Re: Re: Small Claims Court - wrong court? No there was not any other derogatory factors besides Associates/Citibank. Also, after being contacted, they NEVER pulled either hard or soft. They were served on Monday and on Friday the account was gone from EQ and EX, though still remaining on TU report (I think they have a LOG long as he**). They have never contacted me back except this letter from Customer Relationship Director (or something like it) saying they have checked and are reporting the account correctly. Thank your for your friendly words.
BREAKTHROUGH! I just received letter on a beutiful letterhead from Support Maintenance Unit Credit Department Director (I assume) at Associates/Citi dated one day after the summons was served. Dear XXXX, Thank you for your recent inquiry. An update was sent to the three major credit bureaus instructing them to have the above referenced account DELETED from yuour credit report. Please understand that the FCRA allows a credit-reporting agency up to 45 days to update any corrections. If in the future your find that a bureau has not corrected your history, please privide that bureau with a copy of this letter. You may in the meantime, show this letter to any potential creditor as verification of the accurate reporting of this account. If you have any further questions, please do not hesitate to contact us at the address above. Sincerely, XXXXX Once again, they got served on Monday, letter is dated Tuesday. Did the INTENT TO SUE letter worked or actual LAW SUIT? Coincidence? Is THAT letter enough to forget about the case and drop it or should I keep waiting until someone calls me about the actuall law suit? Should I push or should stay in and continue with the suit? What do you guys think. I kind of have a strong case here, especially after receiving this letter, proving they are scared and removed the account to cover the violations.
BREAKTHROUGH! If you have a strong case and either know how to pursue it pro se or through a good attorney then I would say to do just that. But you are the one who will have to make the final decision on that, of course.
Re: BREAKTHROUGH! If you robbed their bank and later gave all the money back, do you think they would just play nice and everything would be okay? They have financially injured you and they can not even bring themselves to apologize or make amends. Based on what you have posted, their conduct in this matter has been nothing short of outrageous. I think a six or seven figure jury award in a federal court is warranted for a case this strong.
Re: BREAKTHROUGH! So do I. If every time they tried to flimflam, obfusicate and pettifog people into paying up meanwhile breaking just about every law on the books they got sued for enough money to break them we would soon be rid of the criminals. But then if we put all the criminals out of business then we would have nothing left but the professionals who knew how to get the job done and done right we would be in deep doo-doo, now wouldn't we?
Re: BREAKTHROUGH! Please understand that the FCRA allows a credit-reporting agency up to 45 days to update any corrections. I have this on a similar letter from Citibank (Re Texaco). Just where the heck does "promptly" = 45 days? (B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
Re: BREAKTHROUGH! You got that right. And then you very well may get nothing but another stall out of them.
Re: BREAKTHROUGH! I called yesterday acquiring about why our Joint Loan reports well to all the CRA's except on my TU? The rep was SO rude I politely asked for a supervisor but was told they do not have one. LOL!!! I asked what her name was and she said Lora or something like that. I asked what her agent ID is. She said, she doesn't have one. I asked what her last name was, she said she doesn't have one. LOL!!! So I said, so Lora, what is this, your stage name? I'm Destiny. Nice to meet ya! Anyway, I didn't not say that but I was so piss** I was close to. Sometimes I just loose hope.
Re: Development This morning I got a phone call (which I believe is regarding the law suit) from Citibank. I had the phone turned off so I did not know. She left the message asking to call her back at my earliest convinience and If I would like I could call CALL COLLECT Now, guys, what should I say not to mess this up? Please! I'll call her back at about noon CST so I would appreciate some feedback. Should I say a lot or just state what am I suing for, how to convince her that it is not worth for them to go to court and that I have so much proof I could sue 2 Citibank's Should I even say that? Thanks so much.
Re: Development Probably not. If you think you should call them at all simply ask what their call was regarding and take it from there but never give them any information at all. Don't make any claims and don't tell them what you have against them.
Re: Development Thank bbauer, I called the number and the voicemail picked up - You have rached XXX at Citibank Legal Department. What If they say, sir we have erased your account from all 3 CRA's - do I say, ma'am the law suit is not regarding you NOT removing the account, it is regarding YOUR BANK violating FCRA laws, right? I think that's all I should say right? Sorry to ask so many questions.
Re: Development OH OH! Cheese it!(LOL) Quick! Run out to the store and get a keg of white lightning, invite all the creditnetters and throw a big ole dance. Depends on what your goals are I suppose. Quite frankly I would not even say that. If that is what they told you I would say "Thank you" and just go on and do whatever your best judgment indicates that you should do. Don't apologize. We all know you do it on purpose. (LOL)
Re: Development I called and left the message asking what the call was regarding. Have not heard back and actually I do not care if they call or not. I'll make them beg a little.
Re: Development Should you speak to them, negociate from a position of strength. They broke the law and you can prove it. Covering their tracks and pretending everything is okay is not gonna cut it. Frankly, they would be getting a steal if all they had to pay was the face value of your suit. Generally, there are two types of negotiation strategies they will employ. The first one is confrontational. They will take the tone that they will not be bothered by your "nuissance suit" and that they have seen a hundred suits like yours before. They will attempt to get you to reveal your hand with whatever evidence you have. They may threaten to countersue if you do not drop your suit. They are just basically blowing smoke to get off the hook for free. The second, and generally more effective tract for the OC, is the "sympathetic listener." They will tell you that they have corrected the mistake. They will apologize for any inconvenience and may offer a very small settlement to drop your suit (generally up to 50% of the face value). This tract involves the OC rep listening and trying to soothe over any hurt feelings and anger. Dont' fall for either one--stick to your guns on this one.
Re: Development baywonder, I appreciate your comments. Very usuful. The only problem is that the account WAS mine - everything else is as written here. Somehow you misunderstood that the account wasn't mine and then if it wasn't, you are right I would be talking to the lawyers right at this minute. But still, it is a stronge case and I'll not drop until at least 1/2 to 3/4 is offered.
Re: Development Well, the lady from legal dept did not call me back. ??? I do not really care but found it interesting.
