Xanathos 22 Report post Posted November 26, 2003 Just got back from the courthouse. I had sued EQ on the grounds that they did not properly verify disputed information(as I do not believe the info. could be verified, yet was verified anyways using substandard methods), violating FCRA section 609 by locking me out of my credit file in retaliation of filing suit(amended on to the suit today), and violating FCRA Section 611 for a separate illegal reinsertion rule. Treble damages under the Tennessee Consumer Protection Act, and 6,000 dollars in punitive damages for stress, embarassment, lost loans, etc..They tried to get a continuance on the basis that it was the day before Thanksgiving, I objected, as I'm moving to Oregon next month. Their motion for a continuance was denied, as they sent a representative to the court to request the continuance(thusly rendering their argument that they needed a continuance due to them not being able to get a rep. up to the court today invalid).Took the stand, presented me case...judge gave me all the time in the world...I was done, and he started asking questions...guy was REALLY interested in my presentation and what the FCRA stands for, the rules associated with it, etc.(always a bonus).EQ's rep. attempted to talk...judge told her she COULDN'T because she wasn't recognized by the Tennessee Bar Association, and only recognized attorney's may speak on behalf of a corporation in a trial. Since she wasn't, she had to sit her a$$ back down...not that it would have made any difference. She tried to argue, judge told her only way she could talk was if *I* called her as a witness, and asked me if I wanted to(sort of...his wording was "And you don't want to call this woman as a witness, do you?". Said I had tried to play nice with these guys for 6 months and they refuse to take me seriously, so I'm done taking them seriously or playing nice, and that she could just keep her butt planted in her chair.When it was all said and done, yours truly was granted a judgement from the WONDERFUL judge in the amount of.....NINE......THOUSAND....DOLLARS.He gave me 1,000 each for each of the 3 FCRA violations, treble damages under the TCPA, and denied my request for 6,000 in punitive damages...apparently I couldn't claim those, even though he said he was profusely apologetic for the trauma EQ has put me through and said he understood my frustration, he just couldn't give it to me.But wait, there's more! EQ is STILL on the hook for violating the 15,000 dollar liquidated damages provision for illegally reinserting a previous tradeline.The only downsides areA) the judge said he also couldn't order EQ to remove the tradelines from my credit report, and that I would have to file a separate claim in Federal court or Chancery court to get an order for that. EQ has 10 days to appeal the ruling, as they did not get to speak at the hearing. Not that it will make a damn bit of difference. I'll argue that they knew full well that they were required to send a licensed attorney to speak on behalf of them, and as a multi billion dollar organization, there's no way someone should reasonably believe they didn't know something so basic, and will argue that they DIDN'T send a licensed attorney in an attempt to FORCE a continuance after their motion for one was denied.WEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE! Share this post Link to post Share on other sites
Pale Rider 10 Report post Posted November 26, 2003 That's awesome Xan! So, how do you go about collecting the liquidated damages? Do you have to go to court, or do they just have to pay? Sounds like you really put them through the ringer! Share this post Link to post Share on other sites
Xanathos 22 Report post Posted November 26, 2003 Well, the provision stated that they would waive all legal claims to dispute the provision, so I SHOULDN'T have to go to court, but I'll have to, because these guys are puds, and just refuse to admit defeat to me. Will have to get an attorney and file for that in Federal Court. Share this post Link to post Share on other sites
calawyer 1,848 Report post Posted November 26, 2003 Congrats Xan!You are living proof of something I have been advocating for years: you CAN do this yourself.... and win! Share this post Link to post Share on other sites
mrsmo914 10 Report post Posted November 27, 2003 Daahling, You are maaaarvelous! Share this post Link to post Share on other sites
retmar 241 Report post Posted November 27, 2003 We all be so proud of you, Xan. That's showing them how it's done. Share this post Link to post Share on other sites
knewkid 10 Report post Posted November 27, 2003 WOW!! I want to be like Xan when I grow up..heh heh..What I need is a good Tennessee Judge up here in the Cascades. ....KK Share this post Link to post Share on other sites
travelgrl 10 Report post Posted November 27, 2003 THAT is SO SWEEET!!! Congratulations!Just goes to show if you don't back down and you know you are right that you can prevail. Share this post Link to post Share on other sites
