Well, I've had the opportunity to settle a debt over two years ago. The CA agreed in writing to remove the account upon my filing a consumer dispute. I did such over three times now. Each time they have verified it. I contact them two months ago to have them fix it with the Credit Reporting Agencies. A month ago, I brought a copy of the letter into their office for their verification. I contacted them again today because the dispute I filed almost 30 days ago has now come back once again verified. Here's the dilema: I believe I now have them for Breach of Contract and Non-performance for not abiding by the letter that I received when I settled the debt. Anyone know if this is true? Also: Since it's still being reported, wouldn't I have some relief under the FCRA in regards to this? The manager was supposed to call me back today after he had lunch with the owner. I gave him my work number and told him I would be here until 12PM tonight. Sadly - No one has called / Left a message, nor has anyone left a message at home for me. Tomorrow at noon I plan to head down to the courthouse and file a small claims action for $2000 citing violations of the FCRA and for Breach of Contract and Non-Performance. They agreed in writing to remove the items and for the past two years I have been disputing w/o any luck. I think this entitles me to damages. I don't want to send the letter to the CRA's because it says the account was settled. The first time I spoke with the manager, he told me that they sent me a settlement offer by mistake. It was a 5000 debt that was settled for less than 650 dollars. He said the agent made a mistake and therefore they could do nothing. Now he tells me (after seeing the letter for himself) that his Secretary is incompetent and sent it back as verified. It's time for me to do something here in regards to this one. Do I have a shot? I can prove damages in small claims. It's on all three reports as well and the only negative on my ex report. comments / suggestions?
Filed small claims action today. Breach of Contract and Violations of FCRA. $2000.00 Scheduled for April 17! I've got them, talked w/ my lawyer today. Contract is a contract..Now to build my ammo...
yes you have them on breach and you can ask for specific performance... but you need to set your case up properly. Have you been declined credit since that settlement? how about credit line increase? paid higher cost of credit on the lines you have gotten? If so, those are your actual damages. You'll need some if you really want to get money. Otherwise, what they judge will likely do is make them uphold the contract, correct the trade line to settled and you're just as bad if not worse credit wise (the update will make it seem like a recent collection and you'll get hit in the score) specific performance may hurt you... if you've written to the collection agency directly disputing the account then they've violated the fcra... they're required to put on the trade line that the account is in dispute while they investigate... not to mention what they're reporting is actually not true... again, fcra violation have fun, with it in writing it's open and shut. send a demand letter and/or sue. some states require a 30 day demand letter...
It's a two year old settlement. I have asked for the item to be removed. I have been denied credit and have almost lost my Security Clearance (JOB) because of it. I have all that documentation to back it up, as well I took a hit on my car loan because the FICO score was brought down because of this account. I believe I have adequate damages. Hopefully the judge will think so too!
you may want to go to your bank and get a letter of what the intest rate would be on the loan if that were removed... get it in writing.. then run an amortization schedule for the difference... that could be your actual damages... the judge will know you could get better but it's up to you to prove how much better and thus, how you've been financially damages... up to you to have suppporting docs... judges won't guess You should also have them on willful noncompliance fcra and that is 1k or actual damages, whichever is greater...
