Experian lawsuit update...

Discussion in 'Credit Talk' started by vixen, Jan 29, 2003.

  1. vixen

    vixen Well-Known Member

    I filed my lawsuit against Experian in NYC Civil Court on 1/17/03. This Friday will make it two weeks. I also sent in a letter along with the summons stating that I will settle for deletions. There are 12 student loans on my credit report that have been reaged. They should have a DOLA of 97 but instead they all say 2000. They are all
    paid/collections which make them eligible for the 5-year reporting according to the NY FCRA. I haven't heard from any Experian attys or received anything in the mail from the or from the courthouse. Those
    of who with experience suing Experian pls. explain to me what to expect.
     
  2. cinderella

    cinderella Well-Known Member

    I haven't sued the EVIL EXP yet, very soon, but I sure hope you nail these twisted weasles.

    Good Luck!


    ~Cindy~
     
  3. dixidriftr

    dixidriftr Well-Known Member

    I'm a bit scared to pull the trigger on the EVIL EXP. If they give as much resistance in fighting lawsuits as they do in handling disputes I know I'm in for a fight.
     
  4. afran

    afran Banned

    Remember if you lose. A judgement will show agianst you on your CR. hope you have a good lawyer.
     
  5. uniondiva

    uniondiva Well-Known Member

    experian responded to my its within 48 hours of receiving my ups letter.

    do not call them, whatever you do... be patient!
     
  6. tnobles

    tnobles Well-Known Member

    WTF??? How do you figure? The only way a judgment would show up against the poster is if and this is a BIG if, Exp countersued and an even bigger if, they won.
     
  7. vixen

    vixen Well-Known Member

    Thank you tnobles, I was thinking the same thing but didn't want to write it. I have a legitimate cause of action. EX reaged 12 student loan accounts by 3 years and I have the proof of the original DOLA. So, I'm just sitting here waiting for an answer from their attys or a phone call. Maybe I'll get a sweet deal like Bayrealty4 :) His was with TU though.
     
  8. GEORGE

    GEORGE Well-Known Member

    YOU LOSE???

    What goes on your credit report???

    THAT YOU LOST????

    I DON'T THINK SO!!!
     
  9. hardybj

    hardybj Well-Known Member

    Can't Experian just say your loans were verified? I have a re-age problem and Experian is telling me I have to settle it with Discover, since they verified the tradeline.
     
  10. cinderella

    cinderella Well-Known Member

    This is wrong. Read the FCRA:
    § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
    (c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

    EVIL EXP would have to show BAD FAITH or HARASSMENT on your part to recover attorney fees. Hard to do.

    Filing with the EVIL EXP next week:
    1) Refusing to investigate 4X
    2)Refusing to consider relevant evidence submitted by consumer 3X (includes letter of deletion from CA)
    3) Refusing to investigate permissible purpose inquiries, even after consumer has wrote EXP complaining of harassment from a CA they do not owe
    4)Failing to respond to request for Description of Procedure
    5)Not disclosing full consumer report, hiding files (CA account), have the proof
     
  11. four20nik

    four20nik Well-Known Member

    No judgement...Exp is the CRA, they have nothing to do with the actual debts regardless of ststus. They have no grounds for countersuit. They are not a debt collectoe/oc. I know I am just repeating what everyone else has stated. I assure you, no judgement can be entered. You aren't being sued for any $amount or even any of the items in question.

    Nikki
     
  12. lbrown59

    lbrown59 Well-Known Member

    No matter:It's still a public record and can be reported.
     
  13. tac14033

    tac14033 Well-Known Member

    afran = Troll


    Tac
     
  14. lbrown59

    lbrown59 Well-Known Member

    Why do you say that?
     
  15. pnwman

    pnwman Well-Known Member

    Because of misleading information posted by him/her.
     
  16. lbrown59

    lbrown59 Well-Known Member

    Because of misleading information posted by him/her.
    pnwman
    ==================
    Couldn't this be due to error rather than on purpose as in troll?
     
  17. bigmon

    bigmon Well-Known Member

    Vixen,

    If it were me I wouldn't have sent a letter that you'll settle for deletions. I would have waited for them to make contact and then discuss settlement.

    I haven't sued any CRA's yet. Just my thoughts. They may make you sweat it out since they know you want deletions and not money.
     
  18. vixen

    vixen Well-Known Member

    I asked for deletions and money. By the way, the attys for Experian sent me a letter on Friday stating that they wanted to "resolve this matter". We'll see what happens.
     

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