Re: email, Trans Union I don't know what it is, but if there isn't a law against it then it is a violation of the code of ethics or something. I know that FDCPA makes it illegal in a collection effort but this isn't a collection effort. That's the part that makes it unclear to me. So I don't know what the answer is since it's not a collection effort. But my instincts tell me it's wrong. That's all I know and they only way to find out is to contact your lawyer and ask him if it's ok or not.
Re: email, Trans Union I also thought that once you have an atty the opposing counsel is supposed to talk with your atty. tape the call. start out by quietly saying that you wonder if you can do a good job talking with him and maybe you should have your atty talk with him if he says not to bother you really could have ethics violations... but play it off and see what happens. you can always have your atty talk with him if you want to later and use the conversation directly with you as more leverage. I think it's slimy to make you pay for an atty and then want to settle. get them to pay your atty fees because they changed the venue. try to get 1000 for the series of violations. Tell them the offer was prior to the change of venue and that now you have more expenses in addition to the original harms... do this as a "thinking out loud" thing and see how he responds. don't just cave for deletions first off. they tried to bully you. push back a bit now. see where the limits really are now that it's in fed court. worst case is you can punt back to deletions for drop of lawsuit.
Re: email, Trans Union I agree with Greg. Don't agree or sign any type of gag agreement on the case. I think it is important for all of us at creditnet to be aware of your situation and the outcome. This could possibly help many of us in the future.
Re: email, Trans Union Thanks for the responses everybody. Ok, I found out this morning that their lawyer did call my lawyer yesterday before calling me. My lawyer told them to call me direct to see what I would have to say about this. I spoke to their lawyer this a.m. He said if I would send him a copy of my report with the items in question circled, with an explanation of my allegations, that he would take it to credit data the same day, and ask them to fix the items as I request. You guys are right, they thought by moving it to federal court that they would intimidate me into surrender. Once they found out I was serious and got an atty. their song changed a little bit. I have made copies of everything now and am having it sent to Phoenix by courrier. They should have it tomorrow afternoon. I'll of course let you guys know the outcome.
Re: email, Trans Union So how much money they going to pay you for your grief, your attorney fees and all the rest?
Re: email, Trans Union That will be left up to my atty. after I find out that they did exactly what I asked. Once I see that and they want me to dismiss the case, I'll tell them to call my atty. However, in my original complaint I only asked for $2000, so I don't know if I can get any more than that.
Re: email, Trans Union Maybe so, but your original case was filed in small claims and they bumped it so I'd think they bumped the price tag too. I'd be thinking at least $5,000 now. No, more than that because the lawyer will come up wanting about half of what you get. And then there are the fees.
Re: email, Trans Union You have the leverage because they want to settle. If they refuse to pay more, then continue with the legal action. I've always found this interesting regarding negotiating a settlement: http://webpan.com/pgrice/chevy.htm (see the heading: Settlement Negotiations)
Re: email, Trans Union I heard from the "bad guys" today. They are slowly breaking down. They have agreed to remove 1 account, are deciding on 2 accounts, and say the 3rd from gulf state they can't remove because gulf state just verified it. I told them gulf state is in serious violation of the FDCPA for not validating when requested more than 75 days ago. I told him "you saw the proof of this, this also must be removed". We have a deadline of Friday for filing docs. so they are kind running around trying to settle this. He told me an updated report (with what they can do) along with a motion to dismiss will be sent fedex tonight. So I should know exactly what their offer is in the morning. P.S. - I'll quit posting to this thread when it hits 300 LOL
Re: email, Trans Union Thats GREAT news.... doesn't it just piss you off that everything runs into deadlines... they make things so much more stressful than needed.... Keep us updated.... 400 posts or whatever!
Re: email, Trans Union 293 - DOUBLE LOL!! But seriously; keep us posted even if it does take 400. With what you are up against - it just might. One thing does bother me. In my opinion, your attorney should not have told the defendants attorney to contact you directly. We are all pulling for you here. Best regards, Jim
Re: email, Trans Union Hey Jim, You may be right. I asked my lawyer about that and he said his reason for telling them to contact me directly was "he knew I would want to make the decision". Not really a big deal. If and when it comes down to a serious decision, my atty. will have to earn his keep.
Re: email, Trans Union His reasoning may have been with good intentions, but he should have already realized that you could have just as easily made your decision in his office or other means of contact with him which would have allowed you his consultation. He should have already realized that the defendant has committed a fraud upon the court. Such actions as have been perpetrated upon you seem to me to be pretty clearly defined in the Federal fraud statutes and you can easily check out my thinking on this matter by looking up the federal fraud statutes and seeing what they have to say about just such a situation as has occured here. They bumped you and then when you didn't chicken out they attempted to negotiate and in doing so they attempted to defraud you out of your day in court. The way I read the Fraud statutes, that's specifically outlawed under federal law. Now than, you know I'm no lawyer so I could have read it all wrong. Would nto be the first time and if I am wrong it won't be the last time either. May I respectfully suggest that you go check it out for yourself and see what you think? All you have to do is use the search engines and you will find the same statutes I did.
