my journey is done..I GIVE UP

Re: You guys are crazy :_)

Ok, I can't stand it. I'm going to flat-out offer advice, lol:

1) Ignore her. She's a controlling twatcase and can't stand that you are exerting some power. Ignore her. Ignore her. Ignore her. You already told her you would communicate with her only by letter AT THE ADVICE OF COUNSEL. She needs to respect that.

2) You should DEFINITELY include her admissions of suspected fraud in the lawsuit letter that will accompany the small claims warrant.

3) Sue Equifax in Atlanta tomorrow or Monday. Just do it. Customize Marie's excellent "intent to file" examples into an "accompanying letter" instead. You are not required to warn them of a lawsuit. I didn't ever send any "intent to file" letter. You will achieve your results. The local woman is now insignificant other than the fact that she has provided more evidence to bolster your case.

4) Oh, one more thing. You are effectively driving the local twatcase crazy. Ignore her. And don't forget to ignore her. (Ignore her.)

Doc

 

Re: You guys are crazy :_)

Twatcase?! Very good Doc, I didn't know you had it in you. LOL

Oh, and Christi,... don't forget to ignore that crazy lady. That will get her goat. File your suit. You will prevail.

 

Re: You guys are crazy :_)

when did you file the demand letter with equifax?
did you ask for money or just deletions?

If you asked for just deletions, you can go ahead and file...

 

Re: You guys are crazy :_)

I would also make sure to send copies of all this stuff to the TX AG office. Maybe, he would like to deal with miss witchy, especially since you have so much documentation. You can be the poster child for this kind of stuff. I would send him letter and packet of proof....

Be real sincere.... I wouldn't want this to happen to anyone else ... that kind of letter.

 

Re: You guys are crazy :_)

actual damages. have some.

You can use the intro of the letter to start the lawsuit.
the "This is an action for actual, statutory, and punitive damages, costs, and attorney's fees brought pursuant to 15 U.S.C. §1681 et seq. (Federal Fair Credit Reporting Act)...

The Plaintiff contends that the Defendant has violated such laws by repeatedly and willfully issuing false consumer credit reports concerning the Plaintiff resulting in the denial of credit to her, actual damage and damage to her reputation, and causing the Plaintiff humiliation, mental anguish, and emotional distress"

when you write the complaint, quote these 2 sections specifically:


VIOLATION OF 15 U.S.C. 1681§(n)
WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT

VIOLATION OF 15 U.S.C. 1681§(o)
NEGLIGENT NON-COMPLIANCE OF THE FAIR CREDIT REPORTING ACT

Under each one, put everything they've done wrong. these are the 2 sections of the fcra that you can sue under.

Add in something like this:
The defendant's conduct, actions and inactions were
willful, rendering the defendant liable for punitive damages in an amount to be determined by the Court pursuant to 15 U.S.C. § 1681n.
The plaintiff is entitled to recover costs and attorney's fees from the defendant in an amount to be determined by the court pursuant to 15 U.S.C. §§ 1681n and 1681o.

then put in something like:

Wherefore, the plaintiff respectfully demand that the Court enter judgment against the defendant as follows:
a. Actual damages in the amount of xxx
b. Punitive damages in the amount of xxx
c. statutory damages in the amount of 1000 for each violation of the law
d. attorney's fees
e. interest, costs, and disbursements, and
f. such other relief as may be just


then ask for a
PERMANENT INJUNCTION

The plaintiff repeats and realleges each paragraph above.The information contained in Plaintiff's credit file is incorrect.Without permanent removal of such inaccurate information, there is no remedy at law for Plaintiff.Plaintiff's damages are irreparable unless all inaccurate information is permanently deleted.

Injunctive relief is provided by 15 U.S.C §1681. WHEREFORE, Plaintiff demands that the Court, mandatorily, enjoin Defendant to render Plaintiff accurate.

make sure to keep the damages under the small claims court limit

 

Re: You guys are crazy :_)

somewhere in there you can describe getting the reports, how many times you sent letters, disputes, validations to the collection agency etc.

ok, the middle section goes something like this, put in whatever wrong they've done after section n and o.

like this:
VIOLATION OF 15 U.S.C. 1681§(n)
WILLFUL VIOLATION OF THE FAIR CREDIT REPORTING ACT by willfully;

a) The defendant violated 15 U.S.C. § 1681e(b) by failing to follow reasonable procedures to assure maximum possible accuracy in the preparation of the consumer reports concerning the plaintiff.

