? for all those that have sued CRA'

Discussion in 'Credit Talk' started by reality89, Dec 26, 2001.

  1. reality89

    reality89 Well-Known Member

    OK, so I sent lizardking's estoppel letter to experian about 15 days ago regarding an huge error in reporting on my wife's bureau. The time is approaching for us to "put our money where our mouths are" so to speak. Since I never have sued anyone I need to know what court I have to go to. Should I go to the one in my local city or their's? Is it small claims court that I go to? Any help I would appreciate. Thanks.
     
  2. GEORGE

    GEORGE Well-Known Member

    As far as I know...YOUR CITY or the "COUNTY SEAT"...
     
  3. LKH

    LKH Well-Known Member

    You should file in small claims in your jurisdiction. Make the slugs come to you.
     
  4. reality89

    reality89 Well-Known Member

    lizardking,

    What I wrote was worded possibily wrong. I sent the estoppel letter to the creditor and sent a copy to the CRA. Here's the issue and what has been done to this point.

    Wife's first husband passes away. She made arraingements with the funeral home to pay them. With all that was going on she forgot or thought that she paid - They never call or write for 6 months and finally she is made aware of the debt when she is served because they intend to sue. So she goes that same day and pays them in full.

    Three years later (4 months ago) - Get a copy of credit report from Experian saying that it is still an owed debt and there is a statement in there saying that "primary filed for BK" (which she did not do and never even suggested to them). So we dispute it. Comes back verified.

    Call funeral home - They say it should not be on there and they dont even report to the credit bureaus (not a collection agency on the report mind you- its listed as the funeral home as the business)

    Send second letter to EXP asking to know how it was verified and such. Get another report back 20 days later saying that the trade has been verified and updated. It was changed to show a paid status but the comment about BK is still on there.

    She applies for a JC Pennys card. Declined. Primary reason for decline - Experian report says you filed BK. Only place that it says that on there is this trade line.

    We send modified estoppel letter to the funeral home demanding that they contact experian and basically threaten them and Experian as co-defendants in the defamation suit.

    Sorry - I did not want to bore anyone by typing the whole story and by the way - it is a great letter.
     

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