As for actual damages, how can i prove this besides 'loss of opportunity'? Any monetary ways? Also - is it $1000 per violation or is it a total of $1000? My desires are: 1) to get a minimal cash settlement of $3000 2) to get all negative entries off I am definitely flexible with the $3k, but I really am out to get that arrogant bastard at TU AND get money out.. Anyhow, thoughts? =)
BTW, what i mean when the 2 other CRA's complied is that my other two reports are 100% CLEAN except 1 judgement on one of them.. but I am in the process of disoputing and also trying to vacate that as well. if it comes up in court, I can always explain that the CRA's don't have to have the same exact information..
Ender, Is there a link to details on the "don't shoot the messenger" ruling, I'm curious about that. Sassy
No, I just got an unsympathetic judge that day.. I DID win against 2 other CRA's however on another day..
Hi Ender I have really limited computer time which is why it's taking me longer to reply Next week will be better. I don't know the specifics of if you filed against Tu already and lost the case... if you can file on those same issues. I don't think you can. However, we are also listing new issues... and on those you should be able to do that :_) You can file in magistrate, state, or US District court. However, I would always take an atty into US District. They'll hold you to the same std as an atty in district and so you likely don't want to go in yourself. the fcra states something like "appropriate" court... anyway, I forget which state you're in... but if it's Texas or Louisiana I have a good lawyer I can refer you to
In US Disctrict Court, they are fairly lenient on pro se plaintiff's. According to Federal Rule of Civil Procedure 15, they freely grant leave to amend a complaint so if you mess up and don't state your cause of action, or later find out that you had a cause of action that you didn't include, you can file an amendment. I mean, you have to do your own work and they won't appoint an attorney, but they aren't going to hang you if you make a mistake...lol. Also, some US District Courts have pro se attorneys on staff. We have one here and while she can't give legal advice, she can explain the steps and what comes next and tell you what something means. I plan on calling her if I ever get past my comfort level. Its initially intimidating to file in any court, IMHO, but after researching, I decided that US District Court was the best option for me. For one thing, the CRAs have a tendency to bump it up to state or federal court anyway. I think that is their first attempt at intimidation...lol. I figure I'll save them that step and then won't be caught off guard by thinking I'm going to present my case in small claims and end up standing in front of a judge or jury in US District Court...lol. It is more expensive, but if you really have a case, often times the settlement will include filing fees and the fee for service of process. Anyway...I guess everyone has to do what they are comfortable with, but if federal court is the best option for you, don't be scared off by thinking you have to know everything an attorney would know. L
For backtground Marie, I filed in small claims last time.. and when I did research, the case doesn't say prejudice one way or another.. so I am assuming I can file again. Plus like you said, I have more reasons.. I am in CA btw. If I file in small claims, I will go ALL the way with it.. willing to go to court and battle and collect $$$. If I go district, pro se - then I hope they settle with me before it gets that far and I get paid $3k with all deletions.. Now in small claims, a 'manager' showed up because attornies are not allowed to go.. so perhaps if I go the distrct route, then I may get more power? Thoughts?
actually... you can reference a different report date, different balances etc... so the trade line is different just b/c of time passing likely... then I'd change/ add the reasons if it's the same accounts as before that are screwed up... then I'd add the famous TU doesn't put "in dispute" while in dispute (get a copy while the dispute is running if you can... better to get a lender to see no disputes) You know what to do by now. good luck
Okay, how about this.. where should I file? Should I file in: 1) small claims, willing to go all the way confident becaues I did it before and won already.. and have strong arguments and can talk normally. Con is that same bastard might show up.. but I can rub it in his face this time... OR 2) try and collect more money, collect damages, but willing to settle out of court? It would definitely be much easier for me to file in small claims.. Also, how can I use the letters of rejection from credit cards as 'monetary value' ? Lost opportunity? I have about 6-8 letters stating specifically that it was TU's fault I didn't get the card.. My biggest argument is giong to be that TU stil refuses to comply with the law and delete these negatives.. I've given them ALL opportunities AND this is the SECOND Time I am in court regarding these issues!! I want $$$ and deletions now.. Anyhow, thoughts? =)
