Okay, so i sued Experian over some inaccurate items on my credit file, and my courtdate was set for 3/26..however I received a notice in the mail today stating that the defendant requested a continuance to april 24th. I subsequently called experian and spoke to a manager at their 800# (who was in their special disputes dept), and explained that I was not seeking monetary gain in this suit, I simply want to get the inaccurate marks off my report...to which she basically responded , **** off and we'll do another investigation. JESUS CHRIST, WHAT GOOD WILL A FOURTH INVESTIGATION DO. Has anyone else had these kinds of problems after suing a credit bureau? I just want my freakin' credit report to be accurate. Although I'm entitled to several thousand dollars due to numerous FCRA violations, I'd much rather get this matter settled. Argh. Anyway, I'm through venting. Has anyone here sued a CB an encountered similar problems?
I haven't, but I do think that in dealing with the manager, you aren't going to get the results you are seeking. They probably have little clue what their actions could cause for their company (either that or they don't care). I would wait until they file their answer (if they haven't already) and then speak to their lawyers. I wouldn't tell them I don't want monetary gain though (that's their incentive to take care of this)...I would start out high and leave room for negotiation so it will look like a bargain to them to just delete. Besides...you should at least get your $1,000. A jury is unpredictable and hopefully you requested a jury trial. If you are willing to carry it through to the end and they know this...the more it will cost them if only in legal fees. Whatever you do...don't blink! Just my opinion... L
I'm ready to file suite with Experian too. I think both parties would have to agree to a continuance. If you decline, then they would have to appear. If they do not appear on the already scheduled court date, then you win by default. The mere fact that they requested a continuance may be a indicator that they are not perpared to defend this claim. As the court date draws near, they may be more likely to work with you for a deletion if the could avoid a court appearance and a monetary award. Wishing you the best.
Well first of all, I have proof of sending 4 disputes to which I did not receive a response AT ALL. I also sent a letter requesting procedures to which I received a form stating that they do not reinvestigate items disputed more than twice...which I wasn't even asking for a dispute. I have all of my green return receipt cards and copies of letters...Do you think I have a good case? Who did you speak to at experian, by the way? Did you speak to someone at their general 800# or one of their lawyers.
LK: How much time elapsed before you were contacted by experians lawyers? I filed 2 weeks ago and the initial courtdate was set to 3.26, and they have yet to make any attempt to contact me. I'm growing worried that they aren't interested in settling and want to pursue the matter in court I mean, I could use the $$$ but I just want the freakin' inaccurate tradelines removed
It sounds to me like they want you to blink, and you just about did when you called the manager. Don't call them again -- if you truly feel they're in the wrong, THEY should be the ones bartering with you, not the other way around. Having read about Lizardking's and Christi's cases, the main thing I noticed is that they both were very firm and unafraid to actually go to court. It doesn't sound like you're very confident in your case, and TU may be picking up on that.
I actually dealt with a local affiliate of Experian. When they filed their response and their motion to bump to federal ct., I called their atty. I didn't know prior to that who their atty was. He had never received the offer of settlement that was with the lawsuit. When I told him about it, and they were made aware that I had an atty if need be, they then started negotiating. I didn't ask for monetary damages. I wanted my derogs deleted, which I eventually got. We never went to court. I will bet they contact you a day or two before you go to court to offer some sort of settlement. Do not call a manager again as they have an atty handling this. If you don't know who the atty is, go to the courthouse and look at the file on your case. Then, maybe call the atty and see what they propose.
