Lizardking question :)

Discussion in 'Credit Talk' started by Marie, Apr 14, 2001.

  1. Marie

    Marie Well-Known Member

    In your post you said,

    " I had far more success just filing my own small claims lawsuit in local county court for:
    1) Violation of the Fair Credit Reporting Act
    2) Defamation of Character
    3) Negligent Enablement of Identity Fraud"

    Regarding #3, this is because the accounts weren't yours? Correct? I'm preparing a battleplan against the CRAs right now so I want to make sure I understand what your attack had in it.

    Also, in your damages did you include willfully causing you financial damage by purposefully decreasing your credit scores?

    Eg: I have several inqiries I just saw on my reports. They're from my current creditors for my current credit line increases (NOT applications for new credit). These inquiries should be soft, not hard.

    In the #8 FICO reason code it discusses inquiries reflecting applications for credit. account reviews are clearly different. and the CRAs have proprietary knowledge about how much/little these hard inquiries are affecting our scores. My Beacon is in the 630s or so, therefore the incorrect inquiries will affect me MORE because I have marginal credit.

    When the CRAs describe the inquiries as "fact" and remove to correct or delete them, they also willfully decreasing our scores thereby directly causing us financial harm via 1) decreased credit score 2) declined credit applications due to decreased score 3) higher costs of current score due to decreased score.

    This seems very willful, wanton, and negligent harms... which would set it up for punitive damages.

    Did you address any of this in your lawsuit? Seems to me several lawsuits regarding inquiries would make them change their policies on correcting inquiries.

    Also, their blatant policy on Not correcting inquiries seems to set them up for more exposure to lawsuits. THeir very clearly stated "refusal to correct" these seems to be even a better way to sue. They do this to EVERYBODY who even questions their inquiries, right. Class action material.

    Any thoughts? and did you include any of the inquiry harms in your lawsuits?
  2. Marie

    Marie Well-Known Member

    thanks. I am actually addressing several other "big" issues... but I'm going to throw in the erroneous inquiries in the mix. Might as well go after them for it all.

    I also wouldn't just bother for inquiries but since I'm going to hit them anyway, might as well use a shotgun approach.
  3. Ender

    Ender Well-Known Member

    lizardking: your $30k in debt sounds a lot like mine. I have around that much or $45k in unpaid CHARGEOFFS. Only 1-2 collection accounts listed.. but I also have NCO, Coldata, Creditrust, and Cavalry Investments all passing the debts back and forth. In the proces of doing disputes.. your success gives me confidence however. =)
  4. Marie

    Marie Well-Known Member

    Did you dispute EVERY negative on your file?
    It almost sounds like TU preemptively took everything off.

    I'm just wondering b/c I have 5 derogs, and I can truly dispute 4 of them b/c they have true multiple errors. I also have documentation proving I'm correct.

    I guess I'm going to your/ my punitive damages. Personally, I really am ticked. If I have to file suit to get errors removed then I really want punitives. I shouldn't have to spend MY money to correct THEIR errors.

    But, I am wondering if I could let them delete all 5, 4 should be deleted and 1 could be deleted to satisfy my punitive damages.

    I'm just not sure how to address the last issue since I can find no technical errors in it.
  5. Ender

    Ender Well-Known Member

    I am disputing EVERY negative item.. which comes out to be a total of between 14-24 items.. I believe this is out my items break down:

    1) TU: 24 items
    2) Experian: 18 items
    3) Equifax: 16 items

    Actually, I am doing 3 rounds and do have copies of all the letters I have sent. I only just sent the first round.. the dates I plan on sending for round 2: May 31 and July 16 for the final round.. this will be the 90+ days for the creditors/collection agencies to respond. I am keeping copies of the letters I sent and also have 30 certified mailing receipts and the receipt from the post office.

    August 31 is the final date for the warning I will send to the 3 CRA before filing a small claims suit.. and plan on filing this on sept 17. So hopefully by Mid October - all 3 of my reports will be clean.

    I also plan on filing 3 separate suits and hoping to recover the costs of all the work I am doing now and postage, etc. which totals around $800.

    I also sent you email of my plan LK.. did you have a chance to look at it yet? =)
  6. Marie

    Marie Well-Known Member

    the one is a bk public record listing... and I don't have a technical issue to dispute it on. I don't want to say "not mine" in the paperwork b/c if I go to court... ugh.

    I have them on the other 4 and I know they'll b/s the verifications. they've done it before, and when they do it again I've got them.

    Any suggestions on the public record bk?

    Since it's a "big" one... I'm hesitating on including it in my disputes.
  7. Marie

    Marie Well-Known Member

    it's a bk7 so there's no amount.

    Is that incorrect?
  8. Marie

    Marie Well-Known Member

    300????? Good god. Where's that list? I can certainly find something out of 300 but I have only compared what's on my report to what reality is.

    Where would I find the 300 legitimate reasons?

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