hehe...they just keep racking up violations. Now they are taking it much too personally. A jury is going to love to hear this I have them on a failure to notify after re-insertion of a disputed item they removed. I sent the ITS letter demanding deletion, steps to safeguard that it won't happen again and a tidy check of $1,000. Well, they deleted the info again, but nothing else. I'm hoping its reinserted next month so that it shows just how useless they are. After this I sent another dispute for all of the tick tack things that were wrong--closed accounts listed as open, wrong account types, incorrect monthly payment amounts, etc. They got over 70 items to fix. What have they done this far? They have fraudulently entered 3 30day delinquencies in the last 24 months on an account that was paid in full and closed in the summer of 2001. Sound like a bit of retribution by good old TU? I sure am going to enjoy letting them explain their reasons to a jury for doing that one. The OC is playing well for me. THey are sending billing statements for the last 6 years, and a statement that says the account was closed in 2001 and that they are reporting it that way. It could get expensive on 70 counts of failure to investigate and correct, failure to notify of reinsertion of previously deleted information, and vindictive and intentional infliction of harm to thier beloved consumer. I feel lots of emotional damage, embarassment, and potential ramifications at my work for this problem. Not to mention the 30 day lates are interfering with my ability to refi my house. Any suggestions on an amount that may compensate me for these damages?
You may have to sue both OC and CRA, since they will both probably point fingers at each other. Have you gotten a quote from a banker or mortgage broker to establish damages, i.e.: excessive interest or points compared to case without the negative tradeline, or rate high enough to make it uneconomical to take advantage of current low rates? Are there other negatives on your report they might try to shift the blame to? Have you notified the OC that whatever they may think, THEY are still reporting an erroneous negative tradeline to the CRA, and THEY have not removed it? Establish that if you could have refinanced now, real damages accrue from now until they (both OC and CRA) actually fix it.
Ontrack is on track...unless you can establish actual damages (say, by differing interest rates caused by these issues), you're probably realistically looking at about $2000-$3000. Without taking the lost opportunities into question, all of their FCRA violations would still be considered one instance, or one case. Even if filed separately, their in-house legal staff should be able to get that consolidated in court, and come back at you for 'abuse of process' if they want to (I'm not saying that you are intending to abuse the process, it's just a scenario). So their FCRA penalty would max out at $1000, plus a multiplier of 1 or 2 for the emotional distress. This is all a semi-educated guess on my part I actually hope you can get more out of it.
