I just read with interest your posts about the TX AG and reporting EXP...do you mind if I ask what you were reporting to the AG? It sounded like you had trouble with EXP not correcting/deleting. I may have a similar problem with EQ/CSC Cr. Svcs. out of Houston and after the 30-days are up, I'd love to send the latter saying "remove or get sued and BTW you are being reported to the Texas AG too." In my case, it's EQ's fault for not correcting it (have letter from creditor stating no derogs and EQ won't accept it--EQ says it doesn't have a signature and creditor says they don't do letters w/ sigs and the other CRA's had no problem with accepting it) so if I report something to the AG I'd have a easily documented suit. This may sounds clueless (and I apologize) but what exactly can the AG do? I need to research more, but you always hear about things being reported to the AG but I'm not sure what they can do other than investigate and try to resolve. Thanks!!!
I was reporting EX for re-aging an account that when I disputed with proof, they verified anyway. I filed complaints with the FTC, BBB, and TX AG. This was my step prior to filing suit, which I'll be doing in the next 2 weeks, if I don't hear anything from the complaints. I believe your call on the AG (not clueless is correct. On the web site they say: "Once your complaint form has been reviewed and determined to be appropriate for the complaint service, you will be contacted." So if they accept it, they pass it along, and try to help resolve. I didn't think any of the complaints would solve my problem. But I figure if these guys get enough valid, documented complaints against them that maybe one of these days someone will hit them with a big hammer. Plus it's bad press, that they deserve. In your case, you have the proof, you can file the complaint. I don't think it will get the derog removed though. If you just want it removed, you could bug the creditor to get you a signed letter or send EQ a UDF removing it. You also have a valid law suit. {EDIT} This link explains the TX AG complaint service.
Thanks so much for responding quickly! You said what I was trying to verbalize--the bad press and just the possible intimidation of having to deal with an AG/BBB/whatever other investigation or complaint we can come up with. I pretty much figured the AG probably can't "do" anything (unless you are trying to recover child support; then I *know* they act and actually "do" something) per se to get it corrected, but at least it might make me feel better to make some waves. I am just going to keep at it and keep at it until it gets corrected with EQ/CSC. In a way, I am totally freaking out because I'm completely intimidated by possibly suing, but I also know that it's my right and also my civic duty to move forward and not back down so that the CRAs don't keep pulling this crap. Hope you get some good results!!!!!
Your welcome I understand your trepidation at filing suit, I'm a little worried about doing it, even though I have proof. Weird, huh? I'm not sure where you left it with the creditor, you could always go back to them and ask if they are willing to do more to help.
That is exactly what I am doing....contacting the creditor and begging for them to help (and telling them that I know it's CSC, not them, at fault). I figure work it from both sides; it can't hurt at this point. It's so hilarious--I know I am in the right and if I go to court it's so cut and dry it's ridiculous, yet I am a big chicken about it!!!! I totally agree.
You know what? I also was a little hesitant about filing my lawsuit against credit data southwest(experian affiliate). I knew I had them on violations but kept thinking what if this happens? I finally did it. They screwed around for awhile. Had it transferred to federal court. They thought if they could get it to fed. ct. I wouldn't be able to hire an atty. and would drop the case. But, they were way wrong. I hired an atty. who made a couple of phone calls to them. They realized I wasn't going to back down, and they deleted everything I asked for. And the atty. didn't charge me a cent. Moral of the story: If you have the proof and it is valid, stick it to 'em and don't back down and most of all, don't be afraid of doing it.
Absolutely. No question. without a doubt. They were definitely trying to push me into a corner so that I would be afraid of what would happen. Total B.S. Don't be afraid of the 3 or is it 4 MORONS.
LKH, what if you can't afford to hire an attorney? I have already filed against Experian and have them without a doubt in black & white. If they move to Fed Court..I'm screwed. Now i'm worried
Move it to FEDERAL COURT to SCARE you??? I thought they usually just did what you wanted because they DIDN'T want to waste money hiring a lawyer in your city...
LKH, I'm sort of with Christi on this one. My hope is that that once I send the "30 days up or up, delete or correct or else I'll sue" letter EQ will just fix the 2 accounts. How did you find a good attorney who didn't charge you or find one that is knowledgeable in credit law? I could bluff it through a bit, but if it escalated to a higher court...let's just say the budget is pretty tight for attorney's fees! Thanks, and I am getting more annoyed and braver. Mirabelle
George, That is what I thought, but obviously I was wrong. Now I almost wished I hadn't filed suit because I can't afford a big time lawyer to go to Federal Court. They will scare me and I'll fold. I thought it was my last hope or chance at getting them...but now I'm not so sure. UGGGHHH I wished I had seen this BEFORE I filed.
There is somthing I have been told about SMALL CLAIMS COURT...THE SMALL CLAIMS COURT RULES FOLLOW YOU...so they CAN'T have any lawyers present...ONLY YOU COULD GET MORE THAN $5,000 AND STILL NOT NEED A LAWYER, since they CAN'T have a lawyer either. DON'T BET THE FARM ON IT...but I hope this is correct information...
This also is true. In my case, I live in Tucson, and credit data southwest, the experian affiliate I sued is in Phoenix, 120 miles away. So it wasn't any big deal for them to try this with me. But, I still think it very unlikely for it to happen. I am the only I know of that has had an atty try to transfer a case.
Christi, Don't worry about the federal court deal. Almost all of the small claims suits have been settled way before any hearings or any transfer requests have been filed. In my case, I believe it was also a stall tactic, in order for them to do another investigation regarding an acct. that was deleted, reinserted, and they couldn't show proof that the acct. was certified as correct by the creditor as required by the FCRA. If they do try to transfer, you should file an objection to transfer based on the FCRA which says: A suit may be filed in federal ct. OR any other competent court of law..... Yours is a small claims action and therefore there is no reason for it to be transferred from the current competent court of law. Also, I am the only one so far that has had them try to transfer a case to federal. I really wouldn't worry about. It is very unlikely to happen to you.
