I'm trying really hard to learn all of this, but there are some things that are still unclear to me (it doesn't help that I'm an auditory and hands-on learner). I have a few questions I need answered so that I can take my next step on an OC. 1. If an entity (old OC) that performs a non-pp ignores the demand letter, is that a separate violation? 2. If a violation, how much can I go after now? I'm torn between giving them a 48 hr demand by fax (I meet with my atty on Wed) stating some obvious things or just suing them. 3. Who's fault is it (OC or CRA) that this is even still on the CR? What I have on them: 1. Still showing their account that was a debt that opened 1987 and defaulted on in 1988 on my CR. (but states even that it was in a bk) 2. Still reporting on a debt that was in a 1988 BK. 3. Did a non-pp pull in Jan of 2004 Am I missing anything?
Hey Shanyl, I just spent the last 6 months in a justice suit against an old OC of mine. They settled for quite a nice amount (I cant say exactly how much because of the settlement agreement) but I was satisfied. I've learned quite a bit about PP and think that I can answer your questions. 1) It is not a separate violation. It does however benefit your case as it shows the judge that you tried to avoid clogging his docket by making a good faith effort to settle the dispute without litigation. Keep the copy of the letter and the CMRRR receipt. 2) Your original claim should be for $1000 plus applicable attorney fees (if you use an attorney vs. Pro Se). If you have the time and desire, I would recommend you go Pro Se. Most lawyers have very, very little knowledge of the case as a whole. If possible, see if you attorney will accept a smaller fee to do document reviews for you to make sure everything follows your local rules and the state rules of civil procedure. It will keep your costs down and make sure that you are getting the full value out of the case. Also, your claim can be amended when you find other issues through the discovery process. I amended my case to the jurisidictional limit allowed by the court--$5,000. 3) With the specifics you listed, both the OC and the CRA are at fault. The problem is (the way I see it) is that is the issues you have are not linked. Here is what I mean-- a) The OC had a non-PP pull You can go after them for that b) The CRA is reporting obsolete information on a BK that should have been removed 6 years ago. You need to send them a CMRRR demanding that it be removed from the credit report as items included in BK can only be reported for a maximum of 10.5 years. If not, sue them. Check to see if the account has been reaged by the OC. If so, it is continued collection efforts on a discharged debt. Add that to your claim against them. Good luck on the case. If you need any help email me at rondaben@msn.com
I just wanted to say thank you and that I will give this the attention it deserves later this afternoon. Didn't want to let this go all day without saying thanks. I'll be back on later today.
Part 1 Rondaben, I can't begin to imagine your struggle for 6 months over this. 30 days is enough to drive me crazy! What I want to do is to NOT have to end up in court over this, I want to settle it now. That said, I have an attorney that is of no expense to me whom I meet with on Wednesday if they don't pay up. In my fax to them I want to basically say "look, I gave you 30 days, you act like you don't know, but not only can I produce a copy of the pull but you are still showing up on my CR. Infact, maybe it's best you DON'T respond to my non-pp request because in court I will go after you for the non-pp, for pulling it following a bk 16 years ago AND for still reporting it to my CR. Furthermore, I will also seek the maximum allowed penalties, legal fees and file a complaint with the BBB." They are a smallish CU but for a MAJOR MAJOR university in the US. When I noticed them with my CRRR, they did call and say, we don't have you in our system and probably blew me off. I am seriously considering not listing all the legal mumbo jumbo and just go for straight fact. ie: Here is a copy (with parts whited out of course) our you non-pp pull You recovered this vehicle 16 years ago in a repo. You were a listed creditor in my bk 13 years ago You are still showing on my credit report You've lost your opportunity to pay the single violation of $1000. To keep me from filing and obtain a legal release from me, you now owe $______ in fines for the following violations which are to be paid to me by Wednesday 10:00 a.m. EST Otherwise, further communication from me will be through my attorney Mr. X at Blah Blah Street in Kalamazoo, MI. Can I do this - with out sounding like I'm extorting or blackmailing them? It is my right to pursue this.... and I know that because of their size, they won't show up in court. And if they did, I know I'd win. Part 2 on the way....
