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It's been done... Here we go..


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OK.. its been done.

WISH ME LUCK!!!

I have filed my answer to the lawsuit and also filed my counter claims for violations of several Indiana Codes that have to do with repossession.

My damages were $5742 and I made sure to include "and any other awards that may be due".

I am filing a separate lawsuit against the CA and Attorney for FDCPA violations.

I also am wondering about FCRA.. These people pulled my credit 5 days before they purchased the account for collection.

DO they have Permissable Purpose?? I know FCRA Section 604(a)(E) says you can if you are looking into a credit obligation but.. this is a defeciency.

IS it the same thing??

CALawyer or TX lawyer.. what do you guys think??

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  • 2 weeks later...

Well after checking into things I might be able to go for the FCRA violations but I think I am going to stick to the FDCPA for now.

I just got the attorneys response to my counterclaims and they are trying to have the case dismissed.

I am going to respond and not let this go. I have HAD IT with people walking over the little guy.

and so it continues...........

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I also am wondering about FCRA.. These people pulled my credit 5 days before they purchased the account for collection.

DO they have Permissable Purpose??

Depends on the facts. Defendant would argue that 1681b(a)(3)(A) permits the use of a credit report to be used for reviewing or collecting on an existing credit account. It doesn't necessaily have to be the OC who does the pull. There are some cases, for example that permit an attorney to pull a credit report to assist in deciding whether to sue on a debt.

I am not saying you couldn't prevail on this claim, but it is not the sharpest arrow in your quiver.

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I am not going to try the FCRA violations. I just got a letter the other day that I am getting Legal Aid and will get an attorney free of charge now. I am going to try and settle out with the lawyer then sue the Car dealer directly for their violations. So in essence I win on both accounts.

Sounds fun huh???

Right now we are in a waiting game....

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No I havent heard anything from Kimber in a long while. Of course I am working two jobs and dont get online as much as I used to.

Hope she appears soon!!

And thanks for the well wishes. I am going to stick it to someone over all of this.. not sure who.. heck maybe I should stick it to everyone involved?!?! LOLOL :lol:

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