CREDIT REPAIR POLL: LAWSUITS & INTENT-TO-SUE

[PsychDoc]

If you have been actively engaged in your own credit repair for at least two months, please answer the following poll question and then attach any testimonials you are willing to release into the public domain regarding this tactic.

 

(NOTE: This question covers both small claims as well as other lawsuits that YOU brought against others to serve your credit repair efforts. Additionally, this covers INTENT-TO-SUE LETTERS as well, even though the lawsuit wasn't actually filed.)

 

Thanks!

 

Doc

[PsychDoc]

I've separated out lawsuits-only to get a better handle on how many have actually filed.

 

Doc

[LKH]

As some may know, I filed suit 1 1/2 years ago against my local experian affiliate - Credit Data Southwest. They had refused to delete collections belonging to someone else with the same name. They also reinserted one and when I asked for the "certification" that the info was correct, they claimed they had it but couldn't find it to provide it to me. That was the one that sent me to court to file.

 

They played around for awhile, bumping it to civil ct, then to federal court, despite my objection filed with the small claims court. The salamander judge had no clue what he was doing in regards to this type of case. I also might point out that in AZ, small claims judges are elected and they don't need to be lawyers to be a small claims judge. That's why he had no idea what to do.

 

In the end, when they say I wasn't going to back down, they agreed to delete everything from my report in exchange for dismissal of the case.

 

In the end, their lawyer even admitted to me that the collection accts that belonged to someone else, were not mine and they knew it. They called the ca for verification and when it came back belonging to someone else, the ca demanded that it remain on my file anyway. I should have sued the ca also.

 

Lizardking was the one that set the stage for me to go ahead with the suit. I think I was the 2nd one on CN to sue a cra after LK.

[WALLST]

Over the last 1 1/2 years I have sent or faxed 10 ITS letters and have not had to go any further with any of the CA's they were sent to. I have gotten deletions out of every one of them.

[DH]

Over the last 1 1/2 years I have sent or faxed 10 ITS letters and have not had to go any further with any of the CA's they were sent to.  I have gotten deletions out of every one of them.

 

Were any paid CAs? I have one that is refusing to budge. I have hit him with nutcase, son of nutcase, and ITS. Nothing. He even marked the CR disputed! Arghh! Any ideas?

[DH]

As some may know, I filed suit 1 1/2 years ago against my local experian affiliate - Credit Data Southwest. They had refused to delete collections belonging to someone else with the same name. They also reinserted one and when I asked for the "certification" that the info was correct, they claimed they had it but couldn't find it to provide it to me. That was the one that sent me to court to file.

 

They played around for awhile, bumping it to civil ct, then to federal court, despite my objection filed with the small claims court. The salamander judge had no clue what he was doing in regards to this type of case. I also might point out that in AZ, small claims judges are elected and they don't need to be lawyers to be a small claims judge. That's why he had no idea what to do.

 

In the end, when they say I wasn't going to back down, they agreed to delete everything from my report in exchange for dismissal of the case.

 

In  the end, their lawyer even admitted to me that the collection accts that belonged to someone else, were not mine and they knew it. They called the ca for verification and when it came back belonging to someone else, the ca demanded that it remain on my file anyway. I should have sued the ca also.

 

Lizardking was the one that set the stage for me to go ahead with the suit. I think I was the 2nd one on CN to sue a cra after LK.

 

LKH, Psychdoc, Lizzard King and others certainly have set a high standard for those that follow. It seems like we are seeing more CRAs willing to litigate (especially EQ and EXP). Any idea if this is true? Do you think they see a current case as a deterent to future cases? If so it seems important that we create solid foundations before filing. Any other important points for those of us who need to file suit to keep in mind? Thanks for your posts!

[Rawhide]

I have come close to filing, but as it turned out, my two intent to sue letters worked. One was TU over a split file (they fixed it, and deleted two hards in two weeks), and NCO got my ITS letter and folded.

[WALLST]

All of mine were unpaid.

[four20nik]

I sent eq an ITS and tu an ITS...both complaints were resolved with deletions.

 

eq: not investigating an item...not labeling it frivolous either...just plain out not doing it.

 

tu: reporting an account as inc in bk...when I did not file accordingly.

They had previously verified it 3x.

[knoxpk]

I have had 2 CA's fold with ITS and no luck with ITS from the CRA's. I have filed a lawsuit v the CRA's still pending. I had sucess v 1 OC on my reprot by filing lawsuit as an ITS did not work for them.

[AntiPlastic]

No lawsuits yet for me, hopefully I can avoid them, unless absolutely needed

[drew3918]

Bumpage

[KCCutie]

ttt

[GettinHip2it]

Hi all, Getty here:

 

I've done them all. ITSs, Summonses, Incorporating 3rd parties, Appearing at court interrogatories in hand... I think it's a waste of everyone's time in the big picture, but unfortunately, big companies don't don't take consumer requests seriously, the just toss them in the "round file" or so it seems.

 

To be fair, they DO handle a bazillion pieces of data at any given second, but since we're in such a credit driven world, it's imperative that we make sure things are accurate and it's their job to make sure things are indeed accurate. They want to sleep on the job, and think I can't do anything about it? WRONG-O! Explain it to the judge or you can simply just give me what I'm requesting and I'll leave you the hell alone.

 

Fight the good fight- Getty

[ashlia]

I have three ITS's out right now. I will file on one of them May 16th. You can see the full stories here:

 

http://creditboards....howtopic=465459

 

and here:

 

http://creditboards....pic=465243&st=0

 

I have to say, I think it is working. Especially with Diversified. They have deleted all the paid accounts, and the OC has offered a great settlement. Unfortunately(for the CA,) they violated Texas Finance Code too many times, and ticked me off enough that I am moving forward.

 

CA # 2 referenced above, seems to be clueless, but their CEO got my response Thursday, so I expect to get something soon...

 

CA # 3 is ERC, LLC. Those guys are just a joke. They never made it to my report, and tucked tail and ran when I sent my ITS. Still after them though. I will update this thread as my work progresses.

 

Just noticed this thread is several years old. Oh well, I'm not the one who bumped...

Edited May 3, 2011 by ashlia

[Texastarz]

YAY!

 

I'm sending my ITS to the RA of Asset and Midland. I will be filing suit, unless they settle. In my ITS, how many days should I give them to settle before I file? Another 10 days? TFC and BCC timeframes have ended.

Edited May 3, 2011 by Texastarz

[ashlia]

Texastars, did you send the ITS with the 60 day notice to the RA? That is what I have done in each case...and once the 60 days is up, it is up. File. (IMO)

 

 

Essentially, they got my ITS with the 60 day notice, and once 60 days is up...I file suit.

 

YAY!

 

I'm sending my ITS to the RA of Asset and Midland. I will be filing suit, unless they settle. In my ITS, how many days should I give them to settle before I file? Another 10 days? TFC and BCC timeframes have ended.

 

 

 

Edited May 3, 2011 by ashlia

[jack1212]

ITS Letters are not toys. Be ready to Back it Up.

[Texastarz]

60 days is too long, IMO. I put the CA's on the 60 day notice. And I am not toying with this idea.

 

All of the attorneys that I have spoken with want to go after the CRA's, not the CA's. And while the CRA's have played their part in not adhering to the FDCPA, its the CA's, IMO, that have caused more harm in violating the FDCPA and the TFC.

Edited May 3, 2011 by Texastarz