Anyone ever sue Experian? I had credit card account with first delinquency 12/94 charge off 6/95. Experian's report says they will report it until 12/2004. I'll sue them in 12/2001. What are they thinking? I've written the with CC to the President D. Van Skilling. I can't find any of Experian's in house lawyers listed with Martindale Hubbel. Their agent for service listed with the articles of incorporaion is a paralegal service in Los Angeles. Any info on their attorneys?
You'll have to wait till mid 2003 to sue. The laws prior to 1998 required the statute of limitations on reporting to run from the charge off date, not the date of first delinquency. Also, it is more like 7 and a half years the way the language reads. Experian is still off by a ways though. Thought you might want to know.
Why not just get the information corrected and get on with your credit life? I would only sue Experian if they were difficult about removing the erroneous data. You did rip off the credit card company for some money, now let us cry for you that they had a wrong date in your credit report. It is usually very easy to get the dates fixed, I didn't have the slightest problem with Experian in this regard.
Chickenshit, post your name. I'll sue you for libel while I'm at it. I ripped no one off for anything. I certainly don't ask anyone to "cry for me". Why sue? Because damages have ALREADY taken place as a result of the false info. That's why, chickenshit.
Pat, Here is the exact text sub-section that relates to your assertation. Based on the date of charge off (6/95) and the pre-ammendments, the debt should be listed until 2002 plus 180 days. Any time it remains after that is in direct violation of the FCRA.(unless we are speaking of student loans or liens) The mis-reporting is VERY common. Everyday I see reports that state a listed period of about 9 years. Get your proof in order from the creditor to show the actual dates they reported to EXP. Once you have that, it will show direct liability was on the CRA not the creditor. As for their attorneys, look up the info on Experian's subsidiary, The Great Universal Stores P.L.C., a UK-based holding company that includes home shopping, retailing, property investment, finance and information services. --------- c) Running of reporting period. (1) In general. The 7-year period referred to in paragraphs (4) and (6) ** of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. (2) Effective date. Paragraph (1) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996. Hope this is useful. Kristi Pat wrote: ------------------------------- Anyone ever sue Experian? I had credit card account with first delinquency 12/94 charge off 6/95. Experian's report says they will report it until 12/2004. I'll sue them in 12/2001. What are they thinking? I've written the with CC to the President D. Van Skilling. I can't find any of Experian's in house lawyers listed with Martindale Hubbel. Their agent for service listed with the articles of incorporaion is a paralegal service in Los Angeles. Any info on their attorneys?
I looked it up. Here is the info. The Great Universal Stores P.L.C., Universal House, Devonshire Street, Manchester, M60 1XA. Telephone: 0161 273 8282 Fax: 0161 277 4056 Website: www.gusplc.co.uk
Why do you feel that damages have already occured? Remember, you have to show that the error caused specific financial problems for you, like a higher interest rate on a mortgage. But since legal the seven-year time limit hasn't expired yet, the item would still be listed right now, even if the date was corrected. If any lenders have penalized you for the charge-off, they would be looking at (a.) The fact that it is there at all, and (b.) How long ago it occured (i.e. the date of the charge-off, *not* the expiration.) Have you tried a simple FCRA dispute? That should definitely be the first step, and is *much* less expensive (in both time and money) than jumping into a lawsuit. Perhaps you could explain your reasoning a bit more, with regards to the damages you perceive? -- CardReport.Com - Credit Tools, News, And Reference http://www.cardreport.com/ Everything You Need To Know About Credit And Debt
Why do you feel that damages have already occured? Remember, you have to show that the error caused specific financial problems for you, like a higher interest rate on a mortgage. But since legal the seven-year time limit hasn't expired yet, the item would still be listed right now, even if the date was corrected. If any lenders have penalized you for the charge-off, they would be looking at (a.) The fact that it is there at all, and (b.) How long ago it occured (i.e. the date of the charge-off, *not* the expiration.) Have you tried a simple FCRA dispute? That should definitely be the first step, and is *much* less expensive (in both time and money) than jumping into a lawsuit. Perhaps you could explain your reasoning a bit more, with regards to the damages you perceive? -- CardReport.Com - Credit Tools, News, And Reference http://www.cardreport.com/ Everything You Need To Know About Credit And Debt
Why do you feel that damages have already occured? Remember, you have to show that the error caused specific financial problems for you, like a higher interest rate on a mortgage. But since legal the seven-year time limit hasn't expired yet, the item would still be listed right now, even if the date was corrected. If any lenders have penalized you for the charge-off, they would be looking at (a.) The fact that it is there at all, and (b.) How long ago it occured (i.e. the date of the charge-off, *not* the expiration.) Have you tried a simple FCRA dispute? That should definitely be the first step, and is *much* less expensive (in both time and money) than jumping into a lawsuit. Perhaps you could explain your reasoning a bit more, with regards to the damages you perceive? -- CardReport.Com - Credit Tools, News, And Reference http://www.cardreport.com/ Everything You Need To Know About Credit And Debt
Why do you feel that damages have already occured? Remember, you have to show that the error caused specific financial problems for you, like a higher interest rate on a mortgage. But since legal the seven-year time limit hasn't expired yet, the item would still be listed right now, even if the date was corrected. If any lenders have penalized you for the charge-off, they would be looking at (a.) The fact that it is there at all, and (b.) How long ago it occured (i.e. the date of the charge-off, *not* the expiration.) Have you tried a simple FCRA dispute? That should definitely be the first step, and is *much* less expensive (in both time and money) than jumping into a lawsuit. Perhaps you could explain your reasoning a bit more, with regards to the damages you perceive? -- CardReport.Com - Credit Tools, News, And Reference http://www.cardreport.com/ Everything You Need To Know About Credit And Debt
Oh Boy, another Christine Baker wanting to sue everybody and their brother over some little issue that is easy to correct.
