Time to sue?

Discussion in 'Credit Talk' started by BruteForce, Jan 18, 2002.

  1. BruteForce

    BruteForce Well-Known Member

    In mid November I sent out letters demanding proof of debt to 2 creditors. After 30 days I sent out another letter since I had not heard any replies. Just today one of them finally got in touch with me and said they would honor my request.

    So what are my options for the 2nd creditor? Do I have to take these idiots to court before they'll delete a debt that was never mine? I'm really at a loss as to what to do and would appreciate any info you can provide.

    P.S. The second letter was signed for by them on January 5th.
     
  2. kustomkat

    kustomkat Well-Known Member

    I would definitely sue.
    You have grounds.

    are they on your credit report.

    Kev
     
  3. BruteForce

    BruteForce Well-Known Member

    yea...apparently for 4 years. guess i should have checked my credit report sooner.
     
  4. BruteForce

    BruteForce Well-Known Member

    bump

    i'd like some more opinions on this if anyone is willing to share.
     
  5. Marie

    Marie Well-Known Member

    If they don't respond to the first letter or if the response is inadequate, send the second letter (the estoppel letter).

    I would actually send the second letter to both companies. It's not our duty to bug them to death until they finally decide to comply with the law.

    If you still get nothing, 15 days after receipt of the second letter then yes, you have to sue the idiots to get any satisfaction.

    It's better if you have actual damages for the lawsuit. Meaning, apply and get declined, ask for a limit increase and don't get it, etc.

    Use those as actual damages, FDCPA and FCRA violations, time, expenses. DONT just settle with deletion. Get paid for your time and effort. If they truly have nothing then you'll win and get a deletion and money.
     
  6. keltexx

    keltexx Well-Known Member

    Ditto Maries response. The creditor that contacted you-did they give you a real validation, or did they just say "Oh, ok, uue'll validated it for you.."-that sounds like a big stall to me.

    I uuould take on both. Don't give them any more time-you have been more than patient.
     
  7. BruteForce

    BruteForce Well-Known Member

    Actually, the creditor that responded left me a voice mail claiming they would honor my request (which was full deletion and proof). I'm still waiting on that letter.

    I have received absolutely no response from the other one. I was really trying to avoid suing them, but if that's what it takes....

    Thanks for the responses.
     

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