Lawsuit today against CA (Long)

Well I went to court today. Judge will make a decision in 14 days.

I argued that I gave them ample time to remove the account from my Credit Report. I did not deny that it was automated reporting but did show a copy of a UDF from a previous account to the judge showing that information can be changed/deleted.

I asked for damages resulting from purchasing a car at high interest after giving the CA ample time to agree to the settlement letter.

The CA countered by saying that the letter I presented was (he was trying to skirt the word fraudulent) a good phony but they don't put anything resembling the word deletion in their letters. I countered by using his evidence and stating that it was ONLY after I filed the lawsuit that the company decided to go back to the original deal and remove the account. (The accounts are gone).

So, if I loose they will probably put the accounts back on my CR. There was no mention of this, but knowing this CA I'm sure it will happen.

Basically, I presented my information regarding my government clearance and how it was in jeopardy. I presented a copy of the contract for my new car with a higher intrest rate as well as a letter from the finance company stating that I would have qualified for better rates given that the account was removed. He did not deny that I contacted him about purchasing a new vehicle 60 days prior to purchasing it and telling him that I need the item removed. He did not counter the fact that I have a clearance to protect. I told the judge that this was the reason why this is all taking place. I gave them two years to remove the account after I disputed it many times. I gave the judge all my letters that I sent to the CA in response to them verifying the account these past two years. The account was scheuled for deletion in 03, it's gone right now.

I told the judge that it wasn't about the money, it was that this company lied to me and caused me damages when they knew they were in the wrong but continue to deny they were.

The CA says that they are under guidelines to report accurate information regardless of what they tell me and that there lawyers won't let them put the word deletion in anything. Even though he introduced into evidence a copy of the form letter they sent when I agreed to settle stating that the account could be changed and or updated in response to this settlement offer.

The settlement letter I got from them when I paid them said that the disposition would be reported to the CRA's. Then it said that the item would be removed upon my filing a consumer dispute.

I sued for $500 a year for the next four years or the entire amount of $2000.00. I'm thinking I lost, I guess they beat me but I a negative person. I don't know where in the FCRA it says they have to delete an item even if they say they are going to.

I know that my EFX report says the account was reported in 2/02, but settled in 2000. I also know that they did remove the items from my reports. But who knows if they will re-report them.

I didn't get a chance to argue the FCRA regarding the account being reported very well. He said that the accounts are reported almost instantly after settlment, I tried to argue that my EFX report says the account was reported in 02/02 but I don't know if the judge was listening very well to that.

Any comments? It's a general synopsis of my hearing. If you have questions/comments please speak. I want to know what you guys think.

 

It was small claims court. The CA office is about 4 miles from my house. They showed up with bogus information trying to make me look bad. After a little rest this afternoon, I'm now seeing how they turned something bad against them into a toss-up.

I showed the judge my damages (interes rate) and the information from my clearance. I didn't have much info in thier in regards to the FCRA, FDCPA or FCBA. There were violations. Basically not notifing the CRA the items were in dispute. Report the item incorrectly as opened on 02/02 on my Ex report (when it's been closed for years). I couldn't find any FTC letters at the time. The judge said he would look at the documents submitted, check the FCRA and get back to us in less than 14 days with a decision. The judge does (in small claims) ask why you're suing this party and to explain in detail reasons why. He will also ask what the amount of your claim is and how you come to that figure. It's pretty simple.

 

There was one person from the CA and he was the Office Manager. The whole process from filing to the day in court was 30 days, I don't know if I won or lost yet so you can add another 14 days on top of that. It's $20 to file in the state I live in. You might have mixed results with Arrow Financial and better yet, even if you get a judgement against them they might be able to get it vacated and a new trial. I'd love to go after Arrow myself but we'll see what happens with this one first.

 

It wasn't a matter of the violations of FCRA really, but yes I did have the entire copy of the FCRA with sections highlighted but the judge was not interested in that. He said he would look it up himself and make a ruling. As far as being prepared:

I had the letter from the finance agent who financed my car at the dealership thanking me for purchasing vehicle and telling me they could offer me 1.9% rate if I can get the account removed within 30 days.

I had the notice from the defendant (CA) that he used in his arguement. It was a history of our entire conversation. Although I never got a chance to point out to the judge the fact that in the letter their Data Services Provider wrote it says that this is the entire history of my file. I noticed that it's not really the entire history but someone cut and pasted sections together. how can you have a chronological computer printout that jumps from 98 to 99 then back to 98 and to 01 and to 00. I don't think it makes any sense. I'm hoping the judge goes throught the evidence a little better.

I had all the copies of the letters I sent to the CA during the two years that I was disputing it. As well as a copy of the letters I received from the government regarding the account and my clearance.

I gave the contract for the new car to the judge and when he asked how I arrived at my figure I told him I wanted $500 a year for four years or 5% interest for each year on the price of the car. He wrote the figures down did some math and seemed okay with that figure.

There were only two defenses the CA had:

1 - We dispute the validity of the settlement letter that was presented to us, therefore because we cannot confirm it's truth, we cannot uphold it.

2 - We are an automated agency and would never ever mention the word deletion in any of our correspondence because we are a collection agency and have lawyers watching over us.

My Responses -

1 - You dispute the validity of the letter, okay fine by me. Except that you already removed the items as of March 8, 2002 and it says so in the documentation that was provided to me at trial in an affidavit that was submitted. The FCRA requires a CA to keep accurate records in regard to each account. The only thing they could tell me was that the account was in deed settled. You produce a copy of a sample settlement letter that's signed and say that because mine had a computer generated signature on it that it's fake. The judge compared the two letters and seemed intrigued. The wording stated that the debt would be removed upon my filing a consumer dispute. I don't know if the judge was buying this guy's complete story.

2 - I never disputed they were automated. I told the judge that. I said that was the reason they told me that I had to dispute it, so that they would be able to send the card back saying to delete it. Unfortunately, the lady that agreed to all of this wouldn't come to court, and the person who did show up wasn't even around when I settled the account. They took a hit on the account and settled for less than 20% of the account or like 700 bucks. The CA tried to say I was a deadbeat and gave the judge a copy of the correspondence log. I hope the judge looks that the dates and what was said. The comments are down right rude. Basically referring to money, me being a dead beat and such. Except that I had agreed to make payments years ago via check card. Funny thing is they took one payment and then told me they could no longer take payments via check card. I told them to take a hike if you don't want my money that way. At least I was honest about paying.

 

I thought I was prepared, but I guess you never really know..