when you sue a CRA do you....

Discussion in 'Credit Talk' started by gmaof1, Jan 20, 2004.

  1. gmaof1

    gmaof1 Well-Known Member

    When filing suit against a CRA, do you list each violation or use a general statement such as "numerous FCRA violations"?
     
  2. Butch

    Butch Well-Known Member


    Real iffy Gmaof1.

    2 schools of thought.

    1) Some like to elaborate on everything to let them know what they're up against. Maybe if they see all that stuff they'll back off.



    2) Some like to be mysterious about it. list maybe one violation and reserve the right to add later. This keeps em guessing, not knowing quite what you're up to.

    Personally I think it depends on your gut feeling as to which would work best.

    If I did do #2 I'd include a settlement offer right along with it. Give them the chance to pick the easy way out.

    :)

    .
     
  3. firstclass

    firstclass Well-Known Member

    Bucth do u think it is a good Idea to show them a copy of the law suit that u are going to file in the dispute., and state this will be file if my report is not a 100% correct?
     
  4. Butch

    Butch Well-Known Member

    So much of this depends on what you think will work best. Sure, I might do that but before I did I'd ask myself; "Is this the tactic which is most likely to work, in the fastest possible manner"?

    Others have included with this "complaint" not only a statement as to when you will file it, but also a settlement statement for them to just sign and send back.

    There are a lot of options. It also depends upon whom you get your complaint to - too.

    :)
     
  5. firstclass

    firstclass Well-Known Member

    Thank's
     
  6. vaneleus

    vaneleus Well-Known Member

    I had the same question before I filed my suit. In the end and after consultation with a lawyer, I opted for "Multiple violations of the State and Federal Fair Debt Collection Practices Acts."

    I opted for the brief statement because my lawyer advised me to do so. Another reason was the form I had to file on. There was not nearly enough room to list the violations. Only three lines, I could only fit one of the violations there, so the shorter one worked for me. Its really up to you and your strategy tho. Good luck!!
     
  7. gmaof1

    gmaof1 Well-Known Member

    Anyone up for a game of "Name the Violation"? -
    EXP refuses to include my 100 word statement -
    The most recent among numerous violations.
    I'll be filing in the AM. Any help is appreciated.
     
  8. jenz

    jenz Well-Known Member

    not that it matters, but what is your 100 statement?


    i had a customer add one that said something along of the lines of "experian continues to lie about validating this debt". they actually added it!
     
  9. gmaof1

    gmaof1 Well-Known Member

    â??Experian has reinserted disputed information and failed to provide me with notification in violation of the FCRA. Experian continues to violate the FCRA by reporting inaccurate, unverifiable information in regards to negative accounts, as well as fails to comply with procedural requests.â?


    They refuse to include this with my credit report because, in their words "That statement defames Experian. We will be happy to add, the information is incorrect or inaccurate, but nothing that says Experian is not following the law"
     
  10. Butch

    Butch Well-Known Member

    Re: Re: when you sue a CRA do you....



    Wrong answer.

    I laughed recently when I was threatened with a defamation suit.


    If the "defamatory" accusations are TRUE, there's not a damn thing they can do about it.

    And no where in the FCRA do I see where they can decide for you what statement you'll make.

    :)

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