Xanathos Posted August 15, 2003 Report Share Posted August 15, 2003 Well, I settled out with EQ on a suit I had filed regarding re-adding a deleted account without giving me 5 days notice(500 bones and deletion of the tradeline).They deleted it...but it's back on there again today. If only I had demanded that 10k liquidated damages thing... urgh...now I'm gonna have to start from scratch again...Though on the upside, I already have their first 500 bucks, so filing again should just net me some more cash, I suppose Link to comment Share on other sites More sharing options...
Pale Rider Posted August 16, 2003 Report Share Posted August 16, 2003 This may give you some leverage to demand the clause this time, since they can't be trusted to "maintain reasonable procedures designed to prevent the reappearance in a consumer's file" per FCRA. Hit them with another suit and get the clause inserted this time. Link to comment Share on other sites More sharing options...
paw67 Posted August 16, 2003 Report Share Posted August 16, 2003 Good luck Xanathos. Make them pay BIG this time. It is unbelievable that after settlement they would just turn around and re-insert it. Well, if you are not currently in their "special handling" department, you will be after filing the 2nd time. It is outrageous that they didn't make sure that the tl wasn't re-inserted. Be sure to add the liquidated damages clause this time and make them pay. Good luck!paw67 Link to comment Share on other sites More sharing options...
knewkid Posted August 17, 2003 Report Share Posted August 17, 2003 Hey Xan,Thanks for the reply in the other thread! But now my curiosity is piqued by this liquidated damages thing. I've tried a search through the forums here and am not getting anything except this thread an a couple more about estates.Is this a provision in the TN Consumer Protection Act? Or is it more of a universal procedure for all courts?....KK Link to comment Share on other sites More sharing options...
Pale Rider Posted August 18, 2003 Report Share Posted August 18, 2003 The old thread that explained the liquidated damages must have been deleted or lost. Here is a link to a definition of liquidated damageshttp://www.lectlaw.com/def/l045.htm Link to comment Share on other sites More sharing options...
knewkid Posted August 18, 2003 Report Share Posted August 18, 2003 Thanks for the link...never hurts to have more ammo than you need.Sent out procedure letters today. After they screw that up, it will be time to go to battle.Getting anxious.......KK Link to comment Share on other sites More sharing options...
calawyer Posted August 22, 2003 Report Share Posted August 22, 2003 Hey Xan:Sorry about the reinsetion. I assume you didn't get notice this time either.Is this entry impairing your ability to get credit? If so, you can really push this one. In all likelihood, it will settle as it did before but I really think you can demand several thousand in damages and insist on a liquidated damages provision. If you take it to the mat, I think you will get it this time. Link to comment Share on other sites More sharing options...
Xanathos Posted August 22, 2003 Author Report Share Posted August 22, 2003 Hey Xan:Sorry about the reinsetion. I assume you didn't get notice this time either.Is this entry impairing your ability to get credit? If so, you can really push this one. In all likelihood, it will settle as it did before but I really think you can demand several thousand in damages and insist on a liquidated damages provision. If you take it to the mat, I think you will get it this time.Nope, no notice.I dunno as if it's hampering my ability to get credit...I do have a couple other negatives left to deal with, and this thing was less than $50...though I *was* turned down for a credit card last week...but it'd be hard to say that tradeline was the cause(it's amazing--since I started coming here, I've acquired a house and a new Audi, yet I still can't get an unsecured credit card for $500.I think I'm gonna playhardball with them this time, honestly. There's not a judge on this planet that would rule against me at this point, since it's the exact same situation with the exact same tradeline with the exact same company that admitted they screwed up last time. Link to comment Share on other sites More sharing options...
calawyer Posted August 25, 2003 Report Share Posted August 25, 2003 Go get 'em. Link to comment Share on other sites More sharing options...
Xanathos Posted August 26, 2003 Author Report Share Posted August 26, 2003 Go get 'em.Heh your timing is always so impeccable. I couldn't find my cell phone all day(new puppy ran off with it). Finally tracked it down about an hour ago, and there was a voice mail from another attorney representing EQ wishing to discuss the matter with me...I think they sent a rookie my way*cheers*. This guy was on the voice mail apologizing for EQ's system not working as it was supposed to the first time, which resulted in that tradeline being added again, promising that it will never happen again blah blah blah and that he's been authorized to issue me a check for $500...same as last time.Thing is, this isn't last time *wink*. I think I'll start off at 2 grand when I call him back tomorrow, and inform him that I'm adding $250 to my demand every time I have to have a phone conversation with one of those yutzes. Why? Because I can . I figure those attorneys are making that much to talk to me, I should be making at least as much as they are . Also going to be demanding that liquidated damages thing this time around. Making it a dealbreaker.It's nice having a large international billion dollar conglomerate by the short and curlies...granted, the total I have them on the hook for, they won't even notice, but it's the principle of the matter. Link to comment Share on other sites More sharing options...
paw67 Posted August 26, 2003 Report Share Posted August 26, 2003 Good luck Xan. Keep us posted!!paw67 Link to comment Share on other sites More sharing options...
michigangirl530 Posted August 27, 2003 Report Share Posted August 27, 2003 good luck xan go get um Link to comment Share on other sites More sharing options...
