A New Lawsuit!

Discussion in 'Credit Talk' started by uniondiva, Jan 4, 2003.

  1. uniondiva

    uniondiva Well-Known Member

    Last may, I filed a lawsuit against exp for violations of the fcra. I won $ but did not get a clean report, in fact, the court could not order the relief I needed.

    I have faxed exp the information (wrong I know) but they did not correct the report. I asked for a reinvestigation during Chod, which they refused ( previously investigated).

    I will be filing in federal court on January 10, 2003 for money and deletion. I want to buy a house and need to get this score up.

    I will be posting information and soliciting help from the board.

    This is why it is so important that you keep everything! you never know what you might need later on.

    I will be posting a copy of my sample ITS letter by Monday and would appreciate any suggestions on it. I have to file on Friday, because my work schedule will not let me do it before hand.

    Thanks
     
  2. edoggie

    edoggie Well-Known Member

    Uniondiva,

    Did you sue them Pro Se last may ? Are you going to go Pro Se again this time ? Also, can you post an edited version of your complaint so I can see how it's done in Federal Court.

    Thanks
     
  3. uniondiva

    uniondiva Well-Known Member

    when I sued them last may, I sued in my local small claims court . I will be doing a pro se lawsuit in federal court this time..... we can learn together!

    whyspers has her complaint and exhibit posted on www.proselitigant.net . This was very helpful to me , even with my small claims items.
     
  4. pannajune

    pannajune Well-Known Member

    HDAlex - you've got my support! Things need to change. Even if it may seem impossible, at the very least, we should all try. It is certainly worth it.
     
  5. uniondiva

    uniondiva Well-Known Member

    my letter.


    Experian
    475 Anton Blvd.
    Costa Mesa, CA



    Dear sir:

    Your repeated refusal to correct information on my credit report, leave me no recourse but to file a lawsuit against Experian for defamation and violations of the FCRA.

    I have attempted the process of having inaccurate information on my credit report investigated. I even filed a small claims suit against Experian in May 2002. Despite my repeated attempt to correct information contained in my credit file, you have continued to violate my rights.

    Experian is in serious violation of the FCRA. I have documented proof of your continued violations of my rights. I have been constantly frustrated by your failure to correct my credit report. I submitted written proof to Experian of the correct information, and was basically told that it was worthless and would not be considered. This again, violates the FCRA.

    My last hope was the recent request for an investigation. I received my results, in which you basically said that the "item was previously invesigated". I do not understand why you would not investigate an item, when I have submitted proof to your office that the item is incorrect.

    As you can see, I feel I have no other recourse. I have been denied credit, due to this inaccurate reporting.

    I would like to settle this issue without the cost and additional aggravation of a court battle. I would hope that you would do the right thing and resolve this issue now. I would like the account in question deleted (permantly) from my credit file.

    Barring a settlement, I will be filing my lawsuit in district court on Friday, Monday, January 13, 2003.

    I can be reached at (xxx) xxx-xxxx for settlement purposes only.


    Sincerely,


    Uniondiva

    ( please edit this as you see fit..... welcoming any input!)
     
  6. uniondiva

    uniondiva Well-Known Member

    bump
     
  7. tnobles

    tnobles Well-Known Member

    Diva, I can't help you, but all I can say is "YOU GO GIRL!!!!!' You would think the morons would have learned their lesson the first time. IDIOTS!
     
  8. fla-tan

    fla-tan Well-Known Member

    Diva

    Excellant letter. If this deals with the situation that we discussed previously off-board, please let me know and I can provide documentation if needed.


    fla-tan
     
  9. tac14033

    tac14033 Well-Known Member

    Diva,

    This is like deja-vu to me as I am almost in the same situation as you.

    I sued Experian in Small Claims last September and won by default....They never showed up???


    They won't correct information I have proof that is wrong and won't pay me either!!

    It is in the hands of my attorney at this point as I try and collect my judgement.

    I have a really good feeling that in the next several months I will also be representing myself, Pro-Se in Federal Court.

    I am doing my homework now to learn the process and to make sure I can win.

    If we can be of any help to each other please let me know.

    My email is tac14033@yahoo.com


    Thanks!

    Tac
     
  10. KHM

    KHM Well-Known Member

    Diva-
    I think I would take out the "Friday" part :)

    Excellent letter and good luck. BTW_ DId they already pay you for your May win?
     
  11. edoggie

    edoggie Well-Known Member

    Tac,

    Turn your judgement over to GulfState Credit. Let them collect your money from Experian. It should be REAL interesting.
     
  12. uniondiva

    uniondiva Well-Known Member

    thanks all,

    FYI, I had no problem collecting my judgement. Did you send a certified copy of the court order to Carla Blair? I did, recieved a W9 from Experian and then recieved my check in 30 days.
     

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