Need to know what an O5 account is Also need to know what an I9 account is. Will post my entire case as I finish it up and we get closer to the time. (1:30pdt) Casey
O stands for open account and 5 means pays or paid in more then 120 days or more than four payments past due. I stands for intallment 9= bad debt or charged off.
This is what I have so far, working on the rest. Comments welcome. Violation #1 Mid-September I wrote Equifax and asked for a copy of credit report. On September 25 they sent me a report that had only one account and one enquire which in fact was an Equifax Disclosure. Pursuant to 1681h 610 (a) (i) I sent a copy of my drivers license and a copy of my social security card. The account was a collection account assigned to Accent services under the name Jeff Graham at 720 Denton Road Hope, Idaho. DOLA was 4/00 Blaance $236. The report also contianed my proper social security although it is not required by Verizon. The report was sent to Jefferson E. Burns P.O. Box 477 Hope Idaho. Violation of 1681g 609 (a)(i) and 609(3a)(ii) Violation #2 In Mid-January I pulled a Tri-Merge Credit Report throu Privacy Guard and was shocked to find not one but 24 seperate accounts for a total of $16, 583. $7,640 of that was in revolving accounts and $8,943 in installments accounts. At the time I had a total of 3 credit cards with a limit of $1200 and balances of $887. On 1/25/2002 I wrote a letter to Equifax Credit Information Services outining the many mistakes on my credit report specifically an account from Gulf State Collection Agency, Account # 3942596781. Enclosed with this correspondence I included a letter from Gulf State stating that the account was closed and would be deleted during the next reporting cycle. On March 8, 2002 I recieved an updated credit report from Equifax. Instead of deleting this account it appeared 3 times on my report as an O5 account. On March 31 and April 12, 2002 I sent a cop of a letter that specifically stated that the Gulf State letter was placed on my report 3 times. On April 18th, 2002 I recieved a updated credit report the account was still on the report. When Maynard Byrant showed up to court on May 14, 2002 he handed me a copy of a report that was pulled May 13, 2002 and the account was still on the report even though Mr. Byrant personally went trough my file. Violation of: 1681e 607(b) and 1681i 611 (a)(1)(A) and 1681i (4) Violation #3 ON February 10, 2002 after I contacted Equifax on January 25, 2002 a communication they recieved on January 31, 2002, I pulled a credit report through The Privista credit service, none of the siputed itmes were marked as disputed. Violation of: 1681(c)(f) CBJ
who are you suing? Equifax? Do you have actual damages? did you apply somewhere and get turned down? You need that to make a strong case. If you have been denied, make sure to point that out in court. If you haven't been denied credit, on the way to the courthouse stop by your local bank and get denied for a specific amount. ask for a 5k personal loan, for example. Have the loan officer give you a denial letter (if they can) with the denial reasons. You really need "damages"... and also, when you read the definitions of the fcra, a file you see (like the privista ones) don't constitute as a consumer report... someone else has to see it for it to be a defined report... and for you to then use that report to sue. If you have gotten less than favorable terms on your current credit ( and those inquiries or account reviews are on your report) you can use those too. Lesser terms or lesser lines constitute actual damages. You would want to list every date of account review and creditor too... everything piles up If you don't have any of this and the case gets dismissed without prejudice because you don't have actual damages, tell the Equifax rep while they're there that you're going straight to several local banks, applying for credit, then refiling the case... do they want to come back again or do they want to settle with you now for 1k and deletions... and then follow through. You've got them You just need to have the specifics in there to make it stick! Have fun! Even if it gets dismissed over damages you can refile in a day or 2 and start again
I'm sure you've also read lizardking's posted complaint here and made sure to add into your complaint this... Civil liability for willful noncompliance [15 U.S.C. § 1681n], (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000, (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the failure; (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.(b) Attorney's fees. On 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. Injunctive relief is provided by 15 U.S.C §1681 Under injunctive relief, ask for permanent removal of the items... then list each one.
Thanks for replying. What about damages under 1681n 616 (1)(A) min $100 max $1000? What I'm also trying to do is show the judge that they are so incompetent that she should order them to delete all of the rest of the negatives deleted. Also how do you prove 1681l 614? I have two accounts, that they could not have possibly verified because I have CCCR requests for verification that have been returned to sender... in other words they moved and left no forwarding address. CBJ
Question: How does the court determine between "willful" and "negligent"? I'm assuming that if Maynard came to court with a credit report that has many mistakes, this would be willful. CBJ Thanks for the injunctive relief part, missed that totally. 46 pages and my mind goes, no more, no more.
Thanks to whoever posted the job opening at Equifax. It corresponds with one of the points in Cushman vs. Trans Union in that they paid their CSR $7.50. I will point this out today. CBJ
So any other words of wisdom before I leave? Thought I might hear from LizardKing since he promised to help, but I haven't heard much. CBJ
http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=67940#post67940[/url http://consumers.creditnet.com/stra...threadid=16710&perpage=20&pgnum=&pagenumber=1 http://consumers.creditnet.com/stra...readid=10860&perpage=20&pgnum=54&pagenumber=1 During your research, I hope you looked at these posts, at least. If you feel "uncertain"...can you ask for a continuance? Some of your questions and facts stated above (especially regarding damages) "concerns" me...and I'm no legal beagle either...just my $0.02. Good Luck!
This is likely after you've gone to court... but you list everything under willful and everything under negligent... and let the judge/jury decide which it is. In every good case I've read, that's what the atty did when writing the complaint.
I wish you the best (although I'm sure everything is over by now), however, I'm a little concerned that *hours* before you're going to court, you're here on Creditnet getting information. If you weren't prepared before now, it's likely you should not have gone to court. It's like trying to cram for a test - doesn't work. For everyone - if it is your intent to go to court, please have your ducks in a row BEFORE you file! Just a FYI....take it for what it's worth.
