Suing finally starting to pay off!

Just went to court today against a CA. The CA never showed up and was properly served by the courts.

The judge said it was unacceptable!

Award for the Plaintiff.....$2060.50!!


Settled with Kohl's yesterday out of court for $500.00 for an unauthorized inquiry when they ran my credit report without a permissible purpose.

Their attorney folded at the last minute.


Things are looking good!

Now I just have to chase after these people for my money, which I think is gonna be a real fight.

Maybe I'll turn this over to a Collection Agency so they can be hounded like I was!!

Imagine that a CA hounding a CA for collections!

Don't worry I'll make sure they properly validate!

Tac

 

It was a Hard pull.

I've never even been in a Kohl's department store, ever!

Never applied for credit, they had no explanation other then to say we are sorry and these things happen.

Their attorney wanted to leave it at that and not even entertain the thought of paying me or take me seriously until I faxed him a copy of the lawsuit that would have been filed tomorrow.

He called the very next day after that fax wanting to offer settlement.

I was able to do a better business bureau search for Kohl's and get their number for their executive office to call them.

I contacted them by phone and asked the address to their legal department.

They said they didn't have a legal department and to send the letter to their corporate address that they gave me.

I sent them 2 letters and my last letter stated a deadline for them to contact me before suit.

Their lawyer contacted me by mail before the expiration date saying they were sorry and that Kohl's didn't do it intentionally.

I guess they though it would end there.

I contacted her by phone and spoke to her about what they did and the laws, she pretty much blew me off and said...."You would only get your $1000.00 if in fact you win." I said I know I will win!

She said they were sorry but they weren't paying me a cent, if I have to file then go ahead.

I said, Ok not a problem.

I then wrote her another letter stating how I would subponea everyone at Kohl's executive office that I spoke with about this matter, this would be a manager and a credit associate, which I did get their full names and that at the very least Kohl's would have to come down here, pay money for travel and employee's salaries and be inconvienanced. I said if this is all I get then I would be more then satisfied.

I said but....If you do lose be prepared to pay my attorney's fee's for standby counsel @ 275.00hr and court costs, including the judgement the court will award.

I stated...."Yeah, thats more like it Kohl's!!"

Just like in the commerical!! LOL!!!

I also faxed a copy of the suit on the court's application.

She called the next day and was a very different person, now wanting to settle before this Friday.

That is when we agreed on the $500.00 and deletion of the inquiry.

It worked out well.

Tac

 

The inquiry was from the year 2000, I was almost past the statute of limitations to sue.

I merely stated to them that I just recently found the error in my report.

I should be getting the check any day now as I just settled yesterday.

Here is a copy of my follow up letter to her to make them kinda cave in...It is about the 5th letter or fax I've written them...

Kohl's Corporation
Attn: Attorney XXX, ESQ, VP., General Counsel
Attn: Legal Department
N56W 17000 Ridgewood Drive.
Menomonee Falls, WI 53051

RE: Kohlâ??s Department Store TransUnion Inquiry

Dear Ms. Attorney,

I am writing you this letter per our conversation on the morning of August 6th, 2002. I am addressing my newest concerns regarding your follow-up letter to my correspondence dated July 10th, 2002 and June 8th, 2002 respectively.

As a courtesy I have enclosed a copy of your letter with this fax.

After reading your letter and doing some research into this matter I have some issues and concerns with the reason you give for Kohlâ??s permissible purpose for obtaining a copy of my credit report.

You state in your letter â??Kohlâ??s was contacted by a customer, purporting to be XXXXXX, requesting to open a Kohlâ??s charge account. This individual provided Kohlâ??s with your Social Security number, your date of birth XXX X, 19XX, and a home telephone number of 610-555-1212 with which Kohlâ??s obtained a bureau report. Kohlâ??s assumed that the individual on the other end of the telephone line was, in fact, you.â?

Again I will emphatically state I never applied in person or called Kohlâ??s Credit Department to open a Kohlâ??s Charge account at any time. As I stated to you before I have NEVER been in a Kohlâ??s Department Store.

After speaking to a Manager of a local Kohlâ??s Department Store in my area I asked him what Kohlâ??s procedures are used and what safeguards are in place for the application of credit with your company. He stated the application is very detailed and requires the applicant to provide photo picture ID to ensure the identity is correct and he stated they write the ID number on the application as well as an extra safeguard in case fraud does exsist.

I then called your corporate Credit Department of Kohlâ??s and spoke to a representative there. I asked her if it is possible to apply for a Kohlâ??s charge over the phone?

She stated â??No we canâ??t take credit applications over the phoneâ?.

I asked her has it ever been Kohlâ??s policy to accept any credit information for a new customer over the phone and use that information to open a Kohlâ??s charge account?

She stated again â??We do not process credit applications over the phone or take an applicantâ??s social security number or other information to pull their credit report. Kohlâ??s has never done this with any credit application.â?

She stated â??You can go into a Kohlâ??s department store and apply or I can send you an application if you like.â?

You contention is that a person portraying to be me called Kohlâ??s to open a credit card account with your company. I find that hard to believe since my research has concluded that your company does not accept credit applications or personal information over the phone to process a Kohlâ??s Credit Account. Iâ??m sure this is for a very good reason!

You bring up the point in our conversation that Kohlâ??s sent me a promotional inquiry and I called and applied based on this.

This is false, I have lived at this address for almost 5 years and have never received a promotional offer for a credit account with Kohlâ??s. I certainly would never call and apply over the phone for this very reason.

Furthermore, after contacting TransUnion on May 29th, 2002 to discuss this issue they have conveyed to me that in fact Kohlâ??s did procure a copy of my full credit report and receive such. This inquiry must stay on my credit file for 2 years and does negatively effect my (FICO) credit score damaging my credit and quality of life.