b) failing to delete inaccurate information from such file after receiving actual notice of such inaccurate information;

c) failing to add a fraud warning to Plaintiffâ??s file

d) failing to conduct a proper investigation after receiving notice that information contained in its file on the Plaintiff was inaccurate

e) reporting to third parties of information affecting the plaintiff Jane Doe's reputation for credit worthiness, with knowledge or reason to know such information was false

f) failing to provide trained personnel to explain to Plaintiff the information in her file, in violation of
§1681(h)(c) of the Act;

g) failing to provide subsequent users of the report with the Plaintiff's statement of dispute or a summary thereof in violation of §1681(i)(c) of the Act

h) failing to properly advise Plaintiff of her ability to make a consumer explanation under the Act

i) failing to properly notify, train or otherwise advise its own subscribers about purging their records of inaccurate information concerning Plaintiff

j) failing to permanently correct Plaintiff's report after repeated notification by Plaintiff;

k) concealing from or misrepresenting facts to Plaintiff regarding her report.

As a result of the defendant's conduct, actions and inaction, the plaintiff was unable to secure credit privileges she needed.

As a result of the defendant's conduct, actions and inaction, the plaintiff was unable to secure favorable credit privileges. As a result, the plaintiff incurred interest and finance charges relating to credit far in excess of what she would have otherwise incurred had she been able to secure credit elsewhere.


VIOLATION OF 15 U.S.C. 1681§(o)
NEGLIGENT NON-COMPLIANCE OF THE FAIR CREDIT REPORTING ACT by negligently;

a) The defendant violated 15 U.S.C. § 1681e(b) by failing to follow reasonable procedures to assure maximum possible accuracy in the preparation of the consumer reports concerning the plaintiff.

b) failing to delete inaccurate information from such file after receiving actual notice of such inaccurate information;

c) failing to add a fraud warning to Plaintiffâ??s file

d) failing to conduct a proper investigation after receiving notice that information contained in its file on the Plaintiff was inaccurate

e) reporting to third parties of information affecting the plaintiff Jane Doe's reputation for credit worthiness, with knowledge or reason to know such information was false

f) failing to provide trained personnel to explain to Plaintiff the information in her file, in violation of
§1681(h)(c) of the Act;

g) failing to provide subsequent users of the report with the Plaintiff's statement of dispute or a summary thereof in violation of §1681(i)(c) of the Act

h) failing to properly advise Plaintiff of her ability to make a consumer explanation under the Act

i) failing to properly notify, train or otherwise advise its own subscribers about purging their records of inaccurate information concerning Plaintiff

j) failing to permanently correct Plaintiff's report after repeated notification by Plaintiff;

k) concealing from or misrepresenting facts to Plaintiff regarding her report.

As a result of the defendant's conduct, actions and inaction, the plaintiff was unable to secure credit privileges she needed.

As a result of the defendant's conduct, actions and inaction, the plaintiff was unable to secure favorable credit privileges. As a result, the plaintiff incurred interest and finance charges relating to credit far in excess of what she would have otherwise incurred had she been able to secure credit elsewhere.

Add in everything you can think of. Every violation. the judge will ignore anything that doesn't belong.

Have fun

 

Re: You guys are crazy :_)

that's for the actual filing. You'll file a case. that's part of it. normally you can write and print this stuff out and attach it to some standard forms in small claims.

I'm giving you some of the more formal sounding stuff but you can put it in more layperson terms...

I just want to make sure you put in what you need to... like getting declined tonight for something giving you actual damages. without it the case would likely be dismissed later.

If you're just filing tomorrow you really don't need to send any more letters. just write and print out a case and file it tomorrow.

Honestly, I wouldn't send a settlement letter. I'd let them call you after they get served. I think settlement letters reduce your power. If all you want is full deletions, you can always tell them over the phone. But I'd start with "other than the full deletions, how much are you offering to settle this case for before we go to court?"

In fraud cases you can get punitives pretty easily. Duplicate accounts are stupid and easy to prove in court.
If you want, my email is enabled. email me with what you're filing and I'll fiddle with it if you want... just a silly person with lots of cases in my computer but I ain't no lawyer

 

Re: You guys are crazy :_)

"Ok, I have already sent an intent to sue letter to Equifax in Atlanta. That is why Consumer Affairs *WAS* handling my file. They got a few deletions, now are reporting 2 negatives duplicately and they are done. They have given it back to her. So do I need to send another intent to sue letter?"

Christi,

Forget any more intent to sue, or warning letters. Don't give the enemy any more time to prepare by actually getting verifications from the creditor, etc. Just hit them with the lawsuit, and hit the Atlanta office. The attorney there was very pleasant to deal with, and will make contact with you. The longer you wait, the longer she (your local witch) will have to get her ducks in a row.

If you continue to threaten them, they will know you are scared, and it may lessen your chances for an out of court settlement.

I wouldn't send a "demand for payment" letter unless your state requires you to have previously asked from the defandant, for monetary damages you will be seeking in court from the defendant. I had to because I'm in California. I sent them the letter on Monday, and filed Friday.

Stick by your guns, and don't talk or e-mail the wench at the local branch. You made a good choice telling her to get lost. NOW she wants to talk and work things out? LOL! Tell her it is too late, you either have, or will be filing a lawsuit, and you do not wish to discuss the matter with her further unless the items in question are deleted IMMEDIATELY.

You may want to enclose an offer of settlement letter with your lawsuit. The clerk of court where I am had my letter sent with the service. It will let the attorney in Atlanta know it can be an easy case for him.

You have them on violations. Case closed.

Once they delete, and they more than likely will, get a letter from the attorney, a promise to not re-report the account(s) in question. Equifax re-reported mine the eve before I went to buy my Truck, though they made promises not to (the creditor slipped it back in somehow). I e-mailed the attorney, it was back off within hours.

PsychDoc posted a letter on page 2 I think, which he received from their attorney. The letter I got was almost identical, and the first and last paragraphs were almost word for word. If it's the same guy, he sounds to me like he wants this b.s. small time crap off his desk, and will work with you to do so. Very easy to deal with. In fact, most of my talking with him was playing answering machine tag. That quick, and that easy.

Again, good luck. Get to court, tomorrow if possible.

danrs

Edited, Oops, I see you are going in tomorrow, good! Feel the Power, LOL!

 

Re: You guys are crazy :_)

I don't want to hijack this thread, so could I impose on Marie, Doc, and crew to take a look at this and lend me your thoughts? In following this thread, and seeing some terrific advice, I can't help but wonder if some of the same wording could be helpful in my next (hopefully last) letter to CapOne. 'Nuf Said. I won't sidetrack this thread any further. If anyone has any thoughts, please reply in the other thread.

Thanks!

Tom

Almost Moving Day!!!

 

Re: You guys are crazy :_)

Damages. Go apply for a nice apartment. Get rejected.

How dare they cause you that kind of stress!

No CRA puts Christi out on the street. LOL

Seriously, that kind of rejection could help the claim greatly.

 

DONT SUE THE LOCAL AFFILLIATE.

The problem with suing the local affillitates lies with the fact that they are all networked with the local collection agencies and creditors in your area. This could lead to personal investigations that could hurt your position if your case is not very strong. Make sure to file that lawsuit against Equifax and name corporate office holders in the suit. Dont give up!!!

 

Re: You guys are crazy :_)

You are just so funny. Actually, you are a rotten piece of s#$t.

 

Re: You guys are crazy :_)

LKH,
IF you hold this idiot down, Ill slap em silly. No, that would be too good for em. Maybe being trapped in a room for three days watching feminine hygiene commercials would set this person straight, oops looks like they have done that already!!!

Actually that kind of humor is not funny at all.. Grow up, How old are you , 12?

 

Re: You guys are crazy :_)

Anxiously, awaiting to see how it went.... I hope the filing goes smooth and the clerks very helpful.

 

Re: You guys are crazy :_)

WOW! If I could lose all my excess flab in a year, I don't think I'd CARE if my credit sucked or not.

Congrats! Losing weight is harder than cleaning up credit reports.

-ingenue

 

Re: You guys are crazy :_)

Right away...if not sooner

 

Re: You guys are crazy :_)

Christi... Good luck. I hope things go well. I'll be prayin' for ya! Just don't back down and don't let them intimidate you. You have the upper hand in this and they know it... that's why she is bullying you, to try to scare you off. Don't let that happen. You go, girl.