sue CRA for not notifying me..

Discussion in 'Credit Talk' started by Ender, Jan 14, 2002.

  1. Ender

    Ender Well-Known Member

    of placing a new negative tradeline? I checked worthknowing and saw that a listing that was deleted before has reappeared. However, I haven't received any type of notification or letter in the mail saying it was re-added. Doesn't this need to be sent to notify the consumre within 7 days?

    is this a strong enough case in court? Is the burden of proof on them to provide RR to prove they notified me? I have my CR both before and after the listing has appeared.

    Any thoughts?
     
  2. Smit

    Smit Well-Known Member

    I think it is after 3 new negatives in one year, but I could be wrong I am new at this. I just think I remember getting a letter saying I could get a copy of my CR because I had 3 new negatives or inquiries.
     
  3. Ender

    Ender Well-Known Member

    I believe the FCRA states that if anything gets verified later down the line, they need to contact you within 7 days.. can someone confirm this? is this a strong enough violation for me to go to court and sue for $1k?
     
  4. mindcrime2

    mindcrime2 Well-Known Member


    The CRA's need to notify you within 5 days of re-inserting a negative item.
     
  5. Ender

    Ender Well-Known Member

    So would u say the burden of proof is on them to notify me? I mean what if I sue them and they just say they sent a report? I never received anything from them.. or is it up to them to prove that they did indeed send something either via certified/RR?
     
  6. mindcrime2

    mindcrime2 Well-Known Member


    If you file a suit in small claims, claiming they violated the FCRA for not notifying you within 5 days of re-inserting an item, I believe the burden of proof is on them to prove they actually sent you notification (they can't just say "oh we sent Ender notification...", without proof). CRA's never send anything CRRR. I don't know how hard / or easy it is to prove this. Maybe someone else on the board has experience.
     
  7. Ender

    Ender Well-Known Member

    I do hope to follow through with this just because the guy I dealt with before was such a prick. There are still 3 remaining negatives on my TU report. One was added recently and I never received ANY letter whatsoever..

    So I'll look at mills and see if I can get denied a credit card.. but how do I evaluate what the actual value in damages would be for getting denied? Would I say I was going to use that to pay something off? What type of monetary value can I tie to that??
     

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