I've never done this lawsuit thing

Discussion in 'Credit Talk' started by Quixote, Aug 6, 2002.

Thread Status:
Not open for further replies.
  1. Butch

    Butch Well-Known Member

    Re: The point

    Hi Greg,

    While admittedly there's a big difference between willful and negligent noncompliance I don't believe that what Quix is doing with them is a NONvictory.

    After all, he's dragging them into court, putting them through that legal expense, and generally causing them considerable "pain in the ass" type nuisance work.

    This is all very expensive for them even tho Tom may never see a penny. Dragging them through the keyhole butt first is a victory in and of itself.

    That may not qualify as total victory but it's not exactly a waste of time, is it? Maybe they will think twice before screwing up with the next person. And I bet the inq comes off in the process.

    :)
     
  2. G. Fisher

    G. Fisher Banned

    Re: The point

    "That may not qualify as total victory but it's not exactly a waste of time, is it?"

    Yes.
     
  3. Butch

    Butch Well-Known Member

    Re: The point

    Well that explains it.

    lol
     
  4. mark

    mark Well-Known Member

    Re: The point

    i dont see the problem here, there were FCRA violations, regardless of how they came about, there they are. right?
    open and shut case.

    you can argue all day that the nutcase letter wasnt warranted, doesnt change the fact that Macy's did not follow the FCRA.

    I think the worst that you'd get out of this is some cash for their violations and a hard inquiry removed.
    and stress until that occurs, of course.
    imho
     
  5. Butch

    Butch Well-Known Member

    Re: The point

    Greg is right in that, it's not quite that simple Imlost.
     
  6. Quixote

    Quixote Well-Known Member

    Re: The point

    So if I get laughed out of court, I'm out twenty eight bucks and a few hours of my life in exchange for a terrific learning experience. Others may even benefit vicariously from my crashing defeat.

    On the other hand, after I pointed out to them several times in certified letters that what they were and are doing is not in compliance with the law, can they still claim negligence? We'll find out. October 4th.

    I agree with you that the law is flawed. Given that the law says that the CRA's can simply ask the OC, "Zis OK?", and when the OC responds, "Zats OK", the CRA can legally report back that , "Zats OK." I don't see where I have any grounds under the current law to sue the CRA. I do see lots of opportunity for going after the OC, the "Furnisher" in FCRA language, for knowingly "furnishing" faulty info.

    I don't see any down side to this. If I totally lose, I'm stuck with an inquiry on my report for another eighteen months. Big Deal. The paid charge off goes away in ten months anyway. Another Big Deal. Yawn. It has No bearing whatsoever on my mortgage situation. As soon as Chevron and Cap1 were knocked out of the way, the mortgage became possible. My scores are high enough (see below--- they've all gone up 10-20 points since I last updated). A six year old paid charge off that only shows up on one report isn't going to kill me. The mortgage companies all seem to only really care about the last two years.
    That's one way to look at it, I suppose. I look at differently, as you would probably expect. :p When I first started looking into improving my credit, I though it was an impossible task. I found this place, signed on and even posted a few times under the oh-so-flashy screen name of tda325. Then the bug bit me. I suddenly realized that maybe, just maybe, I could do this. Maybe I could improve my credit. Maybe I could improve the life of not only myself, but far more importantly, my wife and daughter. Maybe I could, dare I even think it? maybe I could even get my credit clean enough to buy a house. Seemed like an Impossible Dream to me, but I was willing to try; to pick up the challenge, hoping that I'd be able to get enough help here to get it done. I'm not sure I really believed it, but I was hoping really hard. So I got my new screen name, tilted my whatever-that-thing-is-that-they-tilt and away I went. Now, well, I wear my optimism, as well as my screen name as a badge of pride. It works for me. I think it's one of my best things. I'm thinking my next car needs Quixote on the license plate.

    I've worked really hard at this. I've gotten over 75 derogatory trade listings removed between my CR's and those of The Lovely Mrs. Quixote. We're buying a house. A nice one. Two thousand sq. ft. on 3/4 acre in a very nice neighborhood. I have already qualified, and should have finalized next week, for a Stated Income, Stated Asset loan. Basically they check my pulse, and fund the loan. At 6 7/8 percent with one point. Not bad. If I hadn't just needed to change jobs and had more cabbage stuffed away, we could have gotten a better rate, but the fact that I'm able to get a decent rate on a $271,200 loan on basically just my signature, on the strength of my credit reports, just fourteen months after first tilting at my personal windmills, well, dang it, I'm kinda proud of that. You can choose to believe me or not. It's entirely up to you. There's over a thousand posts to look back through if think I might have some ulterior agenda.
    EggZachry.
     
  7. G. Fisher

    G. Fisher Banned

    The end game

    A lawyer in an infamous credit reporting error case told me about the most damaging testimony in the trial-- a manager of the credit reporting agency who just didn't know the rules of the FCRA.

    Right now, whether it is damaging, or not-- and indeed, whether it exists-- is heresay. But when that part of the trial transcript is published on web, it will change everything. The mere exposing of something like that will make a huge difference.

    I can probably count on one hand the actual documented (the actual evidence) and published cases of creditors and credit bureaus mishandling issues like yours. But to read the message boards, they happen at a rate of 100 per second. Should I believe it all?

