I have enough documentation and I am out of patience. I need to sue Experian and Providian. Mostly Experian though. One of the requirements for small claims here in CA is that a person who sues in small claims court must first make a demand if possible. I am writing a letter tonight telling Experian I have four documented violation of the FCRA. Penalties are $4,000. This is a demand for payment as required to move forward with my suit in a court of law. Basically I am going to make the demand for payment. I am going to let them know that this is to satisfy the requirement to sue and get before a judge. I am not going to give them any information other than what I wrote above. I am going to give them 10 days to respond. I was thinking of waiting until I receive a response from them but the requirment as I read it does not say you must be turned down, just that you made a demand. I'm going to file the suit within 2 days. After I get the court date I will attatch an offer to settle as has been posted here in exchange for dropping the suit. But, I really want to take this before the Judge anyway so if they don't settle so well. I am still hoping they do settle. Anyone with experience see anything wrong here?
Even if the law doesn't specifically require it, I'm sure the clerk will ask what the outcome of you're demand was. If you haven't received a reply, my guess is that you will be asked to wait for a reply. If you are willing to settle in exchange for deletions, why not wait at least one week? Maybe they will come back and agree to delete all negatives.
IH, I'm doing the same now in California in case you haven't seen my posts from the last couple days about this. Sent out the demand letters today, giving them 10 days from their receipt of the letter to at least contact me. I'll wait until that ten days is up before I file. That is more than enough time for them to receive the letter and at least contact me and say "wait a minute, let's talk about this". If they do so, I'll hold off until I'm sure they won't give me what I want, deletion of the erroneous trade lines. Feel free to copy my letters if you wish, that's one reason I posted them, but, just to be safe for both of us, make sure you change the wording around a bit. Highly unlikey, but possible the same guy in the legal department could get both letters. Being so close together, could mean trouble for us if they think we are using form letters or such. If you wait two weeks, I'll be posting the results of the demand letter I sent. Who knows, I may not be getting the response I'm hoping for and my letter may be the wrong way to go, only experience will tell......... If you do something different, post it here if you would, it will be interesting to see what kind of buttons get pushed with the different aproaches. I would also reccomend waiting until you get a negative response from them. A judge might not look to kindly at it otherwise. Ten days, two weeks, or a month in the scheme of things is nothing. Good Luck, danrs
Thank you. I can wait. My mortgage lender is going with the report from Experian that shows the Providian account as $0. Now they have put it back as owing over $500 that I paid off. They claim Providian put it back but still have not notified me it was reinserted. I'll wait for the 10 days I put in the letter and see what results. I tried calling and talking to them but the person on the phone just kept asking me what documentation I was going to use against them like I would tell her, and saying they don't care if I sue. So a little while longer is not holding me up on anything. John
