to sue or not to sue?

Discussion in 'Credit Talk' started by tnobles, Sep 23, 2002.

  1. tnobles

    tnobles Well-Known Member

    o.k. here's this spill. Back in 99' I left an apartment, it was the last month of my lease. 5 months ago i get a mortgage loan, this apt. is showing up. balance of $151.00. So I send the apt. manager this letter.

    I Kelly Randall, agree as a representative of xxxxxxx apts., upon reciept of payment, from tnobles ss#xxxxx, to remove all accounts from any and all credit reporting agencies immediately, and I agree to not report this account at any time in the future.
    amount $151.00 for apt. xx

    Representative of xxxxx apts._________

    So she signs: Kelly Randall mgr.

    She sent it back. All the while I am disputing the acct w/ Equ. that was about 6 wks. ago. I call Equ. they tell me she is verifying the acct. So I call her. She tells me, I sent them the card in last week showing the acct. paid. I said kelly I do not want it showing paid, I want it deleted. She said well I don't know if I can do that I will have to call the home office, and make sure that that is o.k.

    So how do I approach this tastefuly? I don't want to start threatning to sue her b/c she has always been good to me and she genuinely does not seem to realize here how the reporting system works. But I do expect the account to come off per our agreement.

    BTW i did send her payment, I left that part out.
     
  2. tnobles

    tnobles Well-Known Member

    ?
     
  3. Manequinne

    Manequinne Well-Known Member

    I can't answer your specific question, but:

    Did she call the home office?

    What did they say?

    Can you explain to her how the credit/deletion process works, and ask her to work on them? (home office).

    She might have pull with them that can really help you.

    I too would be careful about threatening to sue, because the day she is served, I betcha that will be the day she says she was gonna help ;-)
     
  4. tnobles

    tnobles Well-Known Member

    last time I talked to her was a couple of hours ago, she said she was going to call them and figure out what to do.(BTW, I do not think she even realizes that she signed an agreement to DELETE) I imagine they are going to tell her to report as paid. Though I do not want to sue, I will. This letter is all I need to prevail in small claims court? Do I sue for damages as well? I have never done the suing thing. But like I said I do not want to strongarm her at this point, I would like to be tactful about it but still get my way.
     
  5. Manequinne

    Manequinne Well-Known Member

    Wow,

    I really don't know about the suing thing with this matter.

    I know there is someone out there that has some type of experience in this matter.

    IN the later part of the evening, the board is more active, maybe someone with experience in this matter will see this post and help.

    I'm sorry I couldn't help, but I wanna wish you good luck.......
     
  6. Manequinne

    Manequinne Well-Known Member

    I just thought about this:

    If they tell her to mark it as paid.

    Tell her 'But wait, I have your signature on a letter stating you would delete, and this letter is legally binding, and I know a judge would side with me'.

    Make sure you are VERRRRY nice about it so she doesn't feel threatened at first.

    I guess if she gets nasty, then you can get nasty?

    Again, this evening, someone else might have a better idea/answer.
     
  7. tnobles

    tnobles Well-Known Member

    Thank you anyway. I pretty much know the answer I am just looking for an amicable way of resolving this. I have no current relationship w/this woman but you know the old saying 'I don't want to burn any bridges'. But I still want her to honor the contract.
     
  8. Manequinne

    Manequinne Well-Known Member

    Oh, o.k. I got it.

    I still wanna wish you luck...........
     
  9. tnobles

    tnobles Well-Known Member

    bump
     
  10. ohnostuck

    ohnostuck Well-Known Member

    Hi. I would try this.

    Talk fast, do not pause...don't let her get a word in till you are finished

    Hi Kelly this is <insert your name here LOL) I am
    hoping that you have gotten this situation straightened out with the main office. I spoke to my attorney and he advised me that when you signed that letter and agreed to remove this account from my credit reports you are legally bound to do so. You have always been great to me and I appreicate your efforts to correct the mistake they made listing this as a paid collection on my report. Have you gotten this fixed yet?
     
  11. Butch

    Butch Well-Known Member

    Oh Well,

    LOL

    It may be you'll have to bypass the poor little thing and go straight to the home office.

    You agreement sounds binding to me.
     
  12. tnobles

    tnobles Well-Known Member

    thanx guys/gals
     

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