Re: Re: Thrown out of EQUIFAX!!!! Equifax did confirm to me that it WAS because of the suit and that "in the future all activity concerning my credit file will be handled by the attorneys". I presume that means also handing it out when I apply for credit.
Re: Re: Thrown out of EQUIFAX!!!! This just seems wrong to me. This is your personal credit file. I hope you use this in your lawsuit someway. What was the court case that this was argued? Does anyone know?
Re: Re: Thrown out of EQUIFAX!!!! Doesn't that state they must give you a report??? To me this means they have committed another violation. Am I wrong??
Re: Re: Re: Thrown out of EQUIFAX!!!! Maybe, but they are already withholding it because I'm suing them over something else. Now I have an ITS letter outstanding against TU!!!! That would leave only EXP as my sole CRA that's available. I guess the way to overcome bad credit is to sue the CRA's so you will have NO credit.
Re: Re: Re: Thrown out of EQUIFAX!!!! David Szwak posted on this " I forgot to mention the unreported ruling we received in L.A. Thompson v. Equifax, MD, Ala, federal court, where the court found it to violate the FCRA if the CRA posts a message to a subscriber that plaintiff's credit file is unavailable and under review, etc., simply because they took it offline to spite plaintiff since he filed suit. Equifax still does this despite the ruling so I add it as a Count/claim. They would rather take you offline if you sue them than to fix the errors and reasonably believe that they can fix it. "
Re: Re: Re: Thrown out of EQUIFAX!!!! Ok another question. What if you go to a local loan office or car dealership. You want to get a loan and they pull EQ. They go to pull it and they can't get it. So they don't give you a loan because they can't see your credit. Wouldn't this be counted as a denial of credit?? I would guess so, any thoughts?
Re: Re: Re: Thrown out of EQUIFAX!!!! It should be actual damages (against the CRA), since the company would probably deny your credit application, that being an adverse reaction based on their actions, giving you the opportunity to sue the CRA (again) for REAL damages incurred because of the adverse reaction, and the statutory civil penalty for the violation.
Re: Re: Re: Re: Thrown out of EQUIFAX!!!! This is really getting funny - I sue the CRa and they block access to my credit file because of the litigation, giving me cause to sue the CRA again, so they can continue to block access to my credit file because of ths econd litigation, creating a third, fourth, fifth, etc, etc, etc cause of action. Anyone else care to join me on this treadmill?
Re: Re: Re: Re: Thrown out of EQUIFAX!!!! That would make it a continuous court case. I tend to think it would be a actual damage type of thing. All you would have to do is amend your complaint to include their denial of you credit report, including being denied the loan for that fact. Right?
Re: Re: Re: Re: Re: Thrown out of EQUIFAX!!!! Actually, that would be a separate cause of action, not related to the first. Their denying me access to my credit file, and therefore access to credit, is in retalliation for my daring to sue them for other, unrelated violations of law. It's like trying to convince the judge that, because you ran a red light you just HAD to run a stop sign also.
Re: Re: Re: Re: Re: Thrown out of EQUIFAX!!!! I consider then seperate. I don't see why you couldn't add the damages from them withholding your credit report to the current lawsuit. What would stop you. Even if you had to file another lawsuit about it, wouldn't you just go agead and do it right now? Why wait? I have actually heard there is a way around their block. I was reading on another board of a person who was able to access his CR even though they blocked him. Not going to say how on this open board though. If you want to know flying, drop me an email.
Are they denying you access to your report completely or are they only denying online access. Have you written for a copy of your report?
Re: Re: Re: Re: Re: Re: Thrown out of EQUIFAX!!!! What stops me is the $2500 Small Claims Court limit. I'm already suing for $2000 for other FCRA violations.
I haven't written for a report yet - no real reason to, but I have been told by a VP at EFX that the attorneys would handle THAT also - that they are handling EVERYTHING regarding my credit file.
Re: Re: Thrown out of EQUIFAX!!!! Well, IMHO, until you write them, and they decline, your case may be weak. As far as you know they are only denying you online access. The FCRA says they MAY disclose by other means, but they do not have to. See 610
Re: Re: Re: Thrown out of EQUIFAX!!!! Thanks. One suit at a time. I DO have a 2 year SOL under FCRA so it won't go away.
Re: Re: Re: Thrown out of EQUIFAX!!!! Paper, Flying, you need it on paper!!!!!!! Doesn't matter what they say on the phone. Sassy
Re: Re: Re: Re: Thrown out of EQUIFAX!!!! I'll do even better than paper - I'll be getting it in SWORN COURT TESTIMONY. With a trial upcoming, nothing stops me from asking an EFX witness about that.
