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alan2k032003

record removed before court date.Could I claim damage still?

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Hi,

In my case, I had fraud record reported by CRA and CA, so I filed small claim court and claim $5000 damage month ago.

However, I just got phone call from CRA said they has been removed this fraud record, but I haven't receive any written notice yet.

The court date is next week. Could I still shown in court and claim the damage even they removed the record by then?

Thanks :-)

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Did you have adverse action on a loan? or had been turned down for credit, then the answer would be yes (if you can show the damages; you can sue them). Having the item removed; just backs up your case all the more that they know they were wrong in the matter.

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But wait! I didn't think you had to prove actual damages in order to sue for statutory damages. I thought you only had to prove the violation. Am I wrong?

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Yes, you can still go on violations; just would be nicer if you can also show damage in the case. People get big settlements that way.

Sorry for the mis direction, you can always go for violations.

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Hi,

Could I claim FCRA civil penality $2500 each defendant, so total is $5000 from CRA and CA that is max claim in small court?

I do have a piece of paper to calc how much damage on mortgage(bank couldn't approved the loan. Do I lost the total loan amount or the over pay mortgage rate?), attorney, document prepare, mental and misc..., but I couldn't get formal document from loan agent or receipt yet?

Does court need to see formal document or receipt in order to approve my damage.

Thanks, :wink:

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I am by no means versed in legal matters or research for this direction, Swede or Cookie are more up on this part and can help you understand what penalties are worth what.

Also would not hurt to contact a lawyer for advise on this matter, especially one versed in credit issues. Here are some listings I found - but there are sure to be more out there then this.

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=81

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Actual damages are usually covered under the FDCPA - so if this is against the CRA's probably not relevant unless you can show "reckless disregard" (a situation in which you repeatedly showed them evidence and they refused to remove it, resulting in "harm" (you were denied a home loan, employement, etc.). Then your suit might not necessarlily be under the FCRA.

This is just my opinion, you may want to put a legal mind on this.

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