    Will you publish your documents? Wouldn't that be just as important as winning-- if not more so? And, I would be curious to see how the chain of command would react: Imagine your case, then, if you had everybody up to the president making foolish statements (instead of just some flunky clerk that they can use as their fall guy). Now, that's entertainment.
     
  8. Quixote

    Quixote Well-Known Member

    Re: The end game

    If by my letters, I'll do what I can. Still haven't found them in any of my zip files..As new letters are sent and received, I'll be posting them in this thread. I've alread posted my offer of settlement letter above.
    I'm not sure why anything would be more important than winning the case.
    Believe me, so would I. So far , not a peep. There has been no offer to accept or reject. Believe me. If, as in the case you cited above, they offer 4K to go away, I'll be gone very quickly.
    Now you're starting to get into the proper spirit of things...;)
     
  9. G. Fisher

    G. Fisher Banned

    Re: The end game

    What are the certified mail receipt numbers?
     
  10. lbrown59

    lbrown59 Well-Known Member

    Re: The point

    So for this we are supposed to over pay for loans and insurance????

    LB 59

     
  11. Quixote

    Quixote Well-Known Member

    Re: The end game

    Why in the world would you ask that?
     
  12. lbrown59

    lbrown59 Well-Known Member

    Quixote, I really admire your gumption in filing this lawsuit
    MandyB
    --------------------------
    So do
     
  13. LKH

    LKH Well-Known Member

    Re: The end game

    So he can go to the post office site and verify you sent them????
    For what it's worth, I don't think you need to post it. The letters would be nice to see as it may help others, but I believe in you 100% no questions asked.
     
  14. Quixote

    Quixote Well-Known Member

    Re: The end game

    Thanks LKH. I sorta figured that Greg is trying to double check me. I guess I just wonder why my word is all of the sudden suspect; at least with some people. If I was trying to peddle something here, I would totally understand someone trying to verify any claims I might make. But, hey I'm just providing the narration for a small little adventure going on in my life. Anybody who wants to watch or not watch, listen or not listen, believe me or not believe me, is perfectly welcome to. I have nothing to sell here.

    I certainly could re-type the letters in here, but I'm not a fast typist, and, frankly, I've got better things to do. If I find the files I guess I might as well post them, considering I've already posted the offer for settlement letter. The only caveat I'll put on that is that the letters I sent them were developed when I was signed up with Bill Bauer. Despite the fact that apparently Bill and I don't get along so well anymore, out of courtesy to Bill, I will ask his permission before posting the letters, as I think he has copyrighted some of his template letters. Not sure about that, but I'll check with him (if he'll reply to me, that is).

    I just can't figure out what's bugging Greg.... Why would I make all this up? Why is Greg so tanked up about this? It can't possibly affect him directly, whether it's true or not, can it?
     
  15. LKH

    LKH Well-Known Member

    Re: The end game

    Does it affect him? Who knows. Greg, as far as I know is anti-cra. He has a strong way of doing and saying things. But his purpose to all of this defies me.
     
  16. G. Fisher

    G. Fisher Banned

    Re: The end game

    Let me say this again (and, by the way, I'm pro-accuracy) I can probably count on one hand the actual documented (the actual evidence) and published cases of creditors and credit bureaus mishandling issues like yours. But to read the message boards, they happen at a rate of 100 per second. Should I believe it all?

    I just want the truth, and I don't know you from Adam.

    If you post the numbers of the certified mail return receipts, anybody reading this message board can verify your veracity about that particular issue of this case by going to http://www.usps.com/shipping/trackandconfirm.htm and confirm an actual letter was deliverd on a particular date. It gives your story some degree of credibility, and makes it more intriguing.

    Take a step back. I went to a county fair last night and goaded five of my friends into paying $2 to see the "ape woman freakshow (discovered in 2000, believed to be the daughter of missionaries in Africa!). I actually had compunction about it because I didn't want to be a part of the exploitation of a poor deformed or diseased human being.

    As it turned out, it was a corny mirror trick. And to think that I actually believed there was a real, living being... It is as if I've made some great stride over a great divide between my ignorance and the truth.

    How is anybody supposed to take anything on the Internet seriously? And now that someone has asked for the number, but the supposed plaintiff refuses to give it, doesn't that cast doubt on the story?

    Did you keep photocopies of the letters you sent?
     
  17. Quixote

    Quixote Well-Known Member

    Re: The end game

    The thing is, Greg, as I've already stated, not in so many words, I don't give a damn whether you believe me or not. I'm not trying to sell you anything, do business with you, and I certainly owe you nothing.

    I've also said at least three times now that I have photocopies of the letter. I have also said that they were very simple letter that I got from Bill Bauer. I have also said I don't know how many times, THE ONLY ISSUE IS WHETHER MACY'S HAD A PERMISSIBLE PURPOSE TO PUT AN NQUIRY ON MY CREDIT REPORT ON JANUARY 24, 2002. The rest of this nonsense is just that; nonsense.
     
  18. mark

    mark Well-Known Member

    Re: The end game

    i still dont see the problem here. you could nitpick every posting on the board in this fashion if you wanted to.
     
  19. lbrown59

    lbrown59 Well-Known Member

    Re: The end game

    You're having a bigger problem with him than me aren't you?
     
  20. Quixote

    Quixote Well-Known Member

    Re: The end game

    OK, now that was a funny. :)
     
Thread Status:
Not open for further replies.

Share This Page