Hey Gang, Got a call today from TU's attorney, he wants me to call him, but, I wasn't available, so, I will give him a call on Tuesday. Maybe they are looking to settle.........LOL!! I will keep everyone posted! bay "Lawsuit against TU 01-30-2003" TU FICO 470 (10-24-2002) TU FICO 678 (01-17-2003)
I'm starting to wonder if the CRA's tailor their responses (settle or go to court) based on the state that you reside in and its' prior judicial record concerning the FCRA (conservative = go to court ; liberal/activist = settle). It seems like plenty of people here have success getting the CRA's to settle. However, when I took Exp. to court (failure to provide procedure request ; failure to investigate ; two counts defamation / loss of credit) the judge had no more reaction to FCRA than to ZXLP. I stuck around and saw a couple other lawsuits that day (vs. Experian and Trans Union) and again the judge seemed not interested at all in the violations that were detailed. Maybe I'll have to sit in on some more lawsuits and report back....or sue TU and Exquifax next. ;-)
Bauhaus, I am sorry to hear that your experience hasn't been a pleasant one. Did you file in small claims or district court? I filed in district court. I chose district court because I have heard that lawyers in some states and counties are NOT allowed which I think is good, but, I also think that filing in district court helped or give the perception that it may have cost them some cash when hiring an attorney and probably could have dragged out. I also gave TU a way out by sending a settlement letter with my lawsuit, but, who knows what the lawyer will throw at me on Tuesday when we speak. I filed the lawsuit for 5k, but, offered 1k and deletions.... bay "Lawsuit against TU 01-30-2003" TU FICO 470 (10-24-2002) TU FICO 678 (01-17-2003)
Thanks dmgirl6, We will see what happens, I was quite surprised when he called...... bay "Lawsuit against TU 01-30-2003 TU FICO 470 (10-24-2002) TU FICO 678 (01-17-2003)
It was small claims. In my state, attorneys aren't allowed in small claims court. The absence of hourly charges in that situation may have been a wet blanket on the offer to settle. Can't wait to hear if you get the $1K/deletions!
bauhaus, thanks for the support, I have a feeling that we are going to settle, I don't care about the money, I just put 1k in there just to make it look like I wanted some small change, my ultimate goal is the DELETIONS!, the strange thing is after viewing my TU report on 01-17-2003 all of the NEGATIVE items I requested in my settlement letter are gone, so, I am QUITE THRILLED........ bay "Lawsuit against TU 01-30-2003" TU FICO 470 (10-24-2002) TU FICO 678 (01-17-2003)
Maybe next time trying making copies of the law summary from the ftc web site etc and present them as evidence and a kinda friend of the court deal. If the judges can see the laws and commentary it may help them understand the case. I think when in a laymans court your complaint must include the law in lay terms to make is simple for the judge ..
Good job Bayrealty. This is how this is supposed to work. By starting with BIG pressure you can gradually back off the closer they get to resolving your issue. By eventually agreeing to settle for the deletion and foresake the money, what CA in their right mind would refuse a deal like that. Again, good job.
Hey Butch, Thanks for the support!. You are exactly right, when I started back in Oct. 2002 I started with a BANG, I wasn't going to let up until things were done MY way and MY terms! Butch, this stuff is addicting.......LOL!! bay P.S. I am going after Experian Next......LOL!! "Lawsuit against TU 01-30-2003" TU FICO 470 (10-24-2002) TU FICO 678 (01-17-2003)
If you settle for deletion I would try to have some sort of clause about reinsertion...You don't want them to delete and next month put it back on with them saying the OC updated.
Hey Bigmon, In my settlement letter I asked them to do that. It was one of my FIRST concerns when I wrote the settlement letter. But, when I speak with the attorney on Tuesday, I will make sure I get that in writing.... bay "Lawsuit against TU 01-30-2003" TU FICO 470 (10-24-2002) TU FICO 678 (01-17-2003)
