Ok so court is tomorrow at 1:15pm EST. I'm not petrified about the case itself, I think I have a really good case, I'm just worried about hubby, hopefully he'll surprise me Can someone check to make sure my ducks are in a row? We are suing for FDCPA, FCRA and NH state Act violations: $5000, plus $35 filing fees. 8/18/01 *I* called CA about DH's debt, *I* set up 4 checks (one for 8/18/01) and the other 3 for 9/18, 10/18. 11/18. All checks went thru ok, found CN read that we (more so hubby) has rights (Imagine that!) get our case together... 1/12/02 send a "we will settle offer" also noted we dispute it gave them 10 days they NEVER responded 1/24/02 filed in court 4/7/02 ISH: disputed accounts with TU and EQU (EXP won't let me anymore) 5/7 EQU deleted 5/8 TU deleted. ***WHY WOULD THEY DELETE IF THEY WEREN"T WRONG??*** Violations: 3 post dated checks NEVER received reminder notice(s) (FDCPA) Spoke with me about hubby's TWO different debts (one was 6/99, not our MAIN focus) (FDCPA and NH STATE ACT) Furnishers responsibilty, they NEVER marked in dispute after receiving 1/12/02 dispute, until we disputed it and they deleted. Our proof: 2 of the 4 cancelled checks (all of them say authorized by phone 8/18) I have the 2 bank statements for the other 2 missing checks. I have a letter from another CA in regards to postdated checks a "reminder notice". Letter from OC saying it's paid in full (in case judge doubts whether it was paid) CR's where it SAYS deleted. CR's where it's on there. FDCPA, FCRA, NH State ACT, ME Damages: ???? He's been denied credit but we don't have the denial letters. Just the inquiries showing. I was thinking cause we tried to settle THREE times maybe him missing work???? Our big thing is this same CA has done this TWICE to him (talked to me) how many other people are they doing it to. Any input???
Kellie, You have no damages in the traditional sense. The denials were caused by whatever derogatory info was on the credit report. They were not caused by them talking to you about the debt or failing to send a notice. I think your best bet is to argue they broke the law and should be punished. Don't start with an argument that they can easily refute and actually use to go on offenese against you.
Keepmine- Thank you! I didn't want to go the "they owe me money" route, I want to go "they violated the SAME laws teice with the SAME person" route. Wish me (well hubby) luck!
awwwwwww KHM, You'll be great, no matter the outcome. It's not always about money, it's about principle. Good on you and hubby both, I say. Literal damages or not, standing up and being counted; exposing violators for what they are -- violations of laws that are supposed to protect the consumer and trampling of your rights. Your action will only help the next person who will be treated the same way. Says me. Go Mr. KHM gooooooooooooo, do us proud! Sassy
