I am going through with my very first case as pro se litigant. I would like the board's opinion about whether I have a strong case. I started an investigation with EQ in the second week of June and it was completed in Mid-July. Where they sent me all the items I disputed deleted except two that are still in the process of being removed and they were not real bad items to prevent me from getting a loan. So I applied thinking that my credit was fine and of course I also thought my score was higher. Then last week I applied for a loan and they pulled my credit and all the negative items that were supposed to have been removed were not and it triggered a denial from the bank. The credit pulled on that particular day was the cause in part or in whole as to why I was denied. Then I contacted Equifax and they told me it had been deleted, but when I checked my report online the items were still there and then suspiciously after I had called the day before about my file not being updated, it was finally updated but the still had some of the derogatory information on my file. They had removed some but not all as they were supposed to the first time. Now I have gotten the forms to file and drafted my own complaint and have gotten the registered agent for EQ and gotten the persOn to address regarding potential lawsuits in EQ's legal department and calculated my damages. My question is do you think I have a strong case? I would just like my file corrected but they also managed to delete half of student loans which is tanked my Fico score. But I am also thinking about requesting all negative info deleted I only two or three remaining. I did all my legal research and I feel very prepared for my arguments and their arguments. Should I settle for deletion of all derogs or fight to get money out of it as well full deletion. This loan denial was very costly. However, if I have a cleaned up report, I can still get my loan,,the loan officer told me, once it was straightened out with EQ he would be willing to reconsider my loan and I would most likely get the loan based on my overall credit without the negatives. Please let me know what you think? Thanks in advance Cyprigirl
Just a thought. If you do go to trial (which is unlikely but possible) you could lose. Then, you end up with all the negatives on your report and not a whole lot of options. I would sue and then settle for a deletion of all negatives on my report. Then, reapply for the loan. I had a friend with a great PI case who went to trial and lost. He got nothing. That influenced me a lot two weeks ago when I settled my PI case.
On what grounds did he lose his case, I am just curious and was in this in a state court or a federal court? Thanks, Cypri
He was seriously hurt in an auto accident. Had to close his law practice to rehab. He worked at it day and night and after five years was back to normal. Then the case went to trial. The other attorney basically said "look at him - there is nothing wrong with him - just some shyster lawyer trying to pull a fast one and get some free money." It was a stupid argument but the jury bought it. It was tried in state court in Miami. My point is that you should never trust a judge or a jury.
FILE. You have a great case as long as you have copies of those reports. File it, and wait for their call. They don't even want it to go to court. Odds are they'll offer full deletions of all derogs to make you dismiss the case.
If they offer to delete the derog. info I would definatley settle. Even if there is a 1% chance I could lose in court. It's still a "chance" and not worth it to me. If they do offer to settle and remove, I would see if you can get a agreement for them to add the student loans back on.(the ones that caused your score to tank when deleted) And agree that if the same derog. info somehow re-appeared it would be removed. we all know how things just appear as if by magic a few months after they have been removed. goodluck to you, please let us know what happens. candi
Cyprigirl, If I recall correctly in one of Lizardking's previous post he stated that the reason he had been successful with his law suit against the CRA's was because he offered to drop the suit if they deleted all the negatives on his profiles. In other words he gave them a way out. I think that's an excellent strategy and would suggest you do the same. Hopefully Lizardking will see your post and give you his opinion. Manny
Thanks to everyone for their opinions, I am strongly leaning towards a settlement. But I wan them to feel teh pressure a little, I am tired of the runaround. I have all my copies and I am trying to get the bank to send me a copy of the report they pulled that day. But I still want to prepare myself as much as possible if they decide to fight, I want to have to have a solid legal footing. I strongly advise others to do their homework if you are contemplating suing the CRAS. I want to make my case strong enough where they won't want to chance it by losing money. They have really screwed up my file and I am speaking with hte loan officer to reconsider because the EQ reports cannot be trusted in my case at this point and that I would prefer they pull my Experian report. Trans Union I have a similar problem with them. Thanks Chris I appreciate your earlier comments! I seriously beginning to believe that the CRAS are the ones messing with our files. It just cannot be a coincidence that many people on this board or those frequently disputing are having positive tradelines disappearing, but the negative tradelines always seem to remain put. i really think there is some inside retaliation agianst those trying to repair their credits. I have no facts, but this has happened to me at two of the credit bureaus, EX played games at first until I got involved with their legal department. Anyway just my 2 cents! Cypri