shaunasd 10 Report post Posted November 27, 2003 Xan, you are an inspiration. Making my $5k small claims suit with an OC look like a coffee break Congrats on the win. Maybe they'll understand this time that the liquidated damges provision you insist on is because you are playing for keeps. Share this post Link to post Share on other sites
admin 885 Report post Posted November 28, 2003 Wow!!!! THat is so cool!! Awesome! You should go to law school.Kristy Share this post Link to post Share on other sites
nativechild48 10 Report post Posted November 28, 2003 WELL ALL RIGHTY THEN native Share this post Link to post Share on other sites
shaneIrish 10 Report post Posted November 28, 2003 What does TCPA stand for and is there an online link you can give me? Share this post Link to post Share on other sites
knewkid 10 Report post Posted November 29, 2003 I would guess it stands for Tennessee Consumer Protection Act.Prolly be able to find it with a google.......KK Share this post Link to post Share on other sites
Capepuffin 10 Report post Posted November 30, 2003 You gottem' xan! CONGRATULATIONS!!! That is about the best news I have heard in a long time!Here's to you 9 times plus 1 for luck! Now your my hero! Share this post Link to post Share on other sites
Xanathos 22 Report post Posted December 1, 2003 Wow!!!! THat is so cool!! Awesome! You should go to law school.KristyThe really sick thing is....I'm seriously considering it.I seem to have a knack for this crap, except for needing to learn how to read legalese. Maybe I can call it a foreign language . Share this post Link to post Share on other sites
michigangirl530 10 Report post Posted December 1, 2003 thats awesome congrats to u Share this post Link to post Share on other sites
LadynRed 325 Report post Posted December 1, 2003 Wahoooooooooooooo Xan !!PM me the name of that Judge If I have to haul FUSA into court for FCRA violations next year, I'll angle for your judge !! Share this post Link to post Share on other sites
Xanathos 22 Report post Posted December 1, 2003 It was judge Higgins. Whatever you do though, stay away from Judge Evans...what a royal pain that woman is. Share this post Link to post Share on other sites
Swede 15 Report post Posted December 1, 2003 Way to go!!! Now you can afford to send me that bottle of booze you've been promising me........ Share this post Link to post Share on other sites
Xanathos 22 Report post Posted December 1, 2003 I recall no such promise... Share this post Link to post Share on other sites
Jazkal 10 Report post Posted April 4, 2004 I was just wondering if you ever got the liquidated damges? Share this post Link to post Share on other sites
c m chase 252 Report post Posted April 4, 2004 Oh yeah he did....Equifax pretty much ended up buying him a new car. http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=11295 Share this post Link to post Share on other sites
Makayla 10 Report post Posted November 13, 2007 It's awesome that you won. I'm impressed with all the info that is listed on this site. It is so helpful. Maybe yourself or someone else reading can answer. I recieved a $5000.00 through a terrible company (Cash Call). I have since July run into some financial hardships & not made a payment since July. Cash Call has left all types of threatning messages on my work, cell & home phones. They have also went as far as to call my supervisor & told him to have me call them or else a summons will be sent to my job. (how embarrissing). It should be some rules that they have to follow. They are the original creditor & are not utilizing a collections agency to try to collect payment. What should I do? I'm in IL Share this post Link to post Share on other sites
rmuse00 254 Report post Posted November 13, 2007 Welcome Makayla Did you realize you brought up a post that is over 3 years old? That's ok though, I'm sure the info will seem new to many of the recent members. As far as your situation is concerned. When did they first contact you? Did you receive something in the mail notifying you of this debt? Who is collecting the Original creditor or a collection agency? You have the right to dispute any and/or all information in regards to the debt as well as the manner in which it is being collected. You need to start on the "Debt Validation" process right away. Go to the top of the forum and click on the "debt validation" link. Also read the forum under this section. Whatever you do do NOT talk to any of these people as they will try and intimidate you into paying what may or not be your debt. They should not be contacting any third party in regards to your debt unless they have no means of contacting you and based on what you have said, they do. Continue to read up on these sections as well as the "FDCPA". Makayla, might I suggest you start a new thread with more information, answering some of these questions for example, regarding your situation. Please post under the collections forum and you might get more people to chime in on your situation. Good Luck! Share this post Link to post Share on other sites
Makayla 10 Report post Posted November 13, 2007 Thanks for the update, I did not notice the date on that other message. it is the original creditor that is calling me. Share this post Link to post Share on other sites
