I've been reading up on lawsuits here on CN, but can't seem to find one that answers my questions. I noticed what seemed to be a reinsertion on my TU report from household auto. I sent them (household) a letter stating my case with them and saying that I intended to sue if I didn't get a UDF form from them within 10 days. I thought the erroneous late notation was gone, but I'm seeing it there today, so I want to sue them as it seems they've ignored my last letter. Here are violations I believe I could cite in "english". 1. They say I was 30 days late as of march 2003 when I in fact closed the account in January 2003. 2. They (or maybe transunion) reaged the account to say it was closed in march 2003 (the other tow reports say it was closed in january.. as it was) so it would match the late date (by the way, they sent me a check in february to cover over payment made to them in january.. so no way I had the account in march) 3. I applied for a bank of america card which pulls transunion, and was denied due in part to my having such a recent late (household's false information). So where do I start? anyone have FCRA quotes to cite to make it sound more "legal"? about how much would be reasonable to ask for? What should I expect? Any advise would be greatly appreciated from those who know about these types of lawsuits. Thanks a bunch!
I was going through the FCRA and feel that this might be one to add: § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; I informed them they were wrong, and why they were wrong. I then told them I would be filing a lawsuit within 10 days.. they refused to answer. § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the failure; (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. This one says negligence as opposed to willful noncompliance. I wonder which one I could use.. or if they're both accurate in this case
Yes I've disputed it. It was after I disputed with TU that they actually "added" a late for 3/2003 and moved the "closed" date to 3/2003 from 1/2003 (as opposed to verifying it). My initial dispute was for a late that occured in 8/2001. This was a time when I was laid off and worked out a deal with them that they would move that payment to the end of the contract and not report it as being late. I called TU and of course they said they're only reporting what household is giving them
Well ... if it were mine I'd keep demanding they report correctly but don't tell them why it's wrong. They should pull a CR to see what they reported. Since it's closed you'll have a No PP case. Then file suit and agree to drop in exchange for whatever you want.
When I first found that erroneous late payment, I sent them a letter. They sent me back a letter about a week later stating that they needed more information. This was when I then explained everything to them without being too specific about what was on my report, and gave them 10 days to respond or I'd sue. It's going on about 2 months now, and I havent seen an inquiry from them, so I'm guessing the next step is a lawsuit. Do I still need to fax them an intent to sue letter even though I already told them I planned to sue anyway? Or do I fax them the intent to sue right before I go to court to file the papers? Again, I need info on how to go about this for those here who've done it before (sued an OC) Thanks!
After reading some case law from various appellate circuits, I'd be careful about alleging the willful non-compliance. Depending on your part of the country, most of the conservative courts are construing willful non-compliance as a conscious and malicious intent to screw up your credit, knowing that you'd be damaged by it. And hardly anyone is prevailing on that argument. As a result, otherwise winnable cases are being tossed out entirely. I'd suggest pursuing it from the negligence angle (sure we know that they're intentionally not correcting their entries) and go to court with a sure winner.
Again, I need info on how to go about this for those here who've done it before (sued an OC) If you sue in small claims court, some of the judges or referees will want to know if you've sent any demand letters. In some jurisdictions it's required, others it's not. It's good to have a copy of 10-day demand letter so that the court will know that this was your last resort and not your first response. Since you've already disputed the item with the CRA, consider putting the heat on them as well. They're obligated to accept and consider your documented proof. If they can't or won't verify, correct and/or delete. Go after them as well. Go to your secretary of state's website and find out Household's and TransUnion's registered agents. That's who has to receive the lawsuit. I'd suggest having it served personally rather than certified mail. Some corporations in some states aren't required to accept service by mail.
Thanks for the great info kickman. Ok, I disputed the item twice. The second time is when they added a 2nd late (out of nowhere). I sent them my first "what gives?!" letter. To which they replied that they needed more information. I provided the information, and in the same letter, gave them 10 days to respond or else I'd sue (I guess this is what you're talking about, right?). Now, should I use the "negligence" law to fight all of my stated claims above? Would $3000 be the appropriate amount to ask for? When you say I should be serving the suit in person, does this mean I should find household's office here in minnesota (through the sec. of state's website), go there and hand the letter to someone?
I can only address the serving process, and can only speak for the way it can work in AZ.... Serving in person means hiring a private process server. You can either serve the party you are sueing through CRRR or a process server. Any registered private process server will serve the summons and complaint for a fee. Process servers can usually be located in the yellow pages. Many companies do not actually have an office in each state, but do keep an agent of service/registered agent/statutory agent in each state in which they do business. You should be able to get the agent info by calling your Sec of State or visiting their web site. Try http://www.geocities.com/resident_agent_info/residentagent.html You will fill out the papers sueing HH & TU, but will serve the papers to the resident agents in your state.
Thanks, I went to the secretary of state's website, and found the address. So I assume that when you sue, you also sue for these service charges too? I think I'm just going to go to the district court and try to figure some of this stuff out and set a court date.
