RE: FCRA and common law libel Geez, I hate to say I told you so but at least you found out for free right Roni? Good luck on getting this thing over with. You are in a good position anyway and rebuilding quite nicely on your own smarts! You just may be a credit counselor after all )> Cheers! Kristi roni wrote: ------------------------------- Your Mr FArber told me I had no case. Point blank. AT least he knows what he is talking about. STopping arguing with Kristi and take a moment to breath. Dang man. I dont have a leg to stand on. And I definitely cant get damages if I dont even have a case. roni. Pat wrote: ------------------------------- as I stated above: tell him you want to sue the original creditor for libel and violation of the FCRA. (he and I have a difference of opinion on whether the FCRA applies to creditors) to make myself clearer: I do not believe that creditors are liable under the FCRA. It is clear that if they communicate a false, derogatory statement (an incorrect charge off date) to a third party (the CRAs) via a non verbal medium (eg in writing or via electronic communication) then they are liable for libel. The reason I suggest Mr. Farber, even though he may not be licensed to practice in every state, is because he can bring an action in Federal Court in any state. I agree th....
RE: Lawsuit abuse is not the a Roni, I know it gets frustrating always trying to do this on your own but I knew what I knew and am just glad you found out on your own & for free. Mr. Farber was mentioned then when it turned out you had no case, he was suddenly not interested. I said all along that there was no case here, it was simply not done with forethough and intended malice. That being said, I say leave it be if you are greatful with it coming off in 13 months and focus on those annoying student loans! BTW, have you found the ombudsman helpful or a run around? I am writing another article for junum and could use some life experiences for feedback. Take care Roni, roni wrote: ------------------------------- Kristi, I hope you did not really think I was going to sue anyone. I was funny. I think the election results had me ready to sue someone. LOL. If I had it in me to sue my student loan situation would definitely be pursued before a discover account about 13 months from being deleted. I wanted to hear it from an attorney. One that Pat recommended since, Pat is oh so ready to sue. WEll I found out my answer today. I have read parts of the FCRA old, new and amended. I know that there is nowhere that it states that creditors have to charge off in a certain time. Not in the FCRA or the Fair Debt Collection ACT. So, I guess, my point was to use the referral and get my own suspicions satisfied. I ask questions here and donot always get a straight forward or to the point answer. At least I didnot get one last night when I asked this question. As I have stated in prior postings, I mostly rely on my own ability to read the laws. Since I am fairly intelligent, I have been successful....
RE: simple: '91 charge off I am not an attorney. Mr. Farber is an attorney. I have read the statute and the case law (50 cases) and tried one case pro se. Mr. Farber has represented me in one such matter. Mr. Farber has read the statute, and has successfully settled FCRA claims. I am unaware if he has won an FCRA lawsuit at trial. Mr. Farber is a smart lawyer. He believes that based on certain Federal Circuit Rulings, the FCRA creates liability for creditors. I disagree. The FCRA has not yet been fully interpreted by higher courts. This is the nature of case law. Mr. Farber is a good lawyer. I disagree with his interpretation over recent case law.
RE: Lawsuit abuse is not the a The verdict is still out. I will tell you this. The ombudsman's office obtained the phone records of the lender which verify's my story 100%. They have copied of all my attempts to get this cleared. Since I havenot reached a resolution, I can not say it has been a runaround. My case was interrupted because my agent left his position in aug. I had to start over with this new guy last week. He sounds very promising. They get back with me when I call them. So far they have not given me a runaround. I recommend anyone to them. And on the back of any student loan payment form or bill, it refers to them to contact if there is a dispute with a lender. They definitely cut down on uninformed cust serv reps at the lending offices who know nothing about student loans and then try to tell you about your own loans. roni. Kristi wrote: ------------------------------- Roni, I know it gets frustrating always trying to do this on your own but I knew what I knew and am just glad you found out on your own & for free. Mr. Farber was mentioned then when it turned out you had no case, he was suddenly not interested. I said all along that there was no case here, it was simply not done with forethough and intended malice. That being said, I say leave it be if you are greatful with it coming off in 13 months and focus on those annoying student loans! BTW, have you found the ombudsman helpful or a run around? I am writing another article for junum and could use some life experiences for feedback. Take care Roni, roni wrote: ------------------------------- Kristi, I hope you did not really think I was going to sue anyone. I was funny. I think the election results had me ready to sue someone. LOL. If I had it in me to sue my student loan situation would definitely be pursued before a discover account about 13 months from being deleted. I wanted ....
