Jump to content

Sign in to follow this  
JessicaRabbit88

Anyone want to prove Experian WRONG?

Recommended Posts

From Experian's attorney:

 

Dear Jessica:

 

      I respectfully disagree with your position.  I am unaware of any

cases that Experian has lost, or any case law in general, concerning a

"refusal to investigate inquiries."  If you have relevant case law in

support of your position, please send it to me and I will review it and

reconsider your settlement demand.  Until that time, however, Experian is

unable to accept your settlement demand.

 

Very truly yours,

 

Soooo who wants to help???

 

Much appreciated,

Jessica

Share this post


Link to post
Share on other sites

From Experian's attorney:

 

Dear Jessica:

 

      I respectfully disagree with your position.  I am unaware of any

cases that Experian has lost, or any case law in general, concerning a

"refusal to investigate inquiries."  If you have relevant case law in

support of your position, please send it to me and I will review it and

reconsider your settlement demand.  Until that time, however, Experian is

unable to accept your settlement demand.

 

Very truly yours,

 

Soooo who wants to help???

 

Much appreciated,

Jessica

 

 

 

 

 

 

<subscribing>

Share this post


Link to post
Share on other sites

subscribing to this. I would love to see EX (Satan Weeps)get what they deserve. They have screwed me and continue to screw me. :)

Share this post


Link to post
Share on other sites

Dang, I can't even find one. Maybe someone will suprise me with a case.

 

Who won the case with Frost v Experian. I can't find that caselaw anywhere.

Share this post


Link to post
Share on other sites
I have a PDF for you of the Frost case... I need an anonymous place to post it.

 

 

Can you link it??? Did Frost win?? Every other case that I can get my hands on, Experian won the suit. I had high hopes for this one.

Share this post


Link to post
Share on other sites
From Experian's attorney:

 

Dear Jessica:

 

      I respectfully disagree with your position.  I am unaware of any

cases that Experian has lost, or any case law in general, concerning a

"refusal to investigate inquiries."  If you have relevant case law in

support of your position, please send it to me and I will review it and

reconsider your settlement demand.  Until that time, however, Experian is

unable to accept your settlement demand.

 

Very truly yours,

 

Soooo who wants to help???

 

Much appreciated,

Jessica

 

 

Christine Baker beat them - twice I think. And there's also info on her CreditCourt forum about another user (Whysper) who settled with them too. I'd check those out to see if there's any help for you.

 

Good luck.

Share this post


Link to post
Share on other sites
From Experian's attorney:

 

Dear Jessica:

 

      I respectfully disagree with your position.  I am unaware of any

cases that Experian has lost, or any case law in general, concerning a

"refusal to investigate inquiries."  If you have relevant case law in

support of your position, please send it to me and I will review it and

reconsider your settlement demand.  Until that time, however, Experian is

unable to accept your settlement demand.

 

Very truly yours,

 

Soooo who wants to help???

 

Much appreciated,

Jessica

 

 

Christine Baker beat them - twice I think. And there's also info on her CreditCourt forum about another user (Whysper) who settled with them too. I'd check those out to see if there's any help for you.

 

Good luck.

 

Christine's weren't for the refusal to investigate inquiries, nor was Whyspers.

 

Pic has his successful story posted here, won on the inquiries, was small claims though so that won't help much, except maybe the general reference since the attorney said they knew of none.

 

Marc posted his similar filing, won big bucks and his was Federal, IIRC.

 

Sassy

Share this post


Link to post
Share on other sites

Jessica,

 

I actually took a look for you. What I saw was not good. What I read actually said the opposite. I didn't have time to complete my research though. If I find anything, I will post it.

Share this post


Link to post
Share on other sites

Just so you know what dealing with Experian is like:

 

 

Dear Jessica:

 

      The link that you sent me is no longer active, but I was able to find

the docket summary for the case number you provided on the City of XXX website.  Presumably, you are citing to XXXX v.

Experian Information Solutions, Inc. (Case No. XXXX) in support of your

position that Experian is liable for  its "refusal to investigate

inquiries."  The information I was able to access on the court's website,

however, does not include any written opinion or order discussing the

merits of the case.  Indeed, the website simply lists a judgment against

Experian, which, standing by itself, cannot support your position.  If you

have the Court's written opinion on this case, please send it to me for my

review.

 

      While you may feel that the XXXX case is determinative here, I

feel obliged to advise you that it is not.  A small claims decision in the

XXXX Municipal Court will not be given much weight, if any, by the United

States District Court of XXX.  Where a federal statute, like the FCRA, is

at issue, the only binding precedent on a federal district court are

decisions by the United States Supreme Court and the Tenth Circuit Court of

Appeals.  Other federal court decisions are often consider persuasive, but

State court decisions construing federal law are given little respect.  A

small claims court decision, where there are no attorneys or written

briefs, is not persuasive and is an unreliable guide for how the FCRA will

be interpreted by a federal court.

 

      In regards to your latest settlement offer, the plaintiff in the

XXXX matter received a total of $XXXX.  Experian is currently

offering almost twice that amount.  Considering the merits of your case and

your own case law, Experian's settlement offer is fair.

 

      While weighing Experian's settlement offer, I recommend that you

consider the future demands on your time and finances if you choose to go

forward with your lawsuit.  If you do not settle, your deposition will be

taken and will last at least one full day.  Additionally, Experian intends

to take three to four other depositions to test the merits of your claims

and damages.  For example, Experian will depose XXXXX, your present

supervisor, so that Experian may explore your claim for lost profits and

whether your last four years of employment as an XXXX.  Furthermore,

if you want to depose Experian's designated witnesses, you will have to pay

for a court reporter and fly to Dallas, Texas and Irvine, California

because Experian's witnesses cannot be compelled to come to Utah.  Fed. R.

45©(3)(A)(ii).  Experian also plans to move for summary judgment, which

is a complex and costly motion to oppose, and will require you to draft an

opposition brief and argue before the federal district judge.  If Experian

prevails on its motion for summary judgment, your lawsuit will not only be

dismissed with prejudice, but you will also be responsible for Experian's

costs incurred in bringing its motion.  I understand that it is difficult

to objectively value your own lawsuit, but I encourage you to accept

Experian's offer.

 

Very truly yours,

 

XXXX

Share this post


Link to post
Share on other sites

Of course they want you to settle (just like everyone else) so that there will be no case law precident against them. Imagine if you won, how much they would lose in the long run when others sue them for the same violations.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  




About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines