I already have a suit pending against Sears for an unauthorized pull of my CRA file. They have an attorney who has filed a General denial and I have filed my reply. Waiting for Court date. Today I got from Experian a copy of my report as a result of another unauthorized pull that I disputred and in reviewing Sears' two trade lines I see that they now list it as "transferred, collection account" with one as a Status Date of 3/2003 and the other 2/2003. I know for a fact through a prior conversation with Sears that the accounts were sold in 1999 and were discharged in bankruptcy 7/2001. Do I have two suits here for re-aging? The re-aging is not included in the pending litigation and to amend the Summons will push the amount claimed above the Small Claims Court threshhold for Arizona. Any sage advice? Or do I already know what to do - settle the other suit "for this action only" and then sue again for the subsequent violations.
I know you probably don't want advice from a newbie, but from my experiences w/ sears, i'd sue twice. you deserve nothing less than to get every penny out of those bastards. can i ask...how is their pulling your file unauthorized in your case? i thought since i had a cc account with them, they could pull all they want, and i just had to deal with it. i thought it was just their way of 'getting me back' for not paying and disputing. what have you done, and how can i, too, get their pulling to be a violation?
Re: Re: Need advice - what to do with Sears Simple - with the discharge in bankruptcy the permissible purpose for account review is gone.
