I was wondering if anyone has had any success with suing Experian and what type of results you've been able to get with them? I am in the process of suing them right now because of 3 main reasons.... 1. Lack of investigation of inquiry disputes 2. Lack of proper procedural information when requested 3. On May 10th, 2002 I started a dispute online with Experian. Given the 30 day rule they said my results would be due on the 14th?? 30 days came and went and when I contacted them on the 11th of June they said they were still awaiting word from the source and that I was wrong on my date of June 10th, 2002 as being 30 days. The results would be given to me on the 14th, like it or not. I waited out the extra couple of days and called them back to find out on the 14th it came back verified. I argued that they must delete based on it being verified past 30 days. They refused! They said the extra couple of days was due to when they started the investigation, according to them they have 5 days to start the investigation, she said they have 30days from that point. I said where in the FCRA does it state this?? I have it in front of me and it states you have 30 days from the date you receive it from me! She continued on adamantly stating they are in the right on this and refused to delete. This is the main reason for my suit and I think I have them on this. I was not contacted by their attorney yet, only the courts stating that Experian has requested a continuance. Has anyone settled with Experian out of court?? I would settle for the deletions and court costs on this one! I am about to buy a home in a month and the broker says the lender will require me to pay the $5000.00 charge off at closing unless it comes off my report. The only report it is listed on is Experian, I was able to get it deleted from the rest. I really can't afford that extra $5000.00 at this point. I am hoping they will cave in and delete. Thanks for the help! Tac
Did you send an offer of settlement with the summons when it was served? If not, then fax or overnight an offer to settle of dismissal for deletion. I sued the experian affiliate in my area last fall. After they bumped it to federal and played games for awhile, they settled for deletion of all negs. I had sent an offer to settle with the summons, but they never gave it to their atty when they forwarded the papers to him. When I asked the atty why they weren't interested in my offer, he said he never saw it. I faxed it to him, and we started on the road to settlement. See the thread below "this board is being watched". A lot of the info on that case is in that thread.
Has anyone sued experian in small claims and been able to keep it in small claims. I am about to file against experian also but want it kept in small claims
