The letter does say that the mediation is NOT binding. If either party is unsatisfied with the process or outcome, you go directly to trial. **I should clarify. These accounts were included in a CH13 2 years ago. The amounts noted as "high credit" or "most owed" differed from my records and also differed from the amounts the OC gave to the trustee. Basically, the amounts grew over the time in question up until current date. I asked for validation of the amounts. THey pulled my credit to "see what we are reporting." I wrote a letter. They said they had every right to do it because I questioned their reporting. (I don't know what that has to do with anything.) I wrote the final letter, CRRR, to the President of the bank. About two weeks later I got a letter from a Sr. VP that said "as an act of goodwill we are deleting the hard inquiry. Have a nice day!" I had already filed the suit the day before. They blatantly refused to correct the inaccuracies or to delete the tradeline altogether. Here is my proof: 1. Credit reports pulled throughout the communication with the accounts not noted as "in dispute." There are probably 10 different reports on different days. 2. Copy of report with hard inquiry. This inquiry was later deleted as "an act of goodwill on behalf of the bank." 3. Copies of all letters and correspondence. 4. Schedule showing balance at filing date, at Trustee's call for debts, at deadline for debt filing, and currently. There is about a $1,000 difference in these amounts due to interest/penalties. My opinion is that they should have ceased accruing as of the date of filing. They said their pollicy is to stop accruing as soon as they are notified of the filing & don't correct it after that. The dates on my schedule show that they dont adhere to their own policy. My only true exposure here is the fact that I don't have any damages! I just tried to force them to be 100% accurate in their reporting. Now, we are going to court.....
Keepmine, what you are pointing out is exactly what is keeping me up at night. They were the largest creditor, by far, in the CH 13. Did I stir up a hornet's nest? Should I back out of the whole thing? Can I back out of the whole thing? Signed, Nervous Nellie
If they were going to countersue, they should have done it in the time period listed on the summons you sent them, usually 20 days. Don't back out. This is the same crap that the local Experian pulled on me with my lawsuit. They bumped it from small claims to justice court, then to federal court and asked for a jury trial. I called their atty who had never been given my offer of settlement. We screwed around for awhile, going back and forth, but eventually, about 60 days after I filed, we settled for every deletion I asked for. In my opinion, they are trying to scare you.Don't back down. I bet they call a few days before court to settle.
Lisa, I don't think it's too late for anything. Why not call whomever handled your bk and ask for 20 or 30 minutes of time and see what they think?
LisaMC, thats what I am trying to say, If they haven't countersued and they are asking for a Jury trial, they are basically grasping at all the straws to make you fold or give up. I think you have a wonderful case and I don't want you to get detoured into mediation or listening to their blatant BS. Just stay focused, get caselaw and you should have no problem with beating this.
You guys are the best! Thanks for all of your knowledge, experience, and most of all encouragement. I am a newbie lawsuit filer! This is my first case. I, frankly, am scared to death. The logical side of me just can not understand what they are doing. Makes no sense. If they truly are grasping at straws, it would make more sense to me. I am not going to call it off. I will press on........yikes! LisaMc PS What could they have countersued for? I still don't understand that idea.
LKH, Ha! Ha! If you could read the correspondence between us throughout this mess, it would just crack you up. They are so incredibly, amazingly, arrogant and pretentious!!!! It just seems to me that this attitude would not forward their cause at all--rather it would just piss off the people they were touting their virtue to. I guess if I was Godlike, like them, I would be able to see past my own peon insignificance. Since I lack their superior intellect, I did all that I could in this situation. I scraped together $55 and sued them.
In NH you can file for claims up to $5K, BUT if you are suing for anything over $1500, the defendant CAN request a jury trial. It says "NOTE: Claims over $1500 entitle the defendant to request a jury trial." It says this on the bottom of the SC form I filled out.
I looked ... great site! If I need a gift in the near future, I will be shopping there. However, I saw NO NEKKID dancing ) Had I, I would have bought the farm. LOL -Peace, Dave
Well if you do. I won't be as poor. BTW those rings are being sold by a major video store for 24.95 so my deal is better. The box lights up from the inside, I am getting alot of buyers. Wiped out my initial stock but I have more coming.
If you can request a jury trial in small claims, then I bet you can get a lawyer to represent you. You are entitled to $1000 per incident plus all legal fees. Another thought - If they are going to go that far with it, why not take it to Superior court and get a lawyer who will go on contingency with you. Tha way you can get more money (for damages).
Dear Lisa, You are clearly in the drivers seat on this one. Suppose your jury were made up of CreditNetters. How would you feel about going to court then??? Well ... they are the same people as us. They just don't know yet how pervasive the problem is. A substantial part of your case will be to educate the jury. You will "bring them up to speed" on how these people opperate. Do this part right and you'll be home free. And speaking of free ... If it were I, I'd revise my suit to sue for the maximum this court will permit. (Reverse Intimidation) Here's an FTC Staff Opinion that might help you: Mr. Kenneth J. Benner American Council on Consumer Awareness Post Office Box 17291 St. Paul, Minnesota 55117 Re: Sections 604(a)(3), 607(e), and 609(a)(3) of the Fair Credit Reporting Act Dear Mr. Benner: This responds to your letters concerning whether the Fair Credit Reporting Act ("FCRA") permits a party to obtain a credit report on a consumer under certain circumstances. We list the three questions you posed verbatim, with our opinion following each. 1. How long after a consumer terminates an account does a previous credit card issuer or lender have access to the consumer's credit file? Section 604(a)(3)(A) of the FCRA provides a consumer reporting agency ("CRA," usually a credit bureau) with a permissible purpose to provide a report on a consumer to a person who "intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer."(1) Once an account is closed because the consumer has paid the debt in full (and also, in the case of an open-end account such as a credit card account, notified the creditor to close the account), it is our view that no permissible purpose exists for a CRA to provide file information on a consumer to the creditor. Because there no longer exists any account to "review" and the consumer is not applying for credit, the FCRA provides no permissible purpose for the creditor to receive a consumer report from a CRA. I enclose a recent staff opinion letter (Gowen, 04/29/99) that discusses this issue in more detail. http://www.ftc.gov/os/statutes/fcra/benner.htm You'll want to see Gowen too.
Lisa, "Far, far better it is to dare mighty things to win gloreous triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in that gray twilght that knows neither victory nor defeat." [size=.5]Winston Churchill[/size]
LisaMc, Why do it? You have answered the question yourself.They have injected DOUBT into your mind, you now have a hundred "what-ifs" running around in your head. This really sounds like a case of them delaying to see if you are serious about going to court. Now you have to spend the time and energy to prepare, while they have to do nothing. Do some discovery, ask them to produce documents that may be used at trial, do anything that causes then grief and makes them spend time and money on your case, file a motion that would cause them to show up in court to argue. In other words beat them at their own game. John
