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Sueing Citibank


hpric
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Ok, I tried to get Citibank to remove some non pp inquiries from my Equifax file and they said they wouldn't remove them. I sent them the ITS and copies of the papers so they see that I am serious. I gave them a deadline to either call me for a settlement or I will file my papers on the 29th. A week ago I get a letter from one of their paralegals asking me for a copy of report that shows these inquiries. I am getting ready to send her another letter CMMRR explaining that I already tried to have this matter resolved without success and if they wanted to offer a settlement to please call me. I also said that if they insist on looking at my report that shows these inquiries they will be giving a chance in front of the Judge but not before. What do you Guy's and Gal's think ? should I stand strong or should I comply ?

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:evil: Yeah go for it :!: These companies think we are suppose to take what ever they dish out and not complain. This has happenend to me and I am raisin' cain about it right now. If no resolution they will get and ITS from me :!::!: Like I would go for an aspire card :lol: not even if I were desperate. Stay strong and maybe we can get these people to realize they are not above the rules :twisted:
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I just checked my first Credit Watch report and counted a total of 7 inquiries from citibank. I spoke with their paralegal and she said to give her a day or two before I file my paperwork, What should I do ? Should I try to get them to settle for something like $3000 ?

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Unless you're in Calif, then it's "not less than $2500"

:)

California Civil Code 1785.31 is as follows:

1785.31. (a) Any consumer who suffers damages as a result of a

violation of this title by any person may bring an action in a court

of appropriate jurisdiction against that person to recover the

following:

(1) In the case of a negligent violation, actual damages,

including court costs, loss of wages, attorney's fees and, when

applicable, pain and suffering.

(2) In the case of a willful violation:

(A) Actual damages as set forth in paragraph (1) above:

(B) Punitive damages of not less than one hundred dollars ($100)

nor more than five thousand dollars ($5,000) for each violation as

the court deems proper;

© Any other relief that the court deems proper.

(3) In the case of liability of a natural person for obtaining a

consumer credit report under false pretenses or knowingly without a

permissible purpose, an award of actual damages pursuant to paragraph

(1) or subparagraph (A) of paragraph (2) shall be in an amount of

not less than two thousand five hundred dollars ($2,500).

(B) Injunctive relief shall be available to any consumer aggrieved

by a violation or a threatened violation of this title whether or

not the consumer seeks any other remedy under this section.

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FCRA is not $1000 Per action. No where in the wording does it state per action as it does in the FDCPA. I would sue them for $1G for every pull.

Unitl someone finds case law that proves otherwise I would stand on the per violation.

Just my 2 pennies

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