Should I Dispute w/ Pending Suit???

Discussion in 'Credit Talk' started by dlm3089, Nov 13, 2003.

  1. dlm3089

    dlm3089 Active Member

    I have an account that I've disputed several times, and because the creditor verfied the account several times w/o notifying the CRA's that I'm disputing them, I racked up some actual damages and decided to SUE them.

    Since then, the creditor has been served with my lawsuit and therefore is fully aware of their neglect. Would it help or hurt if I made another attempt to dispute the account, even thought I have a pending lawsuit in which I'm seeking $$$ for actual damages?
     
  2. lbrown59

    lbrown59 Well-Known Member

     
  3. kickman

    kickman Well-Known Member

    Did you sue under state or federal law? Which body of law, the FCRA or the FDCPA or a state act?
     
  4. dlm3089

    dlm3089 Active Member

    I sued under the FCRA, U.S.C. § 1681s-2] (a)(3) Duty to provide notice of dispute.
     
  5. kickman

    kickman Well-Known Member

    Do you have evidence showing that a CR without the notice of dispute was furnished to a third party? It's a lame argument, but some CRAs have been able to successfully defend themselves (maybe it's not such a lame argument after all) by showing that the consumer wasn't harmed since no other party ever saw the report.
     
  6. dlm3089

    dlm3089 Active Member

    I applied for and was denied a small loan, denied a credit card, and I was denied employment. I have denial letters for the loan and credit card.
     

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