Well, I have been posting about how I am preparing for court and I haven't had to go yet. All of those who I have sent final notices to folded until now. I started with the nutcase letters to 1st m**w**t bank because they kept verifying late and different payment histories on an old account and I was sent a "take it up with the CRAs" letter. So fine. I sent the followup nutcase with a 10 day limit and no answer. I called the person who sent it to me and he called my job and didn't leave a message. So I have spent all week trying to resolve this and finally after arguing with a rude cust. service woman who claimed that with her 20 years of collections experience that she knew better than me, I was transferred to a voicemail fo some person who had nothing to do with my situation just to get rid of me. So I decided to give it one more shot before I filed and called their legal dept. The guy told me that the CRAs were at fault and that there was no way that they were reporting differently to different bureaus. And the guy who I previously tried to speak to about this account had spoke to him about it and he was told that the account was paid "many, many, many, many, many times". All bull. Then he asked me if I had received the letter that asking for verification of my identity, address, etc. I live the next town over and the lawyer said that it was sent last week. So, he tried to end the call by telling me when I get the letter send in what it's asking for and we'll go from there. I said that better yet we will go by my plan which is read the correspondence that was sent and I would prepare my complaint so that it can be faxed to him before I file it. He didn't like that too much and said that if I file it, basically they will countersue for damages for filing a frivilous lawsuit. And then he hung up. Now get this. He tried to tell me that the letters that I sent were not actually sent at all. Whatever!!!! I have the CRRRs to prove it! So, I called the law firm who handled the case against gulf state and won and they said fax my case and they will take a look. I have damages because we were denied a discover card and have paid outrageous interest on car loans in the past. There is only one thing I am worried about is that the credit report isn't perfect. Do I have to worry about there being 2 other collections on there when proving that they caused damages when continually verified erronous info with the credit bureaus and never supplying the info as I requested? Couldn't they try and say that the other entries caused the denial? If they do, how do I get around that? I am planning my counter strategy just in case I decide to go to small claims. If this law firm rejects the case(they only take them if they think that can win) it's all up to me and I am not about to fold. I have read through all of credit acts to see if I can find anything to help me and I have come up empty handed. Please lawsuit veterans.... any ideas? I hope my babble makes sense and thank you for any replies.
Hi Milkmom, It sounds to me as if their lawyer is simply trying to intimidate you. Perhaps you could call his bluff and initiate a small claims suit, then try to settle after he is served with the papers. I've heard of many cases where it took an actual filing of the court papers to get taken seriously. In any case, I wish you luck! Calmest_LA
I think your right. He is trying to make me fold. Ultimately I really want to handle this myself but I am worried about if I have to go to court can I prove damages and how if they say that other derogatory accounts caused the denial and not the entry they continually verify.
Milkmom, I see 2 potential problems in proving damages. As you point out, 2 other collections will hurt your scores and you can't say for sure whay you auto loan rate would be even if this account was reported correctly with those derogs. Also, it is unlikely Discover would have granted you credit with 2 collections. Finally, is it your account and, were you ever late multiple times? Expect that question to be asked.
Yes that account is mine. We were never late on this account. They reported it correctly with inn**is but with the other 3, there are varying lates reported.
you can prove damages because scores are lower because of the inaccuracy of this one account. Go to fair issaac's website and get some information on what impacts credit scores. fyi, i had 10 negs when i sued exp for fcra violations and i proved damages to the court (by default, but i still had to prove damages to win $)
Thank you very much!!!! If it's ok with you, may I correspond with you privately if I run into trouble?
Union how did you prove damages. Did you get a deletion or collect on your default judgement. It seems idiotic for them not to show up for court.
yes, you can email me ( it is enabled). I proved damages by applying for credit and being denied. my extensive paper trail helped. yes, I will collect on my judgment and should be getting check any day.... still negotiating on the deletions but expect to work it out!
Dear MilkMom, Who is the firm who beat Gulf State? I have a hellofa case and will need some help with it. Send me a private email if ya want. Thanx, victory@ameritech.net
The case dealt with Illinois residents who had a account with gulf state. Claudette Catlett vs Gulf State Attorney for plaintiff :edelman, combs, & latturner 312-917-4504 fax 312-419-0379 chicago based I talked to someone there because i am considering a suit against a bank. They say it will take about 48 hours to make a determination.
