lizardking's complaint letter?

Search for Sears lawsuit. It should come up under that if that's the one you are looking for.


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I just posted it for you... Still don't know how to really post a link on here. Hope this is what you were looking for:


My lawsuit against Sears (long)



Lizardking | 2470 posts since Feb 2001
65.35.155.229 | 01.28.2002 @ 18:11





(comments welcome)

COMPLAINT

STATEMENT OF FACTS

COMES NOW (our names), who do hereby file this Complaint for damages in excess of
$15,000 and state as follows:

1) Plaintiffs, (our names), are residents of Hillsborough County Florida.

2) Defendant, Sears, Roebuck & Co., is a company that does business in all 50 US states and
Canada.

3) Defendant, Sears National Bank, is a subsidiary of Sears, Roebuck & Co. that issues Sears
charge cards in all 50 US states.

4) The contract between the Plaintiffs and Defendants was signed in the state of Florida
granting the Circuit Court for Hillsborough County jurisdiction.

5) In March of 2001, Plaintiffs discovered an error from Sears Card on the credit report of (my
wife's name)

6) Plaintiffs disputed the error to Sears Card through the standard dispute process outlined by
Sears Card.

7) On July 16th, 2001, the Sears Fraud Investigations department issued a letter, attached
as Exhibit A, acknowledging that the charges were unauthorized.

8) In the letter, Exhibit A, the Defendants informed the Plaintiffs that Experian, Trans Union
and Credit Bureau Inc would be notified to remove any delinquent status on the credit report of
(my wife's name)

9) On January 26th, 2002, Plaintiffs attempted to lease a car for (my wife's name)

10) Plaintiffs were informed by the finance manager of the auto dealership that the Equifax /
FICO credit score for (my wife's name) is 611, which is very low and not eligible for financing.

11) Plaintiffs were informed by three separate auto dealerships that all auto dealerships in our
region use Equifax and the FICO score for judging credit worthiness on auto financing.

12) Plaintiff, (my name) was forced to take on the obligation of the auto lease due to the
inaccurate credit score of (my wife's name).

13) On January 26th, 2002, Plaintiffs used the internet to get the Equifax credit report and
FICO score for (my wife's name).

14) The current Equifax credit report lists one delinquent account for (my wife's name) from
Sears.

15) The credit score for (my wife's name) lists the top three reasons for the low FICO credit
score of 611.

16) From the credit report explaining the low score, The First Reason Code: 39 â??Serious
Delinquencyâ?

17) From the credit report explaining the low score, The Second Reason Code: 34 â??Amount
owed on delinquent accountsâ?.

18) From the credit report explaining the low score, The Third Reason Code: 13 Time since
delinquency is too recent or unknown.

19) The Equifax credit report of (my wife's name), dated January 26, 2002, lists no other
negative accounts except the delinquent account reported by Sears. All other accounts are
rated with an R1, I1, or R0 status, which means that all other accounts are paid on time with
no late payments or are deferred student loans that are unrated accounts.

20) Experian is a competing credit reporting agency similar to Equifax.

21) On January 27th, 2002, Plaintiffs received an internet copy of the Experian credit report
and credit score for (my wife's name).

22) The Experian credit score on January 27, 2002 for (my wife's name), was 732, which is a
very good score that would easily qualify for financing with most creditors. The Experian score
of 732 is 121 points higher than the Equifax FICO score. The only difference between the
reports is that Experian does not report the Sears account as delinquent.

COUNT I â?? VIOLATION OF THE FAIR CREDIT REPORTING ACT

23) Plaintiffs re-allege the allegations set forth in Paragraphs 1 through 22 hereinabove.

24) According to the Fair Credit Reporting Act, section 623. Responsibilities of furnishers of
information to consumer reporting agencies [15 U.S.C. § 1681s-2], (a) Duty of furnishers of
information to provide accurate information. (1) Prohibition. (A) Reporting information with
actual knowledge of errors. A person shall not furnish any information relating to a consumer
to any consumer reporting agency if the person knows or consciously avoids knowing that the
information is inaccurate. (B) Reporting information after notice and confirmation of errors. A
person shall not furnish information relating to a consumer to any consumer reporting agency
if (i) the person has been notified by the consumer, at the address specified by the person for
such notices, that specific information is inaccurate.

25) On July 16th, 2001, the Sears Fraud Investigations department issued a letter, attached
as Exhibit A, acknowledging that the charges were unauthorized.

26) Plaintiff, (my wife's name) Equifax credit report, dated January 26, 2002, shows a trade
line with inaccurate information listed by Defendants.

27) According to the Fair Credit Reporting Act, 616. Civil liability for willful noncompliance
[15 U.S.C. § 1681n], (a) In general. Any person who willfully fails to comply with any
requirement imposed under this title with respect to any consumer is liable to that consumer
in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a
result of the failure or damages of not less than $100 and not more than $1,000, (2) such
amount of punitive damages as the court may allow; and (3) in the case of any successful
action to enforce any liability under this section, the costs of the action together with
reasonable attorney's fees as determined by the court.

THEREFORE Plaintiffs request judgment against Defendants for damages of $1,000 plus
costs and fees and respectfully ask this Court for leave to move for punitive damages.

Plaintiffs request a jury trial.

COUNT II â?? VIOLATION OF THE FAIR CREDIT REPORTING ACT

28) Plaintiffs re-allege the allegations set forth in Paragraphs 1 through 27 hereinabove.

29) According to section 623. Responsibilities of furnishers of information to consumer
reporting agencies [15 U.S.C. § 1681s-2] of the Fair Credit Reporting Act, (a) Duties of
furnishers of information to provide accurate information. (3) Duty to provide notice of dispute.
If the completeness or accuracy of any information furnished by any person to any consumer
reporting agency is disputed to such person by a consumer, the person may not furnish the
information to any consumer reporting agency without notice that such information is disputed
by the consumer

30) The Equifax credit report dated January 26th, 2002, of Plaintiff, (my wife's name), does
not show that the delinquent account is disputed.

31) According to the Fair Credit Reporting Act, 616. Civil liability for willful noncompliance
[15 U.S.C. § 1681n], (a) In general. Any person who willfully fails to comply with any
requirement imposed under this title with respect to any consumer is liable to that consumer
in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a
result of the failure or damages of not less than $100 and not more than $1,000, (2) such
amount of punitive damages as the court may allow; and (3) in the case of any successful
action to enforce any liability under this section, the costs of the action together with
reasonable attorney's fees as determined by the court.

THEREFORE Plaintiffs request judgment against Defendants for damages of $1,000 plus
costs and fees and respectfully ask this Court for leave to move for punitive damages.

Plaintiffs request a jury trial.

FURTHER, sayeth naught.

Lizardking

"If you make a man a fire, he will be warm for a day.
If you set a man on fire, he will be warm for the rest of his life."