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???
KHM, Sorry, I can't help you with any of your questions as I'm kinda new and out here... trying to learn about my own case but I do wish you the best of luck tomorrow....please let us know what happens. Lady
Kel, isn't there any way you can get your hands on those decline letters??? Maybe you could use the inquiries on his credit report and say that these are the ones he was denied credit for or something. Unfortunately, they won't consider him taking time off from work to go to court damages. You might also want to focus on the humiliation. You could mention that something he applied for that was declined was in a store where there was a big line of people behind him and his boss was with him and he was totally humiliated or something to that affect. Just relax...hizzoner and the other attorney may try to make you feel like crap from time to time, but they don't bite. You will be fine!!!! Tell hubby that now is his chance to shine and build him up...make him confident in himself because you are confident in him. Best of luck!!!!!! Keeping my fingers crossed for ya! L
remember you have one thing that they dont the backing of a buzillion creditnnetters go get em girl! if that dont work, call me i give the ca cement boots!
Thanks guys!! Whyspers- I'm gonna go with one of the inquiries and see how that goes. **EDIT** Whyspers- We were denied an apartment cause of this. It WOULD have been $650 a month heat and hot water included, now we pay $806 a month ELECTRIC HEAT NOT included and water and sewerage NOT included. Would THAT be damages? For the newbies out there: I was just going thru all of hubby's old reports (for the case) and when you think it SUUUUUCKS, look at this: Hubby's TU: 8/16/01 12 negatives 1 positive scoreFAKO: 447 TODAY 1 negative 13 positives scoreFAKO: 622 It CAN be done!!!
You (and your husband) will do GREAT! If I have faith in ANYONE, it's you all! Violations are violations and you have them, they are black and white! I'm so proud! Can't wait to hear!
ABSOLUTELY! Add it all up. This is an excellent example of financial damages. Good luck tomorrow Kelly. BTW - Why is it that you're concerned about hubby? ???
Butch- I was concerned about hubby, he wasn't as concerned as I am. We had a "study fest" tonight and he surprised the hell out of me!! If it doesn['t interest him he usually doesn't get it, but when he gets it MAN he gets it! Get it?
Hey Butch- After doing the math there are 8 months between when we got denied for the OTHER apartment and when we got the $806 one. The damages MAY be that we were living with MY parents at the time (his inlaws) and he was forced to live with Mr. & Mrs. Satan for 8 months longer. There's some emotional damages there! 8 months to find an apt. that would take us!! Unfortunately in laws charged us $650 a month, we were moving cause we weren't wanted there anymore, I'm trying to get a hold of my dad to get some sort of statement. Found the old inquiries, he was CONSTANTLY denied!!
