I'm suing...whyspers, marie etc help I want to sue over unauthorized inquiries. I have had it up to my ears trying to explain to the cra's that I did not authorize these inquiries and no one is listening. Now I want to sue and I need help with strategy. I have no idea where to start since I have not ever filed a lawsuit before. Please help. I have been trying to search the board but I need a solid starting point.
I am so sorry. I did not mean I was suing whyspers and marie I meant I am suing and I need their help. Let me try to ammend the subject line.
Have you seen this thread? Lizardking is working on an inquiry lawsuit. I know it is not exactly what you need, but it might help. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=183358#post183358
Re: I'm suing...whyspers, marie etc help LMBO, Kiyi...I was wondering the same thing...wondered why we were getting sued Robin, I would do this as a simple "refusal to investigate". I don't know what court you intend to file in, but if you are going small claims, Lizardking, Marie and Doc probably could help you. If you want to file in US District...email me and I'll help all I can. They are going to be hearing a lot about inquiries, I'm afraid...lol. I have about 12 now on Experian, and plan to make them go poof as part of any settlement with Experian. I'm really going to play up that part of it so it becomes just as important as the other issues. Good luck, Robin! L
Re: I'm suing...whyspers, marie etc help whyspers: Please educate me. What is the difference between the two courts. How will filing in one or the other effect my suit. Also, I wanted to go after both the creditor who pulled the inquiry without any permissable purpose and the cra. My fear is that I don't have much of a case against the creditor who pulled the report becasue they can simply say someone may not have been you used your info to apply fo credit so we checked. What were we supposed to do? Then where does that leave me?
Re: I'm suing...whyspers, marie etc help BTW Robin, I am filing my own suit against MBNA on Friday for unauthorized inquiry. I would like to know the pros/cons of filing in US District court as well, Whyspers.
Re: I'm suing...whyspers, marie etc help If oyu don't mind how much can you sue for this kind of thing? I wanted to go after them really hard but I'm also wondering how I can prove they did not have a permissable purpose. For one thing say a credit card was applied for over the internet with my information how would they know it wasn't me and why wouldn't they pull the credit. But I still think that it is wroung that I should be penalized for their error.
Re: I'm suing...whyspers, marie etc help My case is a little different. I sent them a validation letter and they pulled my credit. When I asked what the permissible purpose was, they said "to see what we were reporting." They admitted that they iniated the inquiry without my consent. They were just arrogant enough to think that they would get away with it. I am no legal scholar, but it would seem to me that they would have to prove that you initiated it. If not you, someone else. This could be in the form of an application signed or over the internet. They should be able to provide this. If not, they won't be able to prove it in court either. I don't know. From what I hear, it all depends on the competence of the judge overhearing your case. Good luck. Let us know how it goes!
Re: I'm suing...whyspers, marie etc help From what I gathered from doing my own homework and talking with my lawyer and the small claims judge is this...In small claims court at least in PA., you can only sue for money. The small claims judge cannot force anyone to do anything other then pay you if you win, in other words they cannot make a CRA, CA or Creditor remove or delete information. The limit in PA small claims is $8000.00. You might also run into the problem of the small claims court not wanting to take on your lawsuit with the CA,CRA or Creditor under federal law because the judge may not think he has jursidiction to hear it. You would have to prove otherwise to him. If you file in Federal court there is alot more you can do. It will cost alot more money to file, the paperwork is not for a newbie to fill out, you will need to know civil procedures such as discovery, filing motions etc... and know how to represent your case in front of a real judge. Most people do not represent themselves in Federal Court as opposed to small claims court. The good thing about federal court is that the judge can issue an order to make them remove or delete information as well as real $$$ damages! Good Luck! Tac
Re: I'm suing...whyspers, marie etc help Can someone give me the link for christine at bayhouse. I have tried www.bayhouse.com and clicking on some of the links in the old threads and nothing works.
Re: I'm suing...whyspers, marie etc help Actually, as you can sue for permanent injunction and removal of all info...after all, without that, what remedy at law is there to keep the damages from continuing to occur... Robin, I posted on this elsewhere. and if you sue me, I'll counter sue
Re: I'm suing...whyspers, marie etc help From what I understand, small claims is more "user friendly" and what you can get for damages is different between the courts. In small claims, I think you just appear the one time and that's it. In federal court, you might have to appear several times for various hearings, motions, etc. if it gets that far. A lot of people here swear by small claims and have had lots of luck by filing there. I know Marie has suggested always taking a lawyer into federal court...which is probably good advice, but you can do it yourself if you prefer to go that way. I personally think it gets their attention because they have to find an attorney where with small claims, apparently they send a manager. I know Experian has to be paying $500 an hour for the attorneys they hired to represent them in my case...lol. L
Re: I'm suing...whyspers, marie etc help Whyspers is my hero. I can hear them now. "Hey you guy's it's that whyspers again, THE litigant FROM HELL".
Re: I'm suing...whyspers, marie etc help LMBO...except I'm too easy. As long as it includes what I want, I'll settle for anything...lol. Not this time, though. This time I want money for all my trouble. L
Re: I'm suing...whyspers, marie etc help Yes. In the case of EQ, they sent a guy named Maynard Bryant to my small claims hearing. Maynard Bryant Supervisor - Office of Consumer Affairs, Equifax (404) 745-7941
Re: I'm suing...whyspers, marie etc help And just what does Maynard Bryant have to say for himself? You say "They violated my rights under FCRA section X by doing ____. Here is my 6 inch stack of documentation to prove their violations." What does he say? Does he just stand there and give the judge their policy regarding your complaint?
