Okay, so I have (or maybe had) a CA on multiple violations and am more than willing to sue (can always use extra $). But now that I've sent off this last letter to them I read Butch's comment about letting them think you're an idiot and now I'm afraid I've shown them all my cards too soon. I basically "gave" them everything I have on them and then ended the letter with: "If this is not removed within 15 days of your receipt of this letter I will be forced to pursue legal action." If they do delete can I not sue them for all of the violations since all I requested was deletion!!!??? I was originally just wanting deletion until I started counting up the blatant violations- 13 to be exact! Now what? Signed, Dumb and in debt
Hi HE, Maybe I should have been more specific. Yes, it's best to play dumb until you get them on solid violations. But when you have 13 of em, then it's time to let em know you're not as dumb as they thought. You're doin fine. GL, let us know what happens. .
Did their reporting errors, and their failure to correct them in a timely fashion, cause you financial damage?
They won't reply in 15 days. If they do, i'll refund the cost of this post On day 15 sue their sorry asses in FEDERAL court. Be sure to ask for punitive damages as well as tort damages for mental suffering, humiliation, defamation, etc. Go for the WHOLE enchilada.
No it didn't cause me any "real" damages. Since I'm fairly new to all this I thought I would use this acct as my "testing ground". First of all it's not even mine to begin with. But when I requested Validation they called me with a "great" (their words not mine ) settlement offer because the OC went out of business 4 years ago and they don't have any proof ...they have reported this on all 3 of my reports AND verified many times. So I layed it ALL out there for them the facts and demanded deletion... Now I'm thinking why didn't I just send them a less forceful and informative letter and let them ignore it and sue 'em then I'd have a deletion, some spare cash and a law suit under my belt. Not that I'm "litigation happy" it just seems that it would've come in handy since it was pretty clear cut... it wasn't like trying to get a legit. paid CO off on a technicality. I have some of those too and thought it would be nice to have a "practice round" Okay enough babbling... Nothing I can do until 3/10 anyway. Butch Thanks. I hope you're right Hangin' in there!
I'll be looking for that refund They responded all right... with a three sentence letter that says: Re: Acct # "Dear Wrong Name, We are in receipt of your letter dated 2/17/04. We have closed the above-mentioned account. If you have any questions please contact our office at xxx-xxx-xxxx." Sincerely, Owner of Company This was in response to my 7 pages of "remove it " including phone conversation transcripts, pointing out all 13 violiations and fines, quoting the FTC opinion letters through out the body of the letter etc and this is the best they could respond with?! Anyway, the letter (if you want to call it that) is dated 2/25/04, I have pulled my PG and EQ everyday and they haven't removed it yet. I was giving them until 3/9/04 because that is when the deadline I gave them would be up. There has been no change to the account until today. EQ claims to have verified it and updated the status to 3/2004. Then EQ sent the results of the investigation on this TL. They said they already verified this info (Dec 03). I know the CRA's tend to bluff when it comes to verifiying so I don't know what the next step would be. If it still appears on 3/10 who do I go after and how much more forceful should I be? or should I just file suit now ask questions later? I'd love to get a second chance at making this CA cough up some $ but I'd like to see the TL disappear just as much if not more! Thanks.
Well ... Had Enough, you sure are havin a tough time huh. Seems you may have no choice but to file suit. I know it sucks when you don't want to but, they're not paying the least bit of attention to your problem. Filing in small claims is very easy. Knowing what I know about you, I'd tend to think that if you filed in SC and got them served, you may be able to get their attention. If that fails, you'll have no choice but to dismiss and then refile in FDC, as per Ronda's suggestion. Have you tried your AG's office? ??? .
