alandaj

Thanks beli. Since I have no plans to settle with FFB, I hopefully will get to court without it being dragged out. I think that about covers it for me right now. I'll let you guys know what happens. Thanks all.

Looking over the federal procedures, I should be fine with following them. I think my concern was more about handling myself in the courtroom from a legal jargon/procedure aspect and I guess I was getting the two mixed up in the OP. While I'm far from the level of a lawyer, I should be fine with at least presenting my complaint. I've been a licensed agent for six years and I'm used to fact finding and presenting information in a clear and concise manner. How would that affect me from a SOL perspective? I wouldn't have a problem settling with Experian if that is offered, but I really want to take FFB all the way.

I'm responding in reverse. Thank you for the explanation in the last paragraph. That makes it more justifiable for the last two, but for the ones that didn't know whether or not I was seeking contingency it's still unexplainable for he lack of response since I could only briefly. I guess my problem when dealing with damages was that I was under the impression that each violation was considered as damages up to 1,000 per violation since that section of the FCRA stated actual damages or damages no more than $1,000. Which when talking to that last lawyer, I might be better off doing it myself since he seemed to be getting the FDCPA and FCRA crossed up in that area. I see you mention about me doing these as separate actions, but I felt it would be better to pursue them separately when looking at the nature of the incidents. FFB is re-aging my account and Experian and the other CRAs were only reporting what FFB gave them so I don't hold Experian liable for that. Experian just blatantly messed up my dispute in regards to FFB and Credit Protection. Which by the way since I'm doing this on my own I might pursue action against Credit Protection. I guess the only thing left for me is getting an idea of the average amount of time it would take to get from submitting the claim to court date. EDIT: Oh and those scores were pretty good considering how many errors I found.

That's part of what created my question. I plan to pursue Treble Damages under the Tennessee Consumer Protection Act. Based on my current count with FFB there are 20 FCRA violations and 1 possible FDCPA violation. I should add that I am basing some of this on some violations being applicable to each credit bureau since they are all considered separate entities that do not all report the same information, yet FFB reported to all three. With Experian I've currently counted eight. I need to redo my summary for FFB to help me properly layout my claim. I maintained a paper trail, and thanks to me being a pack rat I have old credit reports to backup my issue. But anyway here are the summaries I gave to the lawyer for both claims. To add to this they also violated 623(a)(5)(A) by failing to establish the date of first delinquency 90 days after the account closed back in February 1999. So as you can see this is a pretty blatant re-aging of my account to extend the reporting time frame. What sucks is I think I missed the SOL to pursue damages for them violating the settlement offer they made, but I still plan to use it as evidence to show how reckless they were with handling my account. So this gives an idea of what I'm working with in both situations. EDIT: To answer your question Dolemite since you got your posts in before I finished this, I'm pursuing $1,000 per violation as I plan to prove this was willful and with FFB any allowable punitive damages.

After seeing it suggested in a thread I found through a search, I decided to cross post this here. This was originally posted on the "Help! I've been served" board. So here are a couple of threads to give a background of how I got to this point. http://creditboards.com/forums/index.php?showtopic=422677 http://creditboards.com/forums/index.php?showtopic=431938 The disputes are with Experian and 1st Financial Bank. I initially planned to present the cases on my own till I learned that attorney fees could be covered in a winning case. That route was pretty disappointing. Most seemed to screen calls and submitted forms online. One refused because I did not allege any damages or explain why when I asked, which I thought part of the job of a lawyer was to help determine damages. The last one has been sitting on my documentation since the end of June. So I'm tired of letting it drag out, although it allowed me to learn quite a bit to help me going forward on my own that I wouldn't have if I went Pro Se from the get go. So I'm trying to find out which court would be the better one to file my complaints with. My biggest concern right now is speed as I don't want to choose the wrong one that could have me waiting for a long time, although I should still have about one year left for the FCRA SOL. I have virtually no knowledge of actual court procedures, but I am a very fast learner. I doubt I gave enough information to get an immediate response, but was unsure of what else I could say so if you need more information, let me know. Thanks. To add to this post that wasn't in the original on the other board, I'm hoping some of you have had personal experiences that would guide me in a proper manner. Although I will say that I am currently leaning towards Federal Court especially for 1st Financial Bank.

