I negotiated a settlement with cambece law firm. Part of the contract states that upon full payment of the contract they will agree to remove any negative information. Well first off the account is listed as a collection record. I beleive the only way they could remove negative info is to not list it as a collcetion account, thus removing it from the CRA. Next I have paid them in full and it has almost been 4 months. They keep telling me that they have sent it in to the CRA. My main question, is there any way I can sue them for breach of contract? What about false or misleading procedures listed under FDCPA? I appreciate any help. I do have the contract in hand with CA manager's signature.
Send them a copy of the signed settlement letter (with the deletion statement), along with a letter saying the item is still being listed, if they do not update the 3 CRA's immediately, and send you copies of PROOF that they requested the item be removed, you will sue them. Make the threat to sue very clear. Then if they do not comply, file suit for damaging your credit report with false/inaccurate information...serve them properly and they will respond and comply quickly I am sure. Also dispute the listing with the CRA's and if verifed send procedural request demands so you can find out who they contacted to verify...you will bag one of them because the CRA will have to tell you who reported...and of course the CA is claiming they are NOT reporting. -Peace, Dave
I just sued in court last month for Breach of Contract / Violations of FCRA. It's been 15 days, and I called this week to find out about the case. It is still under review. Make sure your settlement/deletion letter is signed. Other than that, yes you can sue and probably win. When I was in court they used all the excuses you mentioned. Before we went to court I heard every excuse possible from them. In court they said they disputed the validity of the settlement letter itself since their lawyers would NEVER let them write a letter like that. Yeah right. It doesn't cost much to sue in small claims court and if you have some damages like I did, you have a good shot at winning. Besides, once a lawsuit hits they might just delete the account immediately like the CA did for me. It still went to court on principals. I'd do the same if I were you, since I've already done it AND I would do it again in a heartbeat.