The customer service rep stated, if an offer or invitation for credit was to be extended to me by Kohlâ??s they would not supply Kohlâ??s with a full copy of my credit report but only my Name, address and telephone number for Kohlâ??s to approach me and offer me an invitation to open a Kohlâ??s credit account.

She explained promotional inquiries happen all the time from companies offering to extend credit to customers, these promotional inquiries as they are called are listed on my credit file as PRMâ??s next to the inquiry and the company name who received this basic information.

She stated this is a â??Soft inquiryâ?? and promotional inquiries do NOT effect my credit score and the company does not receive a full copy of my credit report without my permission or a permissible purpose.

She stated when a company receives a full copy of my credit report this is considered a â??Hard Inquiryâ? and must remain on my credit files for a period of 2 years by law, again negatively effecting my (FICO) credit score.

There is no previous â??PRMâ? soft inquiry listed for Kohlâ??s and only the â??Hard Inquiryâ? is present notifying me that Kohlâ??s did in fact run my credit and receive a full copy of my credit report on October 6th, 2000 illegally and without a permissible purpose as required by state and federal laws.

This would effectively dispel your belief that an offer for credit was sent out and extended to me prior to the procuring of my full credit report on October 6th, 2000. If this was the case their would have been a PRM Inquiry for Kohlâ??s listed on my TransUnion credit file as required by them (TU) previous to Kohlâ??s procurement of my full credit file on October 6th, 2000. There is no such PRM inquiry listed.

Kohlâ??s failed to use reasonable procedures and implement adequate policies to ensure I was not damaged. As a result of such I continue to have damage to my credit file, invasion of my privacy and violation of my rightâ??s under the law.

Kohlâ??s should have employed proper safeguards and used such to effectively ensure the information which a customer provides is correct and that the customer is in fact who they claim to be by providing State Photo ID or other competent ID to protect a customerâ??s sensitive personal information especially over a phone line and that such consumer is not damaged as a result.

I have offered a fair and reasonable settlement to this matter without the need for costly litigation and other expenses for Kohlâ??s. I have stated such to you in our conversation. I will outline it again here for a pre-settlement offer before litigation becomes necessary.

Kohlâ??s is to pay XXXXXXXX by check or other reasonable means in the amount of $500.00 US Dollars and remove Kohlâ??s illegal inquiry from my TransUnion Credit File.

I will need confirmation of your agreement to this settlement by phone or writing no later then this Friday 5:00pm August 9th, 2002.

If we can agree on this I will send you a â??General Releaseâ? absolving Kohlâ??s from liability over this matter and the effective agreement of such.

This will be the only fair settlement and agreement I will accept for this matter.

I must advise you that if you do not take advantage of my offer to settle at this time I will file suit in my jurisdiction in the amount of $4000.00 this Friday August 9th, 2002 by the close of business 5:00pm.

â??Please see enclosed copy of civil suitâ?

I will properly subpoena all Kohlâ??s employees I have spoken to in regards to this case. This would include a Kohlâ??s Credit Customer Service Representative from your Executive office and a local Kohlâ??s Department Store Manager for the effective representation of my case.

I will also subpoena and have present a representative from TransUnion to affirm my case.

As you can see this is going to be very costly for Kohlâ??s, add to that payment for my Attorneyâ??s fees for standby consul, damages and court costs , you are in a no win situation for your companies illegal actions to take this any further.

You can then state to the judge as famously presented in your commericals....."That's more like it Kohl's!!" to explain and show your permissible purpose for invading my privacy and damaging my credit file.


I am hoping this doesnâ??t have to go that far and we can settle this quickly and without the need for any more damage to either party.

I can be contacted at any time before or after suit is filed at (XXX)555-1212.

Be advised once this suit it filed I will not settle out of court, I will seek appropriate damages for your companies actions.

I thank you for your urgent attention to this matter and I look forward to hearing back from you.


Very Truly Yours,

Frustrated Consumer


Not the best but it worked for me.

Tac

 

Charlie,

The CA account was from 97 and was past the SOL for them to come after me.

Their violations started when I contacted them in march of this year.

The judge came at that amount because that was the amount I was suing for...$2000.00 plus they have to pay court costs of $60.50.

They were properly served but didn't show up! I won by default judgement.

I didn't even have to say a word or even talk to him about my case. He didn't need to hear it as he was too pissed at them for not showing up.

As he stated...."There not wasting this court's time, this is unacceptable!"

"Verdict in favor of Plaintiff for....$2000.00 plus court costs for a total of $2060.50", Yeeha!!

Now collecting is going to be a different matter. I was informed from the OC that the CA has filed for bankruptcy protection.

When I went to sue the OC they folded and settled out of court for $1000.00 and full deletion from my credit report. The only notation then was from their stupid CA who refused to remove it even after I had a copy of the letter the OC sent the CA ordering them to remove it and cease collections.


I don't know if the Bankruptcy thing is true yet.

Even so unless I am told or served with court papers from their lawyer telling me such I will continue with collecting on my judgement. I will file for Writ or Execution and Writ of Garnishment at the end of this month to seize property and bank accounts.

I might even turn it over to a collection agency myself and let them have a taste of their own medicine! LOL!!!

The other settlement is from Kohl's for $500.00 before court for their unauthorized inquiry on my credit report.

So far this year I have made about $2200.00 not counting todays judgement of $2060.50.

This could qualify as a second job and sometimes the work I put into this is just that! Although from the very beginning if these people would just abide by the law and delete they wouldn't have to pay.


I have about 11 other lawsuits pending in the next 2 months, I'll let you know how they pan out as I finish them.

Tac