calawyer Posted August 27, 2003 Report Share Posted August 27, 2003 Here is my advice. Tell them that you demand 2 grand, not a penny less. Tell them that you were talking to a consumer attorney who was drooling to get the case. If they don't want you to go that route, then the amount is not negotiable. Neither is the liquidated damages provision in the amount of $10,000. If they are really going to clean up your report, there will be no occasion to employ the provision. If they reinsert again after all of this, you deserve every penny of the $10K.If you get it, you owe me a barley pop. Link to comment Share on other sites More sharing options...
md Posted September 8, 2003 Report Share Posted September 8, 2003 Is $10k a normal amount for liquidated damages in this type of case? Would they really agree to something like that?For instance, with my lawsuits, if I insist on such a clause what is a realistic amount to have stated for liquidated damages? Thanks all! Link to comment Share on other sites More sharing options...
calawyer Posted September 9, 2003 Report Share Posted September 9, 2003 I would start with $10K because they might be so flipped about the amount that they end up trying to negotiate it down rather than doing away with the clause altogether.Also, they have a hard time arguing AGAINST such a clause. After all, as part of the settlement, they are agreeing to fix the mistake (or they sure should be). If they keep their promise, the liquidated damages provision will never take effect. So what's to complain about?As for a reasonable amount that you might hope to get, I would say that you should shoot for the maximum allowed in your small claims court. That would be assuming this was your first lawsuit. If you have had to file again over a reinsertion, I would ask for more. Link to comment Share on other sites More sharing options...
md Posted September 30, 2003 Report Share Posted September 30, 2003 Xanathos,Any update on this? Link to comment Share on other sites More sharing options...
admin Posted October 2, 2003 Report Share Posted October 2, 2003 I think Xan's on vacation at the moment (how DARE he). Link to comment Share on other sites More sharing options...
md Posted October 2, 2003 Report Share Posted October 2, 2003 I think I will let it go this time then. Link to comment Share on other sites More sharing options...
admin Posted October 2, 2003 Report Share Posted October 2, 2003 So good of you! Link to comment Share on other sites More sharing options...
Xanathos Posted October 4, 2003 Author Report Share Posted October 4, 2003 Sorry, was off getting a tan on the beach, and defiling 50 foot Jesus's .Anyhow, I got it all squared away this time to where I probably won't be seeing the tradeline again. On this second go round, I settled for an amount which I cannot mention(as it's against the terms of the settlement to mention the value) and got that liquidated damages thrown in(of which a value I can't state...etc. etc.).Now, just gotta try and get Equifax again...I like how fast they work to get me my money Link to comment Share on other sites More sharing options...
calawyer Posted October 4, 2003 Report Share Posted October 4, 2003 Welcome back Xan!Since you have it close at hand, I wonder if you could post the LD provision that the defendant ultimately accepted (of course, without the numbers). I think it would really help people to have a provision they could send to the defendant. If you feel it would violate the terms of your agreement to do so, let me know and I will dig one up myself. Link to comment Share on other sites More sharing options...
Xanathos Posted October 4, 2003 Author Report Share Posted October 4, 2003 Thanks . Though when one is faced with the choice of turning around, and going back onto the beach, or getting onto a plane, and going back to a boring city, it's a rather torturous decision .Anyhow, here's the(slightly censored) paragraph that has the damages provision in it:The Released Party agrees to ensure the disputed account("Exhibit B") does not reappear on (ME)'s credit report in the present, or any time in the future. Should the Released Party breach these terms of the contract at any point in the present or the future, the Released Party agrees to award damages in the amount of (total here--think new Kia or thereabouts) to (ME), and further agrees to make no effort to dispute the enforcability of the Provision. The Released Party and (ME) agree that this Provision is limited to the account outlined in Exhibit B, and is not transferrable towards any remedies or actions (ME) has ever seeked, is seeking, or ever will seek against the Released Party not directly related to Exhibit B. (Exhibit B is the tradeline, obviously) Link to comment Share on other sites More sharing options...
Xanathos Posted October 11, 2003 Author Report Share Posted October 11, 2003 WOOOOOOOHOOOOOOOOOO!Was reading that thread up in credit repair on the discount codes for reports/scores/etc. and saw the one for the free EQ report and score, and figured I'd like to see my FICO score, since I've never ordered it..Well, went through the process just now, and got my report and score. The bad news: EQ is by FAR my worst CR, and my score is about as low as it goes...the worse news: They deleted the one good tradeline I had on it.The great news: This tradeline the topic is about, which they have paid me over reinsertion without notification twice, and gave me the liquidated damages provision promising no reinsertion...this $46 piece of crap tradeline....IS BACK ON MY REPORT! Waaaaaaaaaaaay down there at the bottom, there it is.This has to be the first time in history a person on this board was glad to see a reinserted tradeline . It's official: EQ is hands down, the DUMBEST corporation on the planet.Money money money moonnney...MOOOOOOONEY! Link to comment Share on other sites More sharing options...
md Posted October 11, 2003 Report Share Posted October 11, 2003 That is so awesome!!! Congratulations on the negative super positive reinsertion. Link to comment Share on other sites More sharing options...
kb9tbq Posted October 11, 2003 Report Share Posted October 11, 2003 Congrats Xan! LOL Link to comment Share on other sites More sharing options...
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