How do you prove actual damages?

Generally, and IMWO, you want to look at the difference between what you actually spent and what you would have spent had your credit report been accurate.

For example:

Had you been approved on the car loan, you would have spent $500/month on your car payment. Instead, you rented a car for $1000/month.

Regarding the cosigner for your apt., it sounds like pure humiliation, embarrasment.

If you think that your damages are too difficult to calculate, then you could argue for a willful violation, then argue "in the alternative" for actual damages.

 

It sounds like you might be beyond the statute of limitations.

I disagree with your attorney's calculation of actual damages regarding the car. You didn't suffer $15K in damages, you paid $15K LESS for a car of presumably lesser value. How does your attorney figure that you have been damaged in the amount of $15K??

If you had paid $18K for a car that you otherwise could have obtained for $3K, THEN you would have $15K in damages.

Are you sueing under the FCRA? It's a 2 year statute of limitations...when did you file suit?

 

You are way past the SOL on the apartment issue, and it sounds like you are past SOL on the auto.

Are you sure that this guy is an attorney? No offense intended, but that is a wacky way to calculate damages, not to mention SOL issues. Hey, you should have tried to buy a Rols Royce for $150K, then you would have had $147K in damages. LOL

 

Each time someone pulls your credit report and sees incorrect information, it will start the sol over so to speak. If its been reported incorrectly for five years, but you go to a car dealership and are told based upon a credit report they just pulled that they are taking adverse action (i.e. not granting you credit) based on the incorrect information, you can sue based on that episode. I hate to even say there is caselaw, but there truly is. (Sorry...don't have the time or energy to track it down again).

As far as calculating damages...that can be tricky. The difference in interest you have been forced to pay because of incorrect tradelines versus the interest rates you would get without them are actual damages. If you had to pay more for car insurance because of your incorrect credit, the difference would be actual damages, and so on.

I'm with TheKid on this one though...I have a hard time seeing how you could claim the difference in the price of the cars as actual damages. Then again...I've used being denied credit in a certain amount as actual damages and I kinda don't think that would fly if ever challanged either, because there is no guarantee I would have been approved for that amount even without the errors.


L

 

Kid, you are not gonna win one penny..

drop that case ASAP.

you don't have an atty...you know it..and you are past SOL on everything. you got NADA, so just drop it.

 

I got a bit of a wake up call for everyone in here who thinks $1000.00 per violation is a given.

It is NOT!

The FCRA states you can be awarded actual damages of not less then $100 and not more then $1000.00.

The FDCPA states you can receive actual damages not to exceed $1000.00, but the FDCPA law also states you can be awarded Punitive damages.

To prove conduct to justify punitive damages is pretty rough.

My very first lawsuit I was awarded a measly.....Get this....$100.00 per the FCRA & FDCPA.

I had about 10 violations and was quite assured in my mind of walking out with the max of $8000.00.

Nope!! Talk about a slap in the face!

I did however get them to delete the tradeline, so I guess it did work out good for me in the end, and I can say I didn't lose.

I also got no punitive damages as I counted on since these guys did wreak havock on my life by calling constantly, that I had proof of.

I admit I was unprepared to prove actual damages and I couldn't for the life of me state how much money I was out of....It basically was me stating to the judge a bunch of "What if's!"

You must be able to prove your damages if it makes it that far to court and you'd better think of something good to tell the judge or your going to be quite disappointed when you either lose or find out you just won $100.00 when you thought those 20 or so violations were going to get you in a new car.

At this point and time I am well prepared should I have to ever step foot in court again, because of doing my homework I can usually get a defendant to settle with me by just talking about my case and damages to them over the phone, once they are served with the suit they want to settle.

Just a thought for everyone!

Good Luck!

Tac

 

A max of $8,000? How do you figure? A majority of courts have held that the max recoverable under the FDCPA is $1000 PER ACTION, not "per violation".

The FDCPA says nothing about punitive damages..

good luck, thanks 4 the post.

 

Again, this was quite a while ago and of course I know more now then I ever did back then, I was under the impression like alot of people that a violation was equal to $1000.00 each.

I know this is not the case now!

I am just posting this as a wake up call to people like me when I first started out conquering the CA and OC giants looking to make a fast buck and pound violations down their throats to really make them pay.

I have not problem proving my damages now!

As for the $8000.00, this was my max in my small claims court...I thought again, 20 violations = $20,000.00 but, I will cut them a break since my court only allows me to sue you for the max of $8000.00 and give you a $12,000.00 discount. LOL!!!


Tac

 

Got ya! LOL. Yeah, a lot of people on this board assume what I term the "wishful thinking consumer" mindset, where every statutory ambiguity is resolved in favor of the consumer. I believe that this is a source of much of the resentment held towards me...good luck and thanks for the post.

 

Without dealing with the SOL issue, I wanted to comment on the calculation of actual damages in your case.

Your attorney is dead wrong. You are not out the difference in price between the car you wanted and the car you ended up with, you are out the right to borrow a particular sum of money.

The amount of interest you would have paid on the original car is a measure of your damage. It is a measure of the value (to you) of possessing the car - You would have paid X dollars to drive that car versus the one that you are driving. You might add to that any additional costs of insurance, etc. that you would have paid to drive the other car.

The differences in what you would have paid are an objective (but novel) measure of damages.

 

demon

Why did you wait 2 years to check your credit? That is a question a judge or attorney would ask? Also, I would strongly question the training of your attorney based on how he is trying to calculate damages. It would be a novel approach at best. If you are still within the SOL you might be able to claim damages for loss of use of the vehicle and even that is probably stretching it. Actual damages generally have been taken to mean the extra interest you pay on a debt because of errors, extra insurance premiums you have to pay, and things of that sort.


fla-tan

 

demon-

you had 2 years from the time that you were denied the loan to file suit.

 

An attorney told you this? This won't fly. Find a new attorney.

 

What about something like this....

Applying for a mortgage,

The lender pulls a credit report and asks about a collection account. One that you have tried to get removed based on it being reported inaccurately and in error. They tell you that if this was not on there they could give you an 8% interest rate. With it on your CR they will give you say 9%. If they were to put this in writing, would something like that fly?

 

I think that it would fly, especially if you take the mortgage at 9%. Ask for future damages as well...

 

So in order for it to be actual one would have to accept the rate? Or would just the fact that it is offered as such be enough?