Wow. I didn't know that Jim. Thanks for the link. Guess I can delete them from my bookmarks. While I haven't used them, I would assume they are pretty legit as they do a Community Express Loan workshop every few months at one of the local SBA offices that's sponsored by SCORE. If you're not familiar with SCORE go here. http://www.score.org/index.html This loan is one of the main reasons why I've been working on the errors on my credit report. And as Jim said it's Experian and I want to say the minimum score is 680.

Thank you sir. I'm definitely good for collecting physical proof. With the company I'm seriously thinking about suing, I've collected more than enough proof to show not only multiple FCRA violations, but they even violated the agreement they offered to me. Thanks again.

Ok. Should these be done CMRRR?

My interest has piqued. Tell me more of this hegemony.

So I had previously sent in a dispute on a couple of items in regards to the date of delinquency (one of which I know is way off and I'm about to sue after a couple exchanges, but that's probably for another thread), and they came back verified. So after sending letters to the companies directly, I send a new dispute stating these companies violated 623(a)(3) in that they did not report that I was disputing the information. I included copies of the letters sent to the companies and the responses from one of them to show that there was indeed a dispute and that they did not report it. I get a letter from EX today stating that they already investigate this information and credit grantor verified. Then they tell me to refer to contact info of the credit grantor and say they will not investigate again based on 611(a)(3)(A). What makes me even more angry is that they give a long response after that with "suggestions" of all the things I should do that I just did in this recent dispute. So do I send them another letter telling them they they clearly did not review my dispute based on their response and that I'll take further action against them? Or do you have other suggestions? I think my favorite was the (in short) they'll re-investigate if I send additional/relelvant information. What the heck do you think I just did Experian?

Thanks for the link, but I won't need it. I got the letter yesterday and ... WOOHOO!!!! They were unable to verify within the 30 days and it's GONE!!!!!!!! Thanks for your help mca. I wouldn't have even bothered challenging it if you hadn't told me to go for it. Also here is the body of the letter that I sent. I'm so happy that I can finally get a local checking account again!

How do I do that?

Well I finally did the dispute and it seems to be running into overtime. I got my green card back Dec. 7th, they sent me a letter dated on the 8th stating they received it and would review. Now as of Jan. 11th I have heard nothing. I plan to give them the rest of this week, but if I hear nothing should I send a letter requesting deletion like I would with the other CRAs?

Glad I came back to check on this. Thanks for the info pryan. Thanks for this as it looks like I ended up going to your second step instead of skipping to the third like my original intent. Now I'll know what to do for the third step. I ended up sending my letters off before I came back to this thread, but here is one of them so you can see how bad this company was. Now in hindsight for the Equifax paragraph I probably would have said "RIGHT AFTER" instead of just "AFTER" for more emphasis. I would have also been clearer by adding, if I made the payment and was not late previously then it's not possible for me to be 30 days late immediately following a payment. And if I was behind before making that payment the previous month, then there was no indication of being 30 or more days behind. A small addition I would have made to the Experian paragraph would have mentioned that there are no indications of delinquencies between 01/2004 being reported on the Experian report and the 05/2004 on the Equifax report. I just hope leaving those out don't come back to bite me.

Thanks for the responses. I actually have already used jack's method and am at the point now dealing with a couple of accounts with obvious errors that were "updated". After further review of the what the two companies are reporting I decided to send each a 623 letter instead of doing the MoV with the CRA. One company's reporting is so bad that I have two different DOFD that are over a year a part when comparing my EX and EQ reports. And that's just a taste of what they are doing.