Sue the bastards...

I don't remember how it came up, but she is the one that offered the information. I think what she is saying is that different things make up your score. That is ADD. But then as she said, negatives take away. That is SUBTRACT. If you go to myFico.com, you can see that just a one point difference can cost you one percent (or more) in interest on a car or mortgage. I have those pages printed out for court. Also how much more in interest over the life of the loan you pay. I told her that I would subpoena her if necessary to say what she told me in a court of law, so that she'd better be sure of what she is saying. Just wanna help slay the dragon, guys.

 

I didn't think that you were. I don't take anything to heart. I'm thinking about suing Equifax. Never thought I would, but I am.

 

I believe it depends what court you file in and under what provision.

If filing in a small claims court, it is my understanding that most require damages -- that is the relief that the small claims court is authorized to administer.

The statutes are strict liability -- meaning if there is a violation, there is a violation, and someone is accountable for it.

For instance, a harassing CA making phone calls after they have been told not to or cussing or whatever other line they choose to cross. This violation doesn't really have damages associated with it, monetary, unless you are suing in a court that allows for emotional duress. However, if you can prove the violation, they can be fined for their actions. That is their incentive to tow the line and obey the laws.

Depending on the court and section sued under, there are provisions for punitive damages and attorney's fees as well.

Sassy

 

Here's a blurb from Ed Comb's site:

I. INTRODUCTION

This article provides an overview of recent developments concerning the application of the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. ("FDCPA") (the full text is in an appendix). The statute regulates the conduct of "debt collectors" in collecting "debts" owed or allegedly owed by "consumers." It is designed to protect consumers from unscrupulous collectors, whether or not there is a valid debt. The FDCPA broadly prohibits unfair or unconscionable collection methods; conduct which harasses, oppresses or abuses any debtor; and any false, deceptive or misleading statements, in connection with the collection of a debt; it also requires debt collectors to give debtors certain information. 15 U.S.C. §§1692d, 1692e, 1692f and 1692g.

In enacting the FDCPA, Congress recognized the "universal agreement among scholars, law enforcement officials, and even debt collectors that the number of persons who willfully refuse to pay just debts is minuscule [sic] ... [T]he vast majority of consumers who obtain credit fully intend to repay their debts. When default occurs, it is nearly always due to an unforeseen event such as unemployment, overextension, serious illness, or marital difficulties or divorce."

The FDCPA is liberally construed in favor of the consumer to effectuate its purposes.

Statutory damages are recoverable for violations, whether or not the consumer proves actual damages

Click here to read the whole thing:

http://www.edcombs.com/CM/News/news7.asp

He is an awesome consumer attorney! I do hope he's a lurker.

Hey sister lisa, if you click through his links, btw, he's looking for information and complaints on the Sherman Acquisition dogs too!

There's also TONS of good ammo for you under his mortgage links that is applicable to your chase cubicle paper-pushers! He's the attorney that tried, among other things, the Culpepper case, that was devastating to the predatory mortgage lenders with their yield spread premiums.

Sassy

 

Sassy, regarding the Chase morons, get this....

They took us to court 7/22. The judge threw the case out because they had failed proper procedure. They did not notify the homeowner's assn. So, not one thing was accomplished. He dismissed the case and gave them 21 days to regroup and refile. We were so aggravated. Our atty said it was actually a good thing. That would give him 3 more weeks to try to work something out hopefully avoiding another hearing. Keep in mind that up to this point they still could not compile a payment schedule for our loan. The judge would not look at one shred of the documentation that we had. He didn't want to hear one word of anything from anyone.

Okay, to the day, 21 days later they filed again. This time in their complaint they ask the judge to expedite the process. Their reasoning was this--prior to the 7/22 hearing, we had supposedly reached an agreement with Chase to repay an undetermined amount that they said we owed them. To their remorse they were forced to refile the case because we had defaulted on our agreement after only 21 days! We had made ourselves unavailable and unreceptive to any further agreement or offers of assistance from Chase; thus, the foreclosure was eminent. Chase had done all they could to work this out, and we were deadbeats and liars.

I got this complaint in the mail and I hit the roof. THEY HAVE NOT CONTACTED US BY PHONE, WRITING, OR THROUGH OUR ATTY IN THE ENTIRE LENGTH OF THE LOAN. THE WHOLE DISCUSSION OF A SETTLEMENT WAS A TOTAL LIE.

Now our atty has filed a counter complaint to the judge citing all of the lies in their complaint. It is such an incredible mess. In the meantime, they have changed their reporting on EQ & EX to "Contact Member for Status." What does that mean?