EXP ignored intent to sue - Fax?

Discussion in 'Credit Talk' started by laurie33, Jun 14, 2002.

  1. laurie33

    laurie33 Well-Known Member

    They had until today to contact me and hubby regarding their twice verifying incorrect info that I have proof from one of THIER OWN old reports (LOL). I guess I'll end up filing. Does anybody have a fax number for their legal dept. I can fax my complaint to? Just to give them one more chance before actually filing.
     
  2. Christi

    Christi Well-Known Member

    Do a search for Carla Blair and fax it to her...she is close to being the legal department and does file the answers for them when sued.
     
  3. uniondiva

    uniondiva Well-Known Member

    i hope you are ready to file. when you send in at ITS letter, you want to settle of course, but hopefully you are prepared to take the action you detail in your letter.
     
  4. laurie33

    laurie33 Well-Known Member

    Yes, I'm ready to file. I don't see how I can lose considering I have the old reports that prove my claim they are re-aging two charge-offs (assuming it even went to court). I was kind of disappointed they didn't answer considering I sent them copies of my info.

    I'm contemplating though, I know I should have actual damages to show. I just can hardly stand the thought of an inquiry and a denial :-(
     
  5. solzy

    solzy Well-Known Member

    I don't at all agree that you require actual damages to file. You gave them the opportunity, pointed out their error, offered their own evidence, and they ignored you even when you said you would sue them. That sounds like wilful noncompliance to me, ie $100 to $1000 even in the absence of actual damages.

    The notion that an inquiry and an application are necessary to show actual damages is not correct. Actual damages simply must be demonstrated with reasonable particularity. Also, candidly, not getting a credit card isn't really much (if any) "damage." The CE simulator (get rid of the derogs) is probably all you need (eg, even according to them my score would be xxx without the derogs, here's a letter from a mtg broker saying with those scores I would have qualified for a 5% refi on my 8% mortgage, now rates are 6.5%, that 1.5% difference is $xxx damages).
     
  6. laurie33

    laurie33 Well-Known Member

    Solzy, I'm thinking I agree with you on the actual damages. I shouldn't have to show how they damaged me, just their incorrect reporting and refusal to fix it. Plus I could probably use my Cap One card with the ridiculous $200 limit that they wouldn't raise for a year and a half as my damages if I really needed to show something.

    I'm going on vacation this week and trying to promise myself that I'll take a break from thinking of all this credit stuff. (Yeah, right. LOL)
     

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