August 6, 2001 Trans Union P.O.Box 2000 Chester, Pa.19022-2000 Dear Sir or Madam: Enclosed is a copy of a lawsuit I intend to file if an amicalble agreement cannot be reached. In your response letter to me dated July 27, 2001, you state you verified certain accounts in my credit file. You then listed the names, addresses and phone numbers of those creditors. After receipt of your letter I contacted those creditors at the phone numbers you claim to have used. I have documented proof from 1 creditor that no one from Trans Union has ever contacted them to verify my account either by phone or by mail. You have deleted this account claiming it could not be verified. Another account you listed an address and phone number for could not have been verified in any shape or form as the address given is not for that creditor and the phone number you listed is disconnected and was never that creditors phone number in the first place. These are all violations of the FCRA, and as you are aware each violation can cost up to $1,000. At this point, I am not interested in seeking money damages. I simply am asking for the negative items attached to be deleted, as they should have been months ago when I first disputed them. Most of these items are due to fall off my report within the next year anyway. This offer of settlement shall be open to you for the next 15 days until August 21, 2001. Should I not hear from you by that date or if you decide against my offer of settlement, I will immediately file the enclosed copy of the lawsuit. . Sincerely, LKH
This is TOTALLY nit-picking, but in the next-to-last paragraph, I would change "money damages" to "monetary damages."
LKH, In light of all the deleting going on you need to be very, very specific that what you are asking for is NOT for them to "delete" or "remove" the tradelines from your profile but rather only the delinquencies FROM those tradelines or whatever the negative information is. Good letter, though. Go for it!
It seems like you are admitting that these are your correct items by saying "they are supposed to fall off iwithin the next year". Im not sure I would say that.
The letter sounds wishy-washy; almost as if you have some fear behind your words. Its all about posture; exude confidence and ask for what you want. Just my 2¢ worth.
I think it's a little wordy, maybe not quite up to your usual literary style, but what the heck?? Looks pretty good to me too.
Try to eliminate some of the passive sentences. I think I might say something like, "I intend to file this lawsuit on XXX, 2001." State your cause of action (reasons for suit) succinctly, state alternate resolution to litigation, state time frame. Good luck.
------ Enclosed is a copy of a lawsuit I intend to file if an amicalble agreement cannot be reached. ------ Forget the threat and amicable agreement!...file the suit, and include in the letter to TU you will settle for complete deletion as LizardKing did. The threat of "threatening to sue" is not a big enough bark. I agree with the other poster that said be very specific in what you want as a resolution. My 2 cents. -Dave
LKH, Here's the letter I'm sending to TU and Experian within the next couple of days. I'll be sending this either with the lawsuit service, if the clerk will do it, or I'll send it the following day by certified rr. Posted it on another thread, and didn't get any negative feed back, so I'll give it a try. 11 August 2001 Experian Information Solutions, Inc P.O. Box 9595 Allen, TX 75013 TAKE NOTICE YOU ARE BEING SUED (re: danrs vs. Experian Info Solutions LA County #xxxxx) You are being sued for violations of the Fair Credit Reporting Act. The result of these violations have caused, and continue to cause me financial loss. I have attempted to have erroneous information on my report investigated and removed by you, and have requested you supply me with complete verification process information as outlined by the FCRA. You have failed to do both, you are in violation of the FCRA, and I will now ask the court for relief as requested in the Plaintiffâ??s Claim, or as the court deems appropriate. My first course of action has been to file a lawsuit against you, of which you have or will shortly receive service on. In order to avoid further legal action, you must do the following within 20 days of receipt of this letter. 1. Remove incorrectly reported account All Interst Bank, acct#xxxxxxxxxxx, and any related notations, from my credit file, re: file #xxxxxxxxxx. 