Discussion in 'Credit Talk' started by Marie, Jul 3, 2001.

  1. Marie

    Marie Well-Known Member

    I just got them. All 3 of them. Lawsuit time.

    For those who don't know, I've been methodically getting docs and requesting disputes about the last remaining negs on my reports.

    Sallie Mae accounts, duplicated over and over, wrong dates, and derogs that don't belong, accts w/balances that were paid off 2 years ago...

    These accounts have been disputed 5 times over the last 2 years... all "verified". Just came back verified, and I just requested docs for it from the CRAs to make a better hanging rope. :You know, the "gee whiz how did you verify it?" letter :)

    Equifax actually had the unmitigated gall to say they did it in writing. OH cha ching... lawsuit time :)

    Here's the great part. Sallie Mae, by law, keeps micro copies of ALL correspondence in and out... and a detailed call log of every call about your loan.


    This is being sent to me in writing today from a Sallie Mae supervisor along with payoffs, dates, and my correct loan numbers.

    All the rest of my derogs and other info I want off has summarily been added into the disputes because I knew the CRAs would screw up... but I didn't think I could get difinitive proof they aren't even verifying...

    And when you redispute they're supposed to go the extra mile... :)

    I may actually see if I can get a check from them :)
    Anyway, just a quick hello to all that have helped and I'll let you know when it's all done.

    Oh, by the way, when they dissiminate this info via the mail, isn't that also mail fraud? Criminal territory here.

    Just a thought... and one I've added into my next letter to their legal department.
  2. making

    making Well-Known Member

    sweet :)
  3. Nave

    Nave Well-Known Member

    Way to go Marie! Got them by the chachkys! With that you should offer to settle for complete deletion of everything as LizardKing did. Unless you want some cash too :)

  4. breeze

    breeze Well-Known Member

    Great work Marie!! Go for broke!! The consumer revolution moves forward!

    breeze <humming "we shall overcome...we shall overcome...">
  5. MikeB

    MikeB Banned

    I hope you go forward and file the lawsuit. I would like to see the outcome.

    The test I would like to see from some consumer action group is this:

    Setup a bogus credit file account record with all bogus contact information. Dispute the record and see if the CRA verifies the account.

    I bet 3 out of 4 times, it would be verified by the lying CRAs.
  6. godaddyo

    godaddyo Well-Known Member

    Since it is so hard to sue the creditors for this , I am glad to see this kind of proof to nail a CRA. Go get em, I dont think you will have any problems. If you dont want all the hassle, just take em to small claims and get whatever you want removed. You may want to settle with them to avoid hassle. But if you are the consumer advocate type and you want to go the extra mile, take it all the way with no settlement. You would run the risk of losing leverage in cleaning your reprorts if you dont win, that is the downside. Decisions, decisions, decisions..hmmmm?
  7. MartysGirl

    MartysGirl Well-Known Member

    TWO THUMBS UP....!!!! Well done....!!!!!!!!

    I hope you sue the pi$$ out of!!!

    Keep up posted

  8. G. Fisher

    G. Fisher Banned

    If they offer to settle, will you sign a non-disclosure agreement?

    If so, before you do that, will you send me all the evidence so I can publish it?
  9. G. Fisher

    G. Fisher Banned

    I'm sorry, that sounds like a cheap solicitation.

    Will you post it all on the web, rather than just sending it to me?
  10. breeze

    breeze Well-Known Member

    I almost suggested that, and didn't. I think it would be great to put up a webpage, and let us promote it for you. :)

  11. breeze

    breeze Well-Known Member

    you can just lift the pages, Greg. I mean, what can she do about that?

  12. nursie

    nursie Well-Known Member

    Wow, I hope you sue the socks off of them, pad your checkbook, and set a precedent for the rest of us! If it costs them, they may look at changing the way they verify!
  13. GEORGE

    GEORGE Well-Known Member

    I HAVE POSTED THIS BEFORE...but it needs to be repeated...FOR SECURITY REASONS...there is usually only ONE person at a company that can change an some people have actually got ahold of that ONE PERSON and they said they were NEVER contacted by anybody about their account...PROOF OF THE LIES!!!!!!
  14. dlo64

    dlo64 Well-Known Member

    You go girl!!!!!

    Good luck!
  15. Marie

    Marie Well-Known Member

    Willful Negligence

    If I have to sign a nondisclosure... or if I think it's coming to that, I'll either give you the case (and my real full name, county, state) or I just may publish it all first, file it, then see what happens. That way you all have it.

