LIZARDKING, CRA's settle info?

Discussion in 'Credit Talk' started by danrs, Aug 28, 2001.

  1. danrs

    danrs Well-Known Member

    HI LK,

    As I have just filed, LKH and Ender (and others) either have or will shortly file, and you've had such good success with the lawsuits, I wonder if you could give some pointers.

    That is, specific to each CRA, do you have any tips for dealing with them if and when they make contact to settle, or what we should expect?

    The clerk at the court was very helpfull with me, and took a copy of my settlement offer with no hassle, and will include that in the service to each of the three CRA's. I'm thinking I'll give it a day or two, and maybe send a copy of the lawsuit and letter myself certified mail.

    I know you've posted some info on this before, but with all the posts with your name concerning these suits, it is really difficult to locate specific info.

    Thanks for any info you can, and already have, provided,

  2. danrs

    danrs Well-Known Member


    My court dates for all 3 cra's fall in the first week of October.

    The court will provide service via certified mail.

    The court will send with the service, a copy of my offer to settle, which is as follows. I borrowed from some of your letter, as I think my initial draft may have been too hostile in tone. I also liked the idea of expressing my frustration with the system as you did, hoping they'll be a little more open to settle.



    To Whom It May Concern:

    You are being sued for defamation, and violations of the Fair Credit Reporting Act. The result of these violations, and the reporting of incorrect information, have caused and continue to cause me financial loss and great emotional distress.

    I have attempted to have erroneous information on my report investigated and corrected by you, and have requested you supply me with complete verification process information as outlined by the FCRA. You have not done so, and have left me with no other avenue to have this erroneous information corrected. Your investigations have not been thorough, and you have not provided me the information required so I may have this information corrected! Unfortunately, I have been left with no other alternative but to file suit against you.

    I have run into a dead end trying to get this information corrected or removed from my credit report. When I request an investigation or request information, you claim it was verified and respond with a standard form letter. When I contact the company reporting the information, they claim it has been sold to another company, and I must take the matter up with them. When I contact the other companies, they never take any action and have gone so far as to hang up on me because that is not their business, and they only want to collect on accounts, not correct incorrect information on credit reports. This has been an endless, vicious cycle of grief for me, and my concerns have been lost in the shuffle, or worse, ignored.

    My first course of action has been to file a lawsuit against you, of which you have, or will shortly receive service on.

    In order to avoid this legal action, and save everyone concerned a lot of grief and trouble, I propose you do the following within 20 days of receipt of this letter:

    1. Remove from my credit report (re: Confirmation #xxxxxxxx, SSN#xxxxxxxxx) the incorrectly reported account as follows:

    a. Creditor acct#*

    2. Guarantee to me that this account or any variation of this account, once removed, will not re-appear in my credit file.

    3. Supply me, and any creditors who have requested my credit file in the past 6 months, updated and corrected reports once corrections have been made.

    In return, if Equifax shows a good faith attempt to resolve this and does as proposed, I will dismiss the lawsuit and seek no reimbursement of court costs, financial loss, or award of damages, I will consider this matter settled, and pursue no further legal action against you.



    It may not be perfect, but this was my fourth draft, and I'm tired of drafting letters trying to imagine how they will interperit or receive them, LOL! So, it's too late to change anything now, and I'll nervously await their response and hope for the best. With any luck I'll have the same success you did.

    I don't know if it means much, but one of the accounts is incorrectly reported as a new charge off on one of my reports, but was supposed to drop off next month on the other two. The other account, listed with two CRA's is scheduled to drop off in May.

    I'm thinking I'll give it a couple days, then send them a copy of the complaint, and another copy of the offer to settle, just to make sure the right people get it at the main office.

    What do you think?


  3. Ender

    Ender Well-Known Member

    I will post up my demand letter on Sunday for you guys to check out if you want.. I am deciding to go w/ the more hostile tone. =)

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