First big success!!

I finished writing a pleading last night and was going to file today.. except today is a holiday!

Instead I faxed it to the CA I was filing against along with a letter telling them I am filing when court opens tommorrow.

After lunch a courier came by my office with a letter for me to sign, it was from them! their letter states that in order to avoid the cost of litigation they are removing three accounts from my CR! They apologized for any inconvience and basically admitted fault for not validating, listing accounts that were in my wifes name and failing to disclose disputed on my CR. They did not mention the fact they sent a letter without the debt collector disclosure. At the end of the letter they state that "this action is not an admission of guilt or wrong doing by our agency"

I am going to think about this tonight, I have them dead to right and I would rather see this through in court. But, I am also worried that once you get into court nothing is certain. This idiots not only refused to abide by the law until they saw that I was serious, they basically wrote out a confession!

 

Well, I posted here yesterday that we should act as a group and go after the CRA's with a class action lawsuit. Now less than 24 hours later this drops into my lap, I am already a credit criminal I don't want to become a hypocrite as well. LOL

I think I will accept their offer but I really want to hurt this company, if they treat me like this they most likely treat everyone like this. They should pay one way or another. But I have never done anything pro se , and I have no idea what too expect.

 

I don't mind at all, I will try to paste it on here from word. If that doesn't work I will need some expert advise.

 

Doc, here it is, go easy on me, I am not an attorney

improve as you wish I may need it in the future if the CA doesn't live up to its agreement.

UNITED STATES DISTRICT COURT
FOR THE STATE OF ALASKA


COMPLAINT

COMES now the PLAINTIFFS, XXXXXX XXXXX and XXXXX XXXXX pro se, for a COMPLAINT against DEFENDANT above named, states alleges and avers, as follows:

PLAINTIFFâ??S are individuals, residing in the State of Alaska

DEFENDANT, XXXXXXX XXXXXXX is a XXXXXXX XXXXXXXX organized under the laws of the State of Alaska

DEFENDANT, XXXXXXXXX has willfully, repeatedly and knowingly violated PLAINTIFFâ??S rights afforded them under The Federal Fair Debt Collection Practices Act (FDCPA) and The Federal Fair Credit Reporting Act (FCRA). As a result DEFENDANT has caused PLAINTIFFâ??S Actual Damages resulting in the denial of credit, damage to PLAINTIFFâ??S reputation, humiliation, mental anguish and emotional distress.



JURISDICTION

The Court has subject matter jurisdiction under USC 15, sections 1601 and 1681 et seq.


GENERAL ALLEGATIONS


ALLEGATION 1.

In late May 2001, Plaintiff XXXXXX XXXXX contacted DEFENDANT regarding two accounts that PLAINTIFFâ??S had discovered on their consumer credit reports. DEFENDANT refused to provide any information other than account balances. DEFENDANT has refused to provide any additional information regarding these accounts in violation of the FDCPA.

ALLEGATION 2.

On June 27, 2001 DEFENDANT sent PLAINTIFF XXXXX XXXXX a â??Dunningâ? Letter.
In that letter, DEFENDANT stated â??This agency has been given authority by our client to submit these unpaid accounts to our attorney for legal actionâ?
PLAINTIFF alleges that this letter is in violation of the FDCPA for two reasons. 1) DEFENDANT did not receive said authorization from their client(ATTACHMENT â??Aâ?); the letter listed four accounts from four different creditors. None of the creditors authorized this action (ATTACHMENT â??Bâ?). 2) Two of the accounts were beyond the statute of limitations and the balance owed was less than $1.00 each and one account had a zero balance. There was only one account that DEFENDANT had any legal right to take action on, but no authorization had been given. PLAINTIFFâ??S allege that there was no intent to start any legal action.

ALLEGATION 3.
On December 19, 2001 PLAINTIFFâ??S sent DEFENDANT a certified letter (ATTACHMENT â??Câ?) again seeking validation of an account that PLAINTIFFâ??S thought was inaccurate and that DEFENDANT had refused to validate. In this letter PLAINTIFFâ??S also provided DEFENDANT with a creditor disclosure statement showing exactly what information PLAINTIFFâ??S were seeking.
On January 10, 2002 PLAINTIFFâ??S received an envelope from DEFENDANT (ATTACHMENT â??Dâ?), included in the envelope were the PLAINTIFFâ??S original December 19th letter. In addition to the letter was the PLAINTIFFâ??S original creditor disclosure statement with the words â?? Wich of the seven debts would you like this information on?â? scrawled across the page. PLAINTIFFâ??S allege that this is again in violation of the FDCPA for the following reasons: 1) DEFENDANT has refused to provide validation of this account as required in the FDCPA. 2) DEFENDANTâ??S response did not include the required disclosure that the communication was from a debt collector and information obtained would be used for the purposes of debt collection.


ALLEGATION 4.
ON January 10, 2002 PLAINTIFF XXXXX XXXXX sent another letter via certified mail that was received and signed for by DEFENDANT (ATTACHMENT â??Eâ?), This letter now sought information on all seven accounts that DEFENDANT had offered in their reply to the December 19, 2001 letter. DEFENDANT had refused to provide this information. PLAINTIFF alleges that this also is a violation of the FDCPA.



ALLEGATION 5.
The Federal Fair Credit Reporting Act requires that providers of information to Consumer Reporting Agencyâ??s (Credit Bureaus), to note any account that is in dispute on a consumer credit file, DEFENDANT has known that PLAINTIFFâ??S
Were disputing at least one account since May of 2001. DEFENDANT has failed to note that any accounts are in dispute on any consumer credit file of either PLAINTIFF. PLAINTIFF alleges that this is a violation of the FCRA.
ALLEGATION 6.
PLAINTIFFâ??S have been denied credit as a result of the actions of DEFENDANT in the amount of $2500.00


FIRST CLAIM OF RELIEF

WHEREFORE, PLAINTIFFâ??S Pray for relief as follows:

A. ACTUAL DAMAGES a judgment against DEFENDANT in the amount of $2500.00 for the denied credit that resulted from DEFENDANTâ??S willful and repeated reporting of inaccurate information on PLAINTIFFâ??S consumer credit reports. Against DEFENDANTâ??S Bond under policy number ####-#### XXXXXX Casualty Insurance

B. STATUTORY DAMAGES a judgment against DEFENDANT in the amount of $1000.00 for each violation of the FDCPA and FCRA that the DEFENDANT has committed. Totaling $13,000.00 and against DEFENDANTâ??S Bond under policy number ####-####.

C.PUNITIVE DAMAGES DEFENDANTS actions towards PLAINTIFFâ??S were malicious, DEFENDANTS knowingly, willfully and repeatedly violated PLAINTIFFâ??S rights. DEFENDANTâ??s actions have caused humiliation, mental anguish and emotional distress to PLAINTIFFâ??S and constitute a wanton and gross disregard for the law. PLAINTIFFâ??S seek punitive damages in excess of $50,000.00, with the exact amount to be determined at trial.
PLAINTIFFâ??S further pray for the following relief:

E. For award of court costs and fees incurred herein;
F. For prejudgment and postjudgment interest;
G. For such other and further relief deemed just by the
Court.

 

Doc,

Thanks, I don't know how well it would hold up in court. It is the Frankenstien of legal pleadings, I borrowed from legaleze used from all sorts of cases and placed the verbage where it sounded good.

With that said, I have accepted their offer contingent on their stating that the accounts wil not appear later and a written apology.

I am on to the next company that has the same basic violations, I think I'll post the pleading here prior to sending it to the company for the input from people on this board. The advice you all provide is priceless.

Thanks