Why do you feel that damages have already occured? Remember, you have to show that the error caused specific financial problems for you, like a higher interest rate on a mortgage. But since legal the seven-year time limit hasn't expired yet, the item would still be listed right now, even if the date was corrected. If any lenders have penalized you for the charge-off, they would be looking at (a.) The fact that it is there at all, and (b.) How long ago it occured (i.e. the date of the charge-off, *not* the expiration.) Have you tried a simple FCRA dispute? That should definitely be the first step, and is *much* less expensive (in both time and money) than jumping into a lawsuit. Perhaps you could explain your reasoning a bit more, with regards to the damages you perceive? -- CardReport.Com - Credit Tools, News, And Reference http://www.cardreport.com/ Everything You Need To Know About Credit And Debt
Oh goodness, Pat! You might not believe this, but there have been worse chickenshits than John Debtor here. Fortunately, he did bring up something useful. Most of our chickenshits don't. Perhaps you should call Experian, and explain the problem. Their reps can be quite easy to deal with. You never know. One call could straighten out the whole mess. Just don't come off as outraged when you talk to them. Put on your friendly voice and your best sense of humor and give it a try. Hang onto that prescious venom for now. You might need it later for some of those heavy-duty chickenshits out there. I hope all goes well for you in fixing this matter.
Oops! Sorry For The Multiple P Sorry for the multiple copies. I kept getting an error message where it appeared that the form submission didn't go through. -- CardReport.Com - Credit Tools, News, And Reference http://www.cardreport.com/ Everything You Need To Know About Credit And Debt
the cause of action at this time is another item, charged off in 2/95, and identified by Experian as charged off in 1998. The loan officer who turned me down for a 10% car loan told me she would have approved it if I had a charge off in 1995, but not 1998. She then went on maternity leave. I have been approved for a 20% APR car loan. My damages are the cost of the higher interest rate.
a lot of ignorant people have criticized me for wanting to sue. This is NOT a matter of a simple error, it is a matter of Experian stating that it will violate the FCRA. On the initial issue, there will not be a cause of action until 12/2001, agreed. It would be wise of me to contact Experian's attorney long before that to avoid a lawsuit, don't you think? The lawsuit, brought in Orange Co. CA would be for declaratory relief under the FCRA; that not need involve damages nor wait until 12/2001. I could file a small claims lawsuit and get a judge's order forcing Experian to delete the item in 12/2001. They would have to send one employee (a non lawyer) to court for two hours, because they don't understand the FCRA. How terrible!
I just get the feeling that John D. isn't someone who'd dare to complain about anything to anyone in the real world to their face- his boss, someone with whom he disagrees like myself, or a waiter who spills a drink on him. He'd probably go home & kick his dog, or post some anonymous bulls--- insulting a stranger online.
I don't see how you can really compare Christine Baker with Pat M. You see, CB, will whine, moan, complain, send a pile of emails which are ALWAYS IGNORED, shriek, swear, yell alot, whine and moan some more and go off to her next hysterical fit, all the while doing ABSOLUTELY, POSITIVELY NOTHING !!!! Except whining some more the next time the topic comes up. Pat M I feel will most certainly go through with this lawsuit unless satisfied beforehand. Personally, I consider the CRA's the true villans of the credit industry. The lie, cheat and break the rules and regulations countless times everyday and arrogantly consider themselves above the law (and their heavy bribes to congress help keep it that way). With that in mind, I consider no lawsuit against these unscrupulous, criminal scum 'frivolous', especially if its directed at the worst of the lot Experian, and anytime somebody can nail their asses to the wall I'll be happy.
Steven, I think you mistook what I said, or maybe I didn't clarify it enough for which I apologize. I'm was jokingly making reference to the name calling and threatening to sue John Debtor for liable. I do agree with him on everything he say's about Experion, and I would sue them to. But calling someone a "chickenshit" and threatening to sue them for something they said, well you must admit it is something the @!#$ from "OUTHOUSE" (I mean "BAYHOUSE" I still get the two mixed up) would pull. Pat it was not meant concerning anything you said about EXPERION, in my opinion their the worst of the big three go get um.
