prokrg Posted November 28, 2004 Report Share Posted November 28, 2004 I thought it would be good if we could post all the most common violations that the CRA's commit along with a copy of the law they are violating, and then a form letter stating that they are violating the law and to comply or be sued,this way instead of going thru the same problems over and over we can just reference this guide and take the proper action. If we get even more advanced we can put together cookie cutter cases to use in court every time a violation is committed. The CRA's seem to violate the law so much that it seems we could file thousands of lawsuits in a shot period of time. Link to comment Share on other sites More sharing options...
DocDon Posted November 28, 2004 Report Share Posted November 28, 2004 Problem is, first, they don't care if they're violating the law.Second, if you're going to send an ITS, you might as well sue. When they get a threatening letter, they flag your account into "special handling". Now you're stuck dealing with one assigned rep who never seems to be in thier office or have the time to call you back. It's like pergatory until you file suit. Might as well skip that step.Check out the Lawsuit Hall of Fame thread in the Lawyer section. Link to comment Share on other sites More sharing options...
prokrg Posted November 29, 2004 Author Report Share Posted November 29, 2004 Thanx DocDon, What I actually meant was since it is apparent that they don't care about violating the law instead of ever talking to them which would probably be a waste of time, every time they violate the law in any way we file a lawsuit. The only reasons to send the ITS letter or a couple of them is just as an added measure to show the court that we did every thing in our power to rectify the situation amicably without the court's help, not that this is absolutely neccessary but I think it helps one to look like the helpless consumer[i said {looks}like!] against the big bad credit bureau. Another reason is that these people seem to send out letters that could help your case and maybe pull in more violations. And lastly so they know that when the lawsuit is filed they probably won't be able to defend against it. For example if they ignore iron clad evidence such as a letter from an Original Creditor, and they continually refuse to fix the situation, how can they defend against that? Once one person wins a case like that a good template can be set up to have thousands of people sue them accross the board. I am no expert but it seems to me the only way the CRA's get away with anything is just because of inaction and/or ignorance on the publics part. By the way what are the most common violations that the CRA's commit? Link to comment Share on other sites More sharing options...
DocDon Posted November 29, 2004 Report Share Posted November 29, 2004 Yes. If you're generating a papertrail to use in a suit, then by all means, an ITS is in order. If you're not going to sue, you just put yourself into 'special handling' basically for no reason...Pick anything from the FCRA and they violate it. All the way from not reinvestigating w/ new 'proof' supplied to not notifying you of reinsertion to answering procedural requests incorrectly. Link to comment Share on other sites More sharing options...
prokrg Posted November 29, 2004 Author Report Share Posted November 29, 2004 Am I correct in assuming then that if they truly violate any provision of the FCRA, then as long as one has a proper papertrail and presents his case to the court in the correct fashion it should be easy to win your case or have them settle? Link to comment Share on other sites More sharing options...
wert Posted November 29, 2004 Report Share Posted November 29, 2004 Don't assume that!One, a lot of judges don't understand this part of the law. You have to educate them on it and sometimes thats hard to do as we, as not having law degrees, leave stuff out of our cases. Also, we are dealing with lawyers who know the system a lot better.And most CAs know that by the law of numbers, most defendants won't show up in court and they win no matter how misguided the original suit is. CAs don't care about the law, SOL, etc. They only want money coming in to them. They buy the debt, depending on how old, for 1-30 cents on the dollar and want a return on their investment.No-don't assume either!!!!!!!!!!! Link to comment Share on other sites More sharing options...
prokrg Posted November 29, 2004 Author Report Share Posted November 29, 2004 Thanx and good points, What I am trying to accomplish is to avoid all the confusion and put together slam dunk cases such as re-aging or verifying a listing for a company who is out of business for 5 years or anything that is highly provable. Also if you win your case are legal fees recoverable? Link to comment Share on other sites More sharing options...
Recommended Posts