Many posters on this board (especially the vets) have stressed the importance of being able to prove actual damages before going to court. If you can show that the creditor's violations have caused you actual damage, then you stand a greater chance of winning your case and/or receiving a better settlement. I have been disputing for several months now and have collected a number of violations on various CAs and OCs. Some of the violations are more severe than others. The problem is that I currently have no actual damages because I haven't applied for anything recently (hate to apply when you know your credit stinks). Here are the current tradelines on my CRs that have violations associated with them: 1. CA $238 (recent collection) - Failed to validate but verified with CRA anyway; failed to mark account in dispute (EQ,EX,TU) 2. CA $53 (older collection) - Failed to validate but verified with CRA anyway; failed to mark account in dispute (EQ,EX) 3. Sherman Acquisition (recent collection) - Attempt to collect $12K debt that was discharged in BK; verified incorrectly as $12K open collection account; failed to validate but verified with CRA anyway; failed to mark account in dispute (EX) 4. MBNA - Refused to list account as discharged in BK and reported as paid chargeoff instead; TU failed to investigate on 2nd round (EQ,TU) 5. BofA - Refused to list account as discharged in BK and reported as paid chargeoff instead (EQ) How important is it to have actual damages before filing a lawsuit, and what is the best way to incur those damages in a way that provides good evidence in court and also ties them to specific violations? With multiple negatives on your report, isn't it difficult to prove in court which negative was directly responsible for your damages? I can apply for either credit cards or mortgages but need to figure out the most effective way to go about it. I prefer to apply for mortgages because (a) I can show more damages due to my existing 8.75% mortgage that I'm trying to refinance, and (b) all mortgage inquiries within 30 days count as 1 hard inquiry on FICO. Any opinions or suggestions? Thanks.
Many posters on this board (especially the vets) have stressed the importance of being able to prove actual damages before going to court. greenvan As applies to what FDCPA or FCRA ? The END ************************* LB 59