    By the way, I thought of a great other strategy that I'm also using. If you read most of the cases, you'll see the CRAs get sued for willful/negligent noncompliance. The willful normally gets thrown out and you might get them on negligent noncompliance.

    BUT, what about when they blatantly refuse to even begin an investigation on inquiries??? Now that seems to better fit WILLFUL noncompliance. I am hinting in my correspondence with them that I may see about a class action lawsuit over the inquiry part.
    (in addition to all the other stuff I've got them on already).

    Here's the line of logic:

    I have truly had confused credit files with my mother since I was 18 or so. Most gets cleared up quickly, but some stays. Fortunately, hers is perfect but it sometimes makes me look overextended. But what about her applications for credit???

    Now, since my TU report already has the statement "do not confuse with persons of similar identity"... TU has already been put on notice that there is an issue with my file. That was 2 years or so.

    I used to have my own rep at Equifax at the height of the confusion.

    So, if I think an inquiry isn't mine and they blatantly refuse to even begin an investigation, knowing that inquiries reduce our score... then it's WILLFUL noncompliance (see FCRA definition of credit file: it's ALL info in the file)..

    SO you see, they know this can hurt my score, they refuse to even investigate.. it's automatically harming me.

    Now, I've made sure that I haven't made the same mistakes as other cases.

    Definition of consumer credit file (by case law) is one where the file is dissiminated to others (not just to you). I've done that. I've been rejected for credit. That can be attributed to several things: but certainly, since the errors in my file keep being verified (and a few are real errors)... well, I really do have them.

    I'm preparing the case now so I'm busy. I'll file in small claims court but put in the comments to their legal dept that I've been counseled to remove it to US District Court and hire an atty (all true).

    Oh, and to answer the question: I am more of a consumer advocate type. They piss me off. They lie. They've been lying to me for almost 3 years on "verifications" and I know it. I've just finally decided to step up to the bat and swing instead of just quietly fading into the crowd.

    Oh, I'm in a dispute now with Equifax. After this round of b/s I'll call Sallie Mae again. Whatcha want to bet they haven't heard from them at all?????

    student loans can really HELP your case. They document everything!!!

    Worst thing that happens: nothing
    Or: I get money but some negs stay
    Or: I get all negs removed but no money
    Or: I set an example and get it all (but that will cost me an atty, which I'm truly considering putting on my budget for this year). and maybe I get something or not. Crapshoot. I really don't care about the outcome as much. I want to stand up for myself. I've got almost 25K in available credit cards now. If I never get another card or increase... I'm fine. so my file really isn't hurting me that much. I just want to fight this... and see what happens.

    Regardless of how this works out, I just wanted to pass on the idea of willful noncompliance and inquiries. I'll be quite busy for the next few weeks, but I'll let you know as things progress:)
  16. breeze

    breeze Well-Known Member

    Re: Willful Negligence

    That's great Marie! It sounds willful to me. But you really should send someone else copies of you correspondence so they can't hush this up.

  17. Marie

    Marie Well-Known Member

    Re: Willful Negligence

    I don't see how they could possibly hush me up. I don't recall Lizardking mentioning any nondisclosure.

    If any CRA wanted a nondisclosure... they'd really have to pay cash for it. And I think it's likely they'd fight before handing over a check. We'll see how it goes. But I do have them dead on this one.

    I mean, an average jury isn't really going to like proof they've NEVER verified anything.

    FUnny, the Sallie Mae rep told me "no mam, you're the only one who's called in about your credit ever". No letters either.

    They are putting in the letter that they've received NO contact, either by phone or in writing from Equifax, TU, or Experian. HELLO :)

    I negotiate for a living... and I'm very good at it ;) I'll try for a small check covering my time and expenses.. and full complete removal... or I likely will bump it to US District and just roll the dice. I'm kind of in the mood for a fight :) I'd like to see what I can get out of them for proof they didn't do their jobs :)
  18. Marie

    Marie Well-Known Member

    Oh, this is funny

    Experian told me their Sallie Mae contact was John Smith...

    Haha. And there's no John Smith anywhere in Sallie Mae. What a name. Why not check into a motel with it and call it a night :)
  19. Nave

    Nave Well-Known Member

    Re: Oh, this is funny

    Hahahaha Mine was verified by Pocahontas.
  20. breeze

    breeze Well-Known Member

    Re: Oh, this is funny



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