Non-PP Puller Wants To Settle

Today's mail held a settlement offer from an attorney representing the company I had just filed a claim against for a non-PP pull. The company had previously failed to provide a PP after two written requests from me. I then sent an ITS that prompted a phone call from their credit manager, who was very arrogant and insulting.

Of course they still deny any wrongdoing, but are willing to settle to avoid additional legal expenses. Here is a quote from their letter...

"XYZ Co denies any liability to you. However, XYC Co understands that it will incur attorney's fees to defend itself. Prior to incurring substantial fees as the result of the preparation and filing a motion for change of venue or the appearance of an attorney at the scheduled pretrial conference, XYZ Co has authorized me to offer you payment in the amount of $500.00 to fully and finally settle your claim."

"As any motion for change of venue must be filed on or before April 20, time is of the essence in the parties agreeing to a mutual settlement. Consequently, this offer will remain open through April 16, 2004."

and then...

"The amount of attorney's fees incurred by XYZ Co will certainly influence its willingness to voluntarily settle this matter."

I am glad that they have expressed a willingness to settle. Of course, I don't intend to settle for $500 as I feel my claim is solid and would withstand the test of court.

Any ideas?

I have a couple of strategies in mind to get them to a reasonable settlement offer, but I would love to hear the opinion of others.

 

Here are the details of my claim---

The non-PP puller is a former OC, whom I had an account with in the late 80's and early 90's. The account was paid and closed in good standing in '94. I also worked for this company from '84 to '89.

In April of 2002, this OC pulled my credit report. I sent them a letter asking them to explain their PP, and demanding deletion of the inquiry. They ignored my first letter.

I sent a second letter, once again asking for the PP in obtaining my credit report and quoted ss616 of the FCRA. They responded with a letter telling me nothing, other than saying they might have pulled my report intending to pull the report of another MrKee. (Personally, I think they were reviewing old accounts in order to make new credit offers).

I wasn't satisfied with their response as providing a valid PP, so I sent them an ITS which prompted the call from their credit manager. He was very arrogant and rude, and told me that his PP was that I walked into one of his retail stores and requested the trade line be deleted. He said the company pulled my report to see how they were reporting the TL, in order to delete it.

Now that pissed me off!

First, is his claim that I requested anything! Heck, the account was a positive TL and I would have NEVER requested it be deleted. Second, he claims I went into a particular store, which of course is the closest store to where I live. What he doesn't know is that in 2002 I lived somewhere else. There were about 15 other stores that would have been closer than the one he said I walked in to.

Third, was his claim that he had to pull to see how it was being reported. I told him Equifax wasn't the keeper of his records, and that as a subscriber he could have gotten the same information using UDF or bullet sheets. He was stumped on this point!

Then he proceeded to ask questions like how many 'other people' was I suing (he's my first, and only at this point).

He also asked if I ever had an account with that company, and if I ever worked with that company. I told him 'yes, the account was closed in good standing in '94 and was reported as such'. He then claimed that my employment in the 80's was his PP for pulling my report in 2002.

I dared him to use that one in court.

Two weeks later I served them with a summons.

 

LK, here are two strategies I am considering to get to a reasonable settlement. BTW, since I am suing for $1,000, that is what I consider 'reasonable' (of course, adding the filing fee).

First, is simply to counter-offer. They have expressed a willingness to settle for $500, but the wording leads me to believe they are expecting to settle at a higher amount. Consider the phrasing of 'time is of the essence in the parties agreeing to a mutual settlement' and 'the amount of attorney's fees incurred by XYZ Co will certainly influence its willingness to voluntarily settle this matter'. I would send them a reply, stating that settlement is acceptable to me in the amount of $1,000.

Second strategy is to send out my 1st set of interrogatories, wait a day or so and then follow with my settlement proposal. This will give them a much clearer picture that I will follow through, and that their legal costs might be much more than a first court appearance.

So what do you think, any ideas?

 

Re: Re: Re: Non-PP Puller Wants To Settle

Thanks crowmom,

I have decided to send them a set of Interrogatories. Settling for any less than the amount I filed for ($1,000) is no incentive to me, as I strongly feel that I will prevail in court. I am not going to make a counter offer to settle, but instead just wait for them to come to their senses.

I think if I'm patient, their next settlement offer will be where I want to be.

Thanks for the advice! I'll be sure to post any developments and of course, the outcome of this case.

keebo

 

Re: Re: Re: Non-PP Puller Wants To Settle

Just wanted to update all on my non-PP case. After getting their first set of Interrogatories, the defendant has decided it is in their best interest to settle. I got a call from the General Counsel representing them, and was told that the check is in the mail.

HOOYAH!!

Only a week away from the first appearance, and now once I get the check and a couple of other provisions are met, then I will dismiss the action filed against them.

This was my first action against a creditor. It feels good to be victorious, and I was even complimented by the lawyer representing the defendant for 'knowing my stuff'.

Thanks!

keebo

 

Re: Re: Re: Non-PP Puller Wants To Settle

Yes, they did agree to remove the inquiry, but ironically it is set to fall off tomorrow anyways (it will be two years old tomorrow). They do have to provide a copy of their communication to EQ requesting deletion of the inquiry.

keebo