I spoke to the attys for Credit Data Southwest this morning. They say if I will send them a letter detailing each complaint along with any additional info, they will work with me to get these last items deleted. I then spoke to my atty. He basically said to do what I want, but if it was him, he would go for it in Federal court as he believes I have a rock solid case. The credit data atty. tried to make it seem like all the problems were the cause of the creditors. I explained that some were, but others were either neglect or ineptness on the part of Credit Data. So, I guess I need to figure out what to do. On 1 hand, I want these things deleted as fast as possible. On the other, I could go to court, maybe win some damages, and possibly be of future help to others in my position.
Did the CDS attorneys say anything about trying to kick it to federal court? I would advise keeping the power in your hands. If you want to procede to court, you know you have them. If you just want to get the information off of your credit report, I would give them as little information as possible (and hold the rest for trial.)... Acme Credit Acct #124 delete Bogus Trade #2123, Never late. Anything else would drop the power back to them. Don't give them a free shot at discovery. Make 'em work for it. HANG IN THERE!
Hi LKH - I was wondering if it would be possible if you could forward your attorney's info to me as well? I am involved in small claims court currently as well and was hoping for any referrals? My email address is: ender510@yahoo.com. Thanks..
Yes Breeze, I would like feedback. Bkev, they didn't mention anything specifically about federal court, but, he did mention filing for arbitration because of the amount in question. If I'm not mistaken, there is no arbitration in federal court, so maybe the request for transfer was denied? I haven't received anything from the court yet indicating it had been transferred.
I agree with Bkev - I wouldn't really tell them anything in particular - just enough that they can't say your were unco-operative when they tried to straighten it out. And unless I had an immediate specific need to have this deleted right now, I would go to court. The more people who sue them, the better. There is no other way to stop this nonsense. Sooner or later some big shot law firm that wins class actions will take notice and make an example out of one of them.
The lawyer that I was referred to apparently handles these types of cases on a national basis, on contingency. The only problem is I haven't been able to talk to him yet, and certain responses need to be made asap. I did speak with my local atty. again today. He is drooling to have me give him the case. As we spoke a little more in detail about the situation, he had a smirk on his face and I could see dollar signs in his eyes. He kept saying, proceed and you'll be fine. So, I guess I will take everyone's advice. He told me to think about it for a day or 2 and let him know if I want him to take over. I think tomorrow I'll drop everything off at his office and tell him to go for it. He just believes my case is without risk. So, federal court here we come.
They asked for it with their motion to move it out of small claims. I say give them what they asked for. I may be following you over an identity problem of which they have caused me great distress for over 3yrs. My patience has run out. My issues don't even have to do with what's on my report but rather that their negligence has caused a richochet effect due to the selling of information to third parties, Direct Marketing, promotional issues, etc. I've had it!
By the way, the atty for credit data insinuated that all the problems were the result of the creditors, not credit data, which is a crock. The account that was deleted and then reinserted, that I asked numerous times for proof of certification from the creditor, and they couldn't find anything, well now the atty says they all of a sudden found the proof. What a crock of @%$#^.
For civil cases, court level does not matter... both sides can enter into a binding arbitration if they wish. Many new terms for credit cards require it. Because there is no agreement between you and the CRA I would think you would have to approve sending the case to arbitration.... which from my understanding the greatly reduces the damage rewards vs. a jury case.
