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Sky Warner

Need your help folks!!

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OK guys. I have checked my equifax and experian reports and the listing is still there from the CA who pulled my credit without permission.

OK here are my questions..

1)the company does business under 2 diff names ((its Cavalry on one report and Zirgo Acceptance on the other 2) Do I sue them seperately?

2) if I DO sue them separately, should I send each one a letter stating that I will settle for 700 of the 1000 they owe me before I file, or should I just sue the SOBs?

3) Is it 1000 for EACH CRA or just 1000 for the action of pulling my credit on all 3 bureas?

4) How would I word a letter to these boobs.. I plan on filing in Small Claims court. I was told by the clerk in my county that as long as they accept the CMRR when they send them out the letter that they are being sued.. it doesnt matter that they are in AZ. I can still do small claims here in my hometown.

I guess we will see how this goes. I intend to file the suit pretty soon.

[Edit by Sakiawarner on Saturday, October 19, 2002 @ 02:32 PM]

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FCRA - $1000 per violation + punitive damages (pain and suffering)

FDCPA - $1000 per action + actual damages + attorneys fees.

<blockquote>1)the company does business under 2 diff names ((its Cavalry on one report and Zirgo Acceptance on the other 2) Do I sue them seperately?</blockquote>

No, sue as one company

<blockquote>2) if I DO sue them separately, should I send each one a letter stating that I will settle for 700 of the 1000 they owe me before I file, or should I just sue the SOBs?</blockquote>

see above

<blockquote>3) Is it 1000 for EACH CRA or just 1000 for the action of pulling my credit on all 3 bureas?</blockquote>

It's one violation per CRA under the FCRA.

<blockquote>4) How would I word a letter to these boobs.. I intend to file the suit pretty soon. </blockquote>

I'd say that they need to pull the inquiry or pay you $1000. You need to give them this opportunity or the judge most likely won't be too sympathetic.

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I already sent them one letter telling them to remove it or I would file suit.

I just thought i would give them ONE more chance to make it look good to the judge, what do ya think?

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yep, think that's a good move.

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OK..final question here before I write this letter

What part of the FDCPA did they violate. I want to include each statute in my letter so they KNOW I am serious..

Thanks

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<blockquote>Originally posted by admin

FCRA - $1000 per violation + punitive damages (pain and suffering)

FDCPA - $1000 per action + actual damages + attorneys fees.

This was what I was referring to...that you mentioned earlier in this post.

What part of the FDCPA did they violate, would that be contact with a 3rd party?

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I can't remember the details of what happened, sorry. Can you tell me again?

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Collection agency pulled all three of my reports for an account in the husbands name only.

Indiana is not a joint debt state so they had no right to pull my credit.

I dont even know how they got my SSN...

told them to remove inquiries or I would sue.

its been 28 days..getting ready to mail the letters

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