Jlynn TU's Lawyers called (pissed )

Discussion in 'Credit Talk' started by lsmith15, Aug 28, 2003.

  1. lsmith15

    lsmith15 Well-Known Member

    I faxed over my rejection of their offer to settle telling them I would not agree to anything that did not delete the 6 items I disputed online.....they r pissed gonna do a partial settlement as they said I think they have to remove them but he thinks they don't so he wants to settle everything but take the 6 items deletion and try that in court......he feels the courts won't make them delete that so I agreed we will settle everything and try section 611 the 30 day period in court. If any one can help me on case history where I can show that they have been ordered to remove I will greatly love the help!!!!!!!!
     
  2. Flyingifr

    Flyingifr Well-Known Member

    How about posting some more info on the grounds for the suit?

    I am also suing two out of the three CRA's and I have letters from each creditor acknowledging the trade line is incorrect and requesting its deletion, but the cRA refuses to delete. What do you have?

    My suit is based on the failure of the CRA to maintain "maximum accuracy" in my credit file and failure to "consider consumer-provided documentation", both explicitly required under FCRA.
     
  3. lsmith15

    lsmith15 Well-Known Member

    Flyingify..... I have them on FCRA Section 623 they refused to correct information after being provided proof which carries damages of upto the extent incurred by the wronged party, and three violations of Section 611 they did not respond to 2 letters asking for investigation and one online request for investigation......and Section 605 they re-aged two of my tax liens. They are fighting me tooth and nail right now cause the last online request I did in May was for the Bankruptcy and some lliens and they never responded within the 30 when I sent them my counter offer to settle they refused to agree to removing the 6 items I disputed online saying they don't have to respond to me in the 30 days so we r gonna do a partial settlement and he said that we can take that to court he feels TU's lawyer that the courts will not order them to remove those Items cause now they have verified them that they r mine......I say they did not respond within the 30days and that the FCRA section 611 says they do even fax over a FTC opinion letter addressing that very issue Jlynn gave that to me and so he is pissed ...so I will take that part to court and see if the courts agree with me that they have to be removed regardless.
     
  4. jlynn

    jlynn Well-Known Member

    Re: Re: Jlynn TU's Lawyers called (pissed )

    Oh Lordy, now TU is pissed at jlynn and I haven't even had the opportunity to sue them yet. LOL!

    Seriously, you are in good hands with Flyingfr - too deep into the legal part for me now.

    You might also search around on Lizardking's posts. I think he was the sue the CRA king as well.

    Good luck and keep us posted!
     
  5. lsmith15

    lsmith15 Well-Known Member

    Re: Re: Jlynn TU's Lawyers called (pissed )

    I ment to say that TU's Lawyer is pissed that I came back with that letter u turned me onto....whispers to jlynn never ever gave them ur name LOL......he felt after talking to me yesterday that we had an agreement but after thinking about it they were backing me into a cornor by making me sign off that everything else on my CR was true and accurate...well all six items I disputed had something wrong .........wrong filing date discharge date 0 assets 0 liabilities Wrong wrong wrong but I was gonna have to live with that.........not now still gonna get my settlement money and a chance to take TU to court over Section 611

    If anyone has any info on some case history about courts agreeing on the removal of itmes after the 30 day peroid has gone and the CRA did not respond would be very VERY helpful.

    He (TU's lawyer) keeps bringing up the fact that they have now verified that it is in fact mine but what he does not know is that when I disputed it online I did not dispute it as "not mine" I disputed it as wrong arount.
     
  6. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: Re: Jlynn TU's Lawyers called (pissed )

    Since I'm also involved in suing CRA's (TU and EFX) for essentially the sae thing, I'll let you know after trial. I'm just waiting for a trial date.

    There's a big difference between "mine" and "accurate". Maybe learned counsel will find that out some day.
     
  7. gmaof1

    gmaof1 Well-Known Member

    Re: Re: Re: Jlynn TU's Lawyers called (pissed )

    First off let me "validate", yes, I'm a newbie. With that being said, here's what I THOUGHT I had learned so far.
    When you sue, whether or not you owe the debt in question is not an issue. The issue is only whether or not they violated the FCRA OR FDCPA.
    IF, AND I SAY IF, that is true, and you are suing for violations, how can a court order removal - unless you can prove that the debts are not yours?
    Just wondering?
     
  8. tmitchell

    tmitchell Well-Known Member

    Re: Re: Re: Jlynn TU's Lawyers called (pissed )

    The court may not necessarily order removal. The hope is that the CRA settles out of court (or even in court) and you add removal as part of the settlement.
     

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