Let me explain my story and then ask for advice. I got a split file in equifax. they say too many inquiries caused the file to split. So I disputed alot of my inquires. Got the standard "matter of fact" Blah blah response. So I contact the FTC and they explain to me a section of the act <609 para 3> which says they stay on for 2 years for employment purposes all other purposes 1 year. So I fire off a fax stating what the FTC said and I got another reply of inquires are a "matter of fact" and we wont investigate.Same as before. I spoke with a supervisor at equifax today and she said that they follow another section of the act when it comes to inquiries. the section she read was something dealing with elections. She blew off the section that the FTC mentioned to me and told me to wait till 2004 and MAYBE they could merge my file. After that I called the FTC and the gentleman I spoke to mentioned to me a part of the act where it states the must investigate anything. He suggest I file a claim in small claims and bust them for 1000 bucks for each letter.He said each time I tried and got a letter back, that was a seperate incident and therefore 1000 x2 letter=2000 bucks. Ive contacted the magistrates office there and will be getting the papers to file a claim in small claims. Any one went to small claims before? Should I give them a chance to settle before I file or are there any letters I should send before I file the papers? Its about a 6-8 hour round trip for me to go to Atlanta but it seems like it would be worth it to pay out around 100 bucks and get 2000 back, but I would like to avoid the car trip if possible. Any advice would be appreicated Thanks
You can file suit in your home state small claims court. You must serve them at the proper "local" address. If you need to, search or call your state secretary for the agent of record for the company. I would also serve them at their corporate office. -Peace, Dave
I contacted the city court house where I live and they are the ones who told me I would need to contact the county where Equifax is. I called the county magistrate in Georgia. They had me call the state general and I got the agent of record in that county. Sounds like I got a pretty good case here. Im just fuzzy on what I need to be to make this happen. I will call my local courthouse again and maybe I can speak to some local . Im wondering if there is a way to get them to settle out of court. Also since I asked twice and they sent me two letters saying they wouldn't investigate inquries, wouldnt that be two violations?
There is a lady at Equifax, I think her name is Robin Holland? She is the person many people on the board have called with problems and gotten the resolved. Do a search under her name and you should be able to find her phone #. Then call her with the situation and see if she will help. If not, then file suit in YOUR small claims court.