2. Guarantee to me that this account, once removed, will not re-appear in my credit file. 3. Supply me, and any creditors who have requested my credit file in the past 6 months, updated and corrected reports once corrections have been made. In return, if Experian does as proposed, I will dismiss the lawsuit and seek no reimbursement of court costs, financial loss, or damages. If you chose to settle this matter without action by the court, you must act now. This is a one time and final offer of settlement. Sincerely, danrs address telephone # cc: my attorney, Esq. I figure, what the heck, for 20 bucks to file, and 20 bucks to have them served via certified mail, I can't lose. I paid Junum a heck of a lot more than that, and they couldn't get the account deleted. I would suggest in your letter that you not get specific about what you have to prove "charges" against them, that is to say advising them what evidence you have to prove those charges. Why give them a "heads up" on what you have on them? Let them know what you want, and that you are serious. We aren't here to do them ANY favors (ie, giving them more information than they need to know you're serious). Just my opinion, I'm as new at this as you are, this is my first lawsuit against the CRA's, but I think LizardKing has got it right. They don't care what you have against them, if you file an actual lawsuit, and they can settle the matter with no money out of their pockets (real or through legal expense), they'll do it, their subscribers be damned. danrs
LKH, Here's another possiblity for you. We all have to do this our own way I guess, but this is what I'm trying. I found out I must first make demand for payment before I can file my lawsuit. So, tomorrow, this goes out: 6 August 2001 Experian Information Solutions, Inc P.O. Box 9595 Allen, TX 75013 This is to notify you I will be filing a lawsuit against you for violations of the Fair Credit Reporting Act. Before doing so, I make the following demand for payment. I have attempted to have erroneous information on my report investigated and removed by you, and have requested you supply me with complete verification process information as outlined by the FCRA. You have failed to do both, and you are in violation of the FCRA. I now demand payment to cover my costs to date, and financial loss due to the erroneous reporting of, failure to verify, and failure to provide verification process information of the following account, as listed on my Experian Consumer Credit Report #xxxxxxxxxxx: All Interst Bank, account #xxxxxxxxxxxxx. In accordance with Los Angeles County Superior Court policy, I must first make demand for payment from you before I can file a complaint against you. I now make demand for payment of the amount I will be seeking in court as reimbursement for my costs, financial loss, and damages, for the total sum of: Five Thousand Dollars. Your immediate payment will preclude any legal action in Los Angeles County Superior Court concerning these specific violations of the FCRA as it relates to this account. Payment for these violations will of course not prevent me from filing suit and seeking damages regarding any future violations of the FCRA concerning this or any other accounts or information listed on my consumer credit report, nor will it preclude me from pursuing further legal action to have this erroneous information removed from my Consumer Credit Report. I will provide you Ten (10) days from the date you receive this letter for you to either remit payment, notify me of your intent to remit payment, or make reasonable offer of settlement. Your failure to do so will result in immediate legal action as outlined above. Please remit payment immediately. Make check payable to: danrs Sincerely, danrs address telephone Cc: my attorney, esq. HeHe, "please remit payment immediately" The guy reading that ought to sh1t a brick over that one! Of course I expect to hear nothing back until I file the actual suit, but I guess I have to follow the rules. danrs
Are you sure you have to make that demand before filing suit? Ivenever heard of anything like that before. Here in Arizona you just file your lawsuit.
I would not include the fact that you have documentary evidence they did not do the verification, or the evidence relating to the wrong creditor address/phone number. If they want this information, let them note it in the actual lawsuit documents. You don't want to give them an edge that they don't need. THEY already know that they didn't do the verification, and that the address/phone was bogus. Never show them your hole card.
Hal You Betcha! The less info you give them the better What they don't know or can't figure out for sure enhances the "fear factor" and that's usually a lot better.
LKH, I'm not 100% positive, but it does state on the back of the plaintiff's form that demand for payment must be made IF POSSIBLE. Even has a box to check on the front to ensure I did ask them. Kind of makes sense I guess, why would I sue someone if I didn't ask them for money first? I'd rather make sure I abide by the rules, and get it done quickly. It would be my luck I'd speak to one clerk on the phone, they'd say I didn't need to do it, then I'd get down there, and another would say I did. Besides, It does give them one last oppurtunity to settle the matter before I have to take off work and spend 80 bucks to get this done. danrs
You might want to limit the Small Claims Action to only $2,500. You are entitled to ONLY 1 or 2 $5,000 actions per year in California. I would save that for Multiple Defendants case. roger
Ender: That's not a bad idea at all, but I'm wondering if it might not be better to let them make their mistakes if they will and then whang them a good one in court if they did.
What will you do if the defendants transfer the case from small-claims to civil court-- where you'll probably have to pay a lawyer to navigate you though it?
