Sorry, this is a bit long, but bear with me. OK, I have been communicating with this lawyer via email (he was referred to me via David Szwak because of this FCRA experience) regarding my ever-present 8-year-old-dismissed ch13 on my EQ report. I'm a bit confused over some of his comments he has made, can anyone help me decipher? Here's the exchange so far: First of all, I explained him the whole story (recap: I changed my mind in the first place right after filing in '95, and was never under bk protection as a result, but EQ still insists on reporting it for 10 years). I told him that I have tried to dispute the entry, but it keeps coming back verified because it's a matter of public record. HOWEVER, in the process, EQ has violated several terms of the FCRA. (I sent him my documentation). Of course, I'm thinking that EQ can legally report my BK for up to 10 years if they want to be asses about it, but they're NOT allowed to violate the FCRA (as they have done multiple times during the dispute process). So, I want to use their violations of the FCRA as leverage to get them to delete. Seems straightforward, right? Everyone here knows this strategy. So, then he emails me and says "EQ will probably settle out of court early with deletion and $3-5k, since the bk was not accurately reported". I replied back telling him that sounds great, but that I was worried that EQ would claim it WAS accurately reported--because technically, it was "accurately" reported as dismissed. Are we asserting violations of the FCRA, or what? Geez, it's like pulling teeth. Then, he replies back with basically "Oh I thought they were not accurately reporting it as dismissed". <duh>. "What I will have to do then is call their lawyer and have them delete it". This was the last comment he made (about two days ago). OK, now...am I missing something? Is it this easy? I'm trying to get more details (i.e., on what basis would he delete it?, etc) but he hasn't responded back yet. Has anyone ever had this happen? I don't want to be too cynical about it, nor do I want to be too optimistic.
He might be able to get a few strings pulled in an atty-to-atty communication. He might have secret ammunition. Maybe attorneys respect each other (to an extent). Hey, maybe he knows the guy :O) Who knows, just let him work his magic.
In a situation such as this, I would suggest you stop the email, and pick up the phone and ask all your questions til you get answers you are satisfied with. The responses he has given you leads me to believe he hasn't put much time and effort into this all, especially if he doesn't even know if there is a reporting error or not.
