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Suing Capitol One and Experian because of help from here


garynash70701
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I would like first to thank everyone for their informative topics, experiences, and most of all their knowledge. I have not posted much for I am a very busy person, but that does not mean I don't visit the site everday. Thanks!!!!

Now on to the good news.... bad for Crap1 and Experian.....we have filed suit through the use of the National Association of Consumer Advocates or NACA against crap1 and experian. They are notorious for not taking things off of consumers bureaus even when presented with evidence. Experian did not validate correctly per the FCRA and yaddda yaddda yaddda. I will post the actual lawsuit as soon as I can figure out how to copy and paste it. I have tried to no avail. It is in RTF format.

Again, thanks and keep up the fight. I am about to start a business helping consumers with these issues, for what I have learned here has taking off over 9 neg of the bureaus of mine and 4 or 5 off my wifes.

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Congrats! Would you happen to know of a good lawyer to use?

Why can't you copy and paste the text file here? Another thing you could do is to upload the documents to a website server and just link to them. I have several places that I store files online, if you want to email it to me I can upload it and give you the link where we can can see it. My email addy is heartfocus@charter.net

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The answer to your question is our Attorney is doing it for free for us. He paid the filing fee, and is assuming all costs. He is asking for attorney's fees from EX and Crap1. If someone here is in the Texas area and looking for a good attorney I will try to get you guys together with him. He is the dean of the law school for a local major college and does this to help consumers. He really is not in it for the money. He is awesome. So hard to find an attorney like that. I believe he mainly does it this way, for I was told he believes the CRA's and CA's needs to pay him, not the victim.

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

TOSHA HESSE NASH F/K/A TOSHA HESSE § CIVIL NO. §

Plaintiff §

§

vs. § COMPLAINT

§ and

EXPERIAN INFORMATION SOLUTIONS, INC., § DEMAND FOR JURY TRIAL

and §

CAPITAL ONE SERVICES, INC. §

§

Defendants §

---------------------------------------------------------------------------------------------------------------------

COMPLAINT

COMES NOW the Plaintiff, TOSHA HESSE NASH F/K/A TOSHA HESSE, (hereafter the “Plaintiff”) by counsel, and for her complaint against the Defendants, alleges as follows:

PRELIMINARY STATEMENT

1. This is an action for actual, statutory and punitive damages, costs and attorney’s fees brought under the Fair Credit Reporting Act, (“FRCA”), 15 U.S. C. §1681 et seq to obtain statutory damages, actual damages, injunctive relief, declaratory relief, and other relief

JURISDICTION

2. The jurisdiction of this Court is conferred by 15 U.S.C. §1681(p) and 28 U.S.C. §1367.

3. The Plaintiff is a natural person and resident of the State of TEXAS. She is a “consumer” as defined by 15 U.S.C. §1681a©.

4. Upon information and belief, EXPERIAN INFORMATION SOLUTIONS, INC. (“EXPERIAN”) is a corporation incorporated under the laws of the State of Ohio authorized to do business in the State of TEXAS having its principal place of business at 475 Anton Blvd., Costa Mesa CA 92636.

5. Upon information and belief, EXPERIAN is a “consumer reporting agency”, as defined in 15 U.S.C. §1681(f). Upon information and belief, EXPERIAN is regularly engaged in the business of assembling, evaluating, and disbursing information concerning consumers for the purpose of furnishing consumer reports, as defined in 15 U.S.C. §1681(d) to third parties.

Upon information and belief, EXPERIAN disburses such consumer reports to third parties under contract for monetary compensation.

7.. Upon information and belief, CAPITAL ONE SERVICES, INC. (“CAPITAL ONE”) is a credit card issuer with a mailing address at P.O. Box 85520, Richmond, VA 23285, authorized business in the State of TEXAS, as a consumer finance company with its primary place of business at 1680 Capital One Drive, McLean VA 22102.

8. From December, 2001, Defendant CAPITAL ONE reported to the various credit reporting agencies that a credit card account [412174173918….] in the amount of $815.00 was legally paid in full for less than full balance, thus charged off.

9. Plaintiff requested and received a copy of the credit file of the Plaintiff compiled and maintained by EXPERIAN..

10. Within the credit reports, CAPITAL ONE reported that Plaintiff had opened and was responsible for the credit account, which account was partially paid with the balance being charged-off and had a derogatory payment history (the “CAPITAL ONE representation”).

11. The CAPITAL ONE representation was false.

12. On various dates in the year of 2005, Plaintiff contacted the credit reporting agency EXPERIAN disputing the CAPITAL ONE representation and requested further information regarding same. Plaintiff notified those credit reporting agencies, all Defendants herein, and CAPITAL ONE that she was merely an authorized user of the contested account opened by her former boyfriend, Mark Degering and had no contractual responsibility for the payment of the account, which information was verified, by affidavit, by Julie Degering, the wife of Mark Degering who was the credit cardholder and who filed bankruptcy.

13. Correspondence was also forwarded to the Defendant EXPERIAN requesting that Defendant credit reporting agency verify and delete the erroneous CAPITAL ONE representation from her credit file.

14. Upon the Plaintiff’s request for verification and deletion, and in accordance with its standard procedures, the Defendant credit reporting agencies did not evaluate or consider any of Plaintiff’s information, claims or evidence and did not make any attempt to substantially or reasonably verify the CAPITAL ONE representation.

FIRST CLAIM FOR RELIEF AGAINST EXPERIAN

15. The Plaintiff re-alleges and incorporates paragraphs 1 through 14 above as if fully set out herein as Paragraphs 16 through 36.

37. EXPERIAN violated 15 U.S.C. §1681e(B) by failing to establish or to follow reasonable procedures to assure maximum possible accuracy in the preparation of the credit report and credit files it published and maintains concerning the Plaintiff.

38. As a result of this conduct, action and inaction of EXPERIAN, the Plaintiff suffered damage by loss of credit, loss of the ability to purchase and benefit from a credit, the mental and emotional pain and anguish and the humiliation and embarrassment of credit denials.

39. EXPERIAN ’s conduct, action and inaction was willful, rendering it liable for punitive damages in an amount to be determined by the Court pursuant to 15 U.S.C. §1681n. In the alternative, it was negligent entitling the Plaintiff to recover under 15 U.S.C. §1681o.

40. The Plaintiff is entitled to recover costs and attorney’s fees from EXPERIAN in an amount to be determined by the Court pursuant to 15 U.S.C. §1681n.

SECOND CLAIM FOR RELIEF AGAINST EXPERIAN

41. Plaintiff re-alleges and incorporates paragraphs 1 through 40 above as if fully set out herein as paragraphs 42 through 86

87. EXPERIAN violated 15 U.S.C. §1681i(a) on multiple occasions by failing to delete inaccurate information in the Plaintiff’s credit file after receiving actual notice of such inaccuracies and conducting a reinvestigation and by failing to maintain reasonable procedures with which to filter and verify disputed information in the