I have filed a lawsuit against a *certain* CRA earlier this year. We have been going back and forth for some time now. I would say they have been using hardball tactics to get to settlement since the onset of this suit. Anyways, I have been considering settling as I mostly sick of them. BUT I just found out that 4 of my BEST ACCOUNTS are GONE. No reasons, they still had several years left before being deleted. My score has now officially TANKED. My oldest account is now 3 years old. This is not good. 4 POSITIVE ACCOUNTS GONE!!!!!! For no good reason. I don't know what to say other than it is really looking like retaliation. Like the CRA is sending me a statement that they can just do whatever they want and I should settle. Anyone had this happen to them? Is there even an FCRA violation for this?
No, I don't really think I should. But I will say the first offer started with the **CRA's** lawyer agreeing not to pursue me for a bad faith claim and 1k to boot. Which really made me angry, because I think this was intimidation tactics and this CRA had absolutely no basis for threatening me, but as a matter of routine, they probably do this to most pro se's. IMHO, if this particular CRA had any legitimate reason to believe they would prevail on a bad faith claim, THEY WOULD NEVER SETTLE. This CRA, who is known to handcuff their own employees out of the building in working hours would definetely make an example out of any consumer they could. It's just the way they work. Secondly, if the CRA firmly believed this claim was frivolous, they would have filed summary judgment by now. Mostly, I find them arrogant, bullying, and pointless to talk to. For the most part, I just ignore them....don't return their phone calls, etc. etc. The original offer has incrementally been upped several times and I think this is just the way this CRA plays, which is really more bullying than anything.
cinderalla, that's really horrible i am sorry ... i would think a judge would not take kindly to what they did, nor the FTC. i think it's all the more reason to continue suing. tboy
I'd say print everything out and go get a lawyer tomorrow, because unless there's been some sort of book-keeping error you've got them dead to rights. They are required to report accurately, and to the best of my knowledge positive tradelines can't be deleted, per the FCRA. I say call a lawyer asap.
Thanks tboy. It's just what I was thinking. Exactly what I was thinking. I have printed up copies and back-up copies of my current report. Unless they can come up with a very plausible excuse as to why 4 positive accounts just disappeared, this is really going to hurt their credibility. I filed against them on on 9 separate violations of the FCRA including: hiding a CA account from me that I believe was given to creditors when I applied for credit, refusing to investigate disputes---even when I sent letters from CA's to delete account, verifying a collection account on the 30th day when the UDF to delete from CA is sitting in the CRA systems and a few more. I have a hard time imaging them being able to defend on my violations in the complaint, but NOW THIS? IMHO, they are just digging their own graves with this behavior and making them look more guilty on the other alleged violations. I think I am just going to sit back for now and let them continue on like this, it seems they are really hurting themselves by doing this stuff. I am scheduled for next spring/summer with a trial by jury. Kind of scary.....never been to federal. I am thinking I can always amend my complaint and request the CRA be ordered to reinstate those positive accounts that "accidentally" disappeared off my credit report. I don't know, I probably will eventually have to talk with a lawyer about this.
Yup, gotta agree with everything you've written. I'm not an expert in these things by any means, but it just seems to me by way of common sense that you should retain an attorney versed in contract law. I think with the seemingly punitive deletions of the four positive trade ines that you've crossed the bridge from simply going for deletions of negative tradelines and a couple grand for FCRA violations into the possibility of receiving a major award for this crap that they've pulled. Worth paying a retainer, imo, but hey, I've never been to court for this sort of thing.
by the FCRA, the CRAs aren't REQUIRED to report anything. The FCRA only limits what can be reported (only things that are 100% accurate) and for how long, it doesn't require them to report anything. I would definitely add this on to your complaint. I would not go to Federal court pro se. How did you get to Fed Ct anyway? Did you not start out in small claims?
hi upset! I would be too!! I'm new at this, but I've been reading all the credit websites, and i do remember statements like "willfull-noncompliance" and laws against "file-poisoning", etc. (i would think that removing positive accounts would qualify for that, as well as maybe "discrimination"...if that is not a common practice or proceedure....which I bet it's not!) So definately get a lawyer who is feisty and well-versed in this arena....maybe a consumer protection attorney??? call around to see which attorneys are experts in this genre! Also I just saw a link for a program that was designed by a "hard-assed" attorney, and i bet he would know all about how to handle this! I'll try to get that link and send it to you....it had something to do with "zero credit balance, or debt balance", something like that, I'll get back on the board as soon as i find it, but count your blessings, because they might just me racking up the bonuses for your for defamatory libel, etc.!!!! keep your chin up!
True, they may not be required to report anything, UNLESS they have a contract with a creditor. If the contract allowed the creditor (and may even required them to) report positive accounts to the CRA's, then yes, the CRA would be required to continue reporting those tradelelines, excluding disputes and the possibility that they may not be 100% accurate. Since CRA's usually don't accept positive tradelines without some sort of contract from creditors, I believe my positive tradelines that were deleted were very likely under contract. So unless there was a dispute initiated by me or the creditor in regards to these accounts, the CRA is definitely out of line by removing these accounts on their own. BTW....I just filed in fed. because given it seemed the best court for the case.
I would also get a lawyer. Federal court is no place to go without representation. Small claims, yes, Federal, no. Find a good consumer protection attorney. Have you filed a complaint with the FTC as well?
How do I go about filing a complaint against CRA They have put a chapter7 on my report and its has screwed up my life and they CRA should be held accountable,but I don't know the first thing about suing the CRA can you give me some guidence before I loose my mind.thank you
Re: Re: Really upset New Member Must Reads.--------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s= WhyChats statute of limitations http://community-2.webtv.net/Y-chat/WhyChatsCredit/ http://community-2.webtv.net/Y-chat/WhyChatsCredit/ statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp """"```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Really upset Hi Cinderella Sorry dear. I'm struggling with the same thing myself. Even when a CR is "technically accurate", it is still "misleading" if it fails to reflect an ACCURATE portrayal of the consumers credit worthiness. Deleting perfectly good TL's is a retaliation ploy and renders your CR incomplete. CRA's are charged with accurate reporting to "meet the needs of commerce", not meet Cinderella's needs. Make it a MUCH larger issue, as in hurting our economy. The [dipsh1t] Senator Teddy boy Kennedy, D-NY, did say ONE thing in his life that was accurate, during one of those RARE sober moments. He testified that this is a HUGE issue because the accuracy of CR's ensures the smooth operation of our entire economy. .
Re: Re: Really upset About a week ago we discussed a case where even tho the consumer was awarded ONLY $1,000 in FDC, the atty's., on the case was granted THOUSANDS of dollars. Vlad knows which one I'm talkin about. As you know the FCRA allows for atty., fees as a separate component. Therefore, I would go get an expensive lawyer and get him on contingency. Raise to FDC, in demand of a jury trial and file motions for discovery, depos, interrogatories, admissions, etc., etc., etc., add nausium This will/could DRAMATICALLY increase the CRA's financial exposure. If they wanna play hard ball, go ahead. .
