up to you where to file. If you have an atty, you may wish to ask that they act as "atty of record" on the complaint... the atty can defer calls to you and tell the bureau to discuss the case with you... but they might take it more seriously if atty fees might accrue... just a thought.
Attorney's fees: If you start out pro se, instead of requesting attorneys fees, request "attorneys fees in the event Plaintiff retains an attorney during the pendency of this action". This way you won't have to amend the Complaint or be out attorney fees if you get so far and then feel like you can't handle the rest of the case on your own. L
Marie - thanks for your wisdom on this! I will let peopoe know how things go.. I should know within the next two months..
I know I am pulling this post out of the attic and dusting it off; however, it was a great thread! I am in the process of getting my documentation together for a suit against TU. Marie, I did exactly what you suggested: Violation #1 put an item in dispute, pulled a report 3 times in the 30 day cycle & it was never noted as "in dispute." Violation #2 (I hope) asked for procedures for EVERY item in dispute at the time I filed it. I received the basic form letter from them that gave me every name and address for every creditor on my report including inquiries. It was about 5 pages long. I can't believe that their outdated address book would suffice as a description of procedures used in their investigation. Does it? Violation #3 - Asked for the procedures at the end of the dispute as well. Got another form letter identical to the first with addresses and nothing else. Violation #4 - Included in my dispute were some inquiries. Got the form letter we are all so familiar with "inquiries are in fact made blah blah blah." Violation #5 - This is an absolute screw up on TU's part. I am not really sure what part of the FCRA they violated. I put 3 items into dispute on March 26th. On April 23rd, I faxed them a letter requesting the description of the procedures used in their investigation of these 3 accounts. I got a letter from TU stating "we received additional evidence regarding this investigation (the one beginning March 26th) because of this, we get 15 more days to work on our investigation." What? I asked for your procedures. I didn't supply additional information! So, the fifteen day clock was running through May 8th. I didn't know this happened until May 2nd. Violation #6 - Not knowing about the additional 15 days yet, I filed my dispute to document every step of the investigation to build my case. It was on the same 3 accounts as the March 26th investigation had been. TU never started that investigation because the accounts were still under the EXTENDED 15 days from the prior investigation. They ignored that dispute totally. Amazing but true, they "verified" all 3 accounts when none of the other 2 CRA's were able to do that. I emailed Don Richman with my concerns. He sent me a copy of my TU report and a letter stating that he was certain that TU had complied with the FCRA across the board. Any ideas/suggestions on Violation #5 & #6? I would appreciate any help! Lisa
Re: TU old system makes FCRA violat yes, yes, yes, it is very helpful. Getting ready to file ITS letter and suit. I will add this info to the violations I already have.
