Ready to Sue--Need Help

Discussion in 'Credit Talk' started by debtchoked, Aug 24, 2003.

  1. debtchoked

    debtchoked Well-Known Member

    I've only been a member for a few weeks, but after reading quite a bit, asking questions, etc., I think I've come to the realization that I probably have a law suit I need to file. I would really like the advice of the pros out there. Here's my situation:

    I contracted with a debt negotiation company back in November 2001. To make a VERY LONG story short, they did little more than completely screw my credit. They did, however, negotiate with one creditor, Aspire Visa, for a 50% pay off. We received the letter at the end of February 2002, the DN company paid 1/2 the settlement directly to Aspire on 3/1/02, we sent the other 1/2 of the settlement to Aspire via Western Union on 3/2/02.

    Something weird happened and our WU payment was credited and then taken off our account and then who knows what. Anyway, over the past year (March 02 through June 03), we have been fighting with Aspire. They sent us late notices, kept reporting us, etc. throughout this entire time. I have documentation of every person I spoke with.

    Eventually, (June 2003), Aspire finally acknowledged their mistake and brought our account to a Zero balance. They sent us a short, fairly vague letter telling us that the whole matter was straightened out, the CRAs would be notified, and they sent us a $50 Wal-Mart gift card for our troubles.

    Well, as of now, Aspire is still reporting on both of our Exp reports. We have disputed the TL, we were told that Aspire had verified, we called the woman who signed the letter from Aspire (we can only get her voicemail), and it still remains.

    Do we have a lawsuit against Aspire? If so, what's our first step? We don't have money to pay an attorney. We would like to proceed ourselves.

    Any feedback would be appreciated.
  2. debtchoked

    debtchoked Well-Known Member

  3. mel

    mel Well-Known Member

    I'm confused. What do you mean by still reporting - Are they still reporting it as unpaid, are the inccorect lates still showing or are they reporting settled?

    Second, did the terms of your settlement include a stipulation on how the account would be reported? Did you settle for deletion? If you worked through a DN, probably not.

    Third, what does the letter that Aspire sent you say? Does it reference the settlement or talk about how the account is supposed to report?

    Fourth, how did you dispute the tradeline - "not ours" or something else?

    If they verified the lates when it was their error in finding and posting your payment...that is a blatant violation. But I think answers to the above questions may help you get some direction.
  4. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Ready to Sue--Need Help

    But I think answers to the above questions may help you get some direction.
    mel |
    Could not hurt

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