Part 2 It has not been re-aged. It simply shows: 000XXXX Acct Type: Auto Loan Acct Status: Closed Monthly Payment: $0 Date Open: Aug, 1987 Balance: $0 Terms: 10 Months High Balance: N/A Limit: N/A Past Due: $0 Remarks: N/A Payment Status: Debt included in or discharged through Bankruptcy Chapter 7, 11, or 12 The BK was in approx. 1990/91 (divorce) Why they are still reporting it is anyones guess. I've disputed it the the CRA - but nothing on my record shows that it's in dispute. Then there is this company doing the same thing: Account Number: 105XXXX 105XXXX 105XXXX Acct Type: N/A Auto Loan Installment account Acct Status: Open Open Closed Monthly Payment: $0 $0 $359 Date Open: 10/97 10/97 10/97 Balance: $0 $5,646 $5,646 Terms: N/A 48 Months 48 Months High Balance: $0 N/A $17,271 Limit: N/A N/A N/A Past Due: $0 $0 $1,203 Remarks: CUSTOMER UNABLE TO LOCATE CONSUMER or AUTO CONTACT MEMBER FOR STATUS Special handling-contact subscriber if more info is needed Payment Status: CONTACT MEMBER FOR STATUS Credit grantor cannot locate consumer Charged off as bad debt This was in my 2000 bk. Doesn't "open" on the status constitute collection? It also shows a p/due balance and an all time high of 17K when it was an 8K loan. AND they have done 5 or 6 pulls in the last 6 months! I want to hit them for EACH pull... can I? And what about their reporting? I disputed it with the CRAs, and again, it's not showing it in dispute. I think I need to (on this second one): 1. Send them a C&D 2. Send a CRRR for the non-pps 3. See if they validate with the CRAs and if so, hit them with a law suit. I'm contacting the county sheriff on Monday because they are contacted when vehicles are repo'd. They are claiming not only falsely and thus damaging my credit even further that i'm evasive nad hiding the car (that's how I read it). I can get specifics from the sheriff as it's been, oh......5 years since the repo. If I send them the C&D - because of the bk not because of timebarred am I ok? My concern is if I do that, they then might change the TL to closed / IIB.
Well, I don't really think that you are going to have a quick and easy fix to your problem. The good news though is that it is likely you WON'T end up in court over this. Over 80% of all lawsuits are settled out of court. I never once saw the judge in my case in the 6 months--not even for a hearing. The first question is how much do you want for you efforts? I suggest suing for the statutory limits afforded to you in your small claims court. In texas it is 5K but I'm not sure what it is in MI. That would be your first thing to find out. (If you use your attorney to handle this you will ask for much, much much more. You will want to go for things like mental anguish, defamation, etc. He will be able to help you with that but you should be talking 5-6 figures easily). As far as sending them any further requests to settle you have already made the effort to avoid litigation by offering a very reasonable settlement offer. If they didn't respond to it, you can rest assured that they won't respond to another. The only thing that will get their attention is when they are served with the lawsuit. Trust me on this, they think that you will just go away. You are not important to them and until you show that you are willing to go to court over it they see settlement with you as an unnecessary cost of business. That is also why they will be willing to settle with you before the case goes to trial. Do you have the copy of your disputes with the CRA on this account? If so, you can enjoin them in the lawsuit. Believe me, this is quite fun. The OC and CRA will be at each other's throat trying to blame one another for the obvious violation. Ok...next company Yes..you can sue them for each non-pp violation--1K each for each CRA they pulled from. This one will be fun also because it is fairly close to your bankruptcy. Here's what I would do: 1) Tell them that they have accessed your credit report without a valid PP on 6 occasions 2) They have violated BK law by collecting on a debt which has been discharged 3) They are interfering with your ability to obtain new credit due to false and libelous reporting to the CRAs Demand oh....5K certified check and deletion of the tradeline within 30 days or you will file a suit. Then, just as you did with the other problem FILE THE SUIT. Nothing will get their attention faster than a summons Don't worry about them changing it to IIB. 1) I don't think that would effect your score as much as a false "charge off" does 2) you will demand that they delete the tradeline These problems aren't going to be fixed any time soon, but there is probably a fairly lucrative payday for your work if you want to do it. One thing I found out was that once it gets into the hands of the court is slows down considerably and is much easier to handle. You will do fine, just know that you will win and all will be right in the end. GOOD LUCK!
