Anyone that needs a copy of this can send me their address at caseybjones@yahoo.com and I'll send them a copy. This was sent to both TU and EX. I called and rescheduled the issue for June 4th 2002 at 1:30pm. My only fear is that they will show up becasue it is so beautiful here and they probably want to come back. Anyway, I'm gathering my facts now, and you can bet everything you own that I will know my code inside and out, backward and forward. Interesting note, monetary damages only. Make sure that before you file that you actually get credit and pay the price. For example, anyone regardless of credit can get a car for 25% down and 30% interest. (Yes I have paid that). Also if you can't get a mortgage, try to get a hard money loan, then sue for the difference. The reason I mention this is most legislatures don't start from scratch, they take code from other states, whcih mean small claims should be pretty similar in most states. CBJ
Attach a brief that uses these rules to explain why she has jurisdiction. Unless of course she really doesn't want to hear these cases. If she doesn't even know the authority of her court it makes you wonder how much less she might know about the consumer protection laws.Having her preside would make me very uncomfortable. One other thought.... why do the CRA's care? It can't possibly be the integrity of their databases, as their databases have no integrity as has been proven over and over again here and other places. Because correct info.would raise scores which makes their clients unhappy. Fico Depends on fictious credit reports to generate the fraudulent low credit scores.Without the fake scores creditors lose the excuse to price gouge. So if we figure out who makes money from people with bad credit, then maybe we would be a little closer to knowing the weaknesses of our enemy. That's not hard to figure It's CRAs CAs FICO Lenders & Insurers! So how much extra money does the lending institutions make with someone in the 600's compared to someone in the 700's. Billions a year no doubt. CBJ You forgot to include insurers. _______------------______---------------_____
Great! So do you have damages? Could being denied for credit be damages within the scope of the law cited?
I have some damages. For the last year I've had a 15% hard money mortgage while I was fighting with the CRA's That's quite a bit of interest, plus filing fees, and CRRR expenses. The way I understand it is only out of pocket expenses. Seems to me that it makes sense to get whatever credit you can while building a case for court. CBJ
Kudos to that judge for doing homework!!!!!! That doesn't mean she won't impose statuatory fines on the CRA's does it -- $1,000 for violation/ action? I'm sending you email for a copy please! TY in advance. Sassy
It's sometimes works to ones advantage to live in a small town where a judge has time to do that. I'm pretty proud of her myself. I don't know about statutory fines, but I do have documented actual money damages because I had to get a 15% mortgage at a cost of $396 extra per month. I have a strong case, that is made even stronger by the fact that both of the CR's that they brought into court contained at least 4 errors each. I believe the Judge will take one look at that and ask them if they really are going to try to sit there and tell her they are doing a good job with peoples credit information. This si\hould be fun, I like making suit squrim. CBJ
caseybjone | 47 posts since He actually tried to tell me that they are required by law to report inaccurate information the creditors give them. He kept talking about how they make sure the information was correct Then why is it wrong? integrity of their database if they didn't. The only thing hurting it is them and the info.furnishers.
Went to Court, everyone read!!!! caseybjone | 47 I thinkit's time that these folks realized that they are messing with peoples lives, and that they need to make absolutely damn sure that the person owes the debt before they report it. ^^^^^^^^^^^^^^^^^^^^^^^^ They know this but that's not their goal. The purpose is to milk people for all they are worth. If they made sure every thing was correct scores would shoot up which in trun would dry up the money pool. lb59
ted75 | 119 An action to enforce any liability created under this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, ================ Is this saying a small claims court can not refuse to hear a case due to the amount being sued for? lb59
No that's the point of the words "competent jurisdiction". It is my understanding that competent jurisdiction means that you are following all of the rules of the court. IOW you CAN'T sue for $10,000 if the limit of the court is $4,000. CBJ
No that's the point of the words "competent jurisdiction". It is my understanding that competent jurisdiction means that you are following all of the rules of the court. IOW you CAN'T sue for $10,000 if the limit of the court is $4,000. CBJ ================== Is this saying a small claims court cannot refuse to hear a case due to the amount being sued for? lb59 Didn't think this sounded right, That's why I asked. Thanks for your answer. lb59
Re: Went to Court, everyone read!!!! caseybjone | 53 posts since Jan 2002 64.240.106.157 | 05.15.2002 @ 16:38 quote:-------------------------------------------------------------------------------- Originally posted by lbrown59 LBrown59 ted75 | 119 By your judge's response...I don't think SHE was competent...what an idiot.. =============With this kind of enforcement we really don't have any consumer protection laws. The feds won't do anything about it. The courts won't act so you have nobody looking out for you. The only thing left is Quit doing business with those who use CRAs and or FICO. The choice is clear either that or put up with it. -------------------------------------------------------------------------------- The tax write off alone is a lot of money to walk away from. *This is good unless or until they slap you along side the head with a jacked up rate of 20 to 35 % because of some screwed up report or fico score.59 I think your point is valid, I also think that it is as hard to get people to do as it is to change the current system. * Sure it is and that's how they get by buy with putting the shaft to consumers. LB It just cost too much to quit. *If something goes wrong it could cost a lot more to participate. Actually it probably does anyway even if things don't go wrong.L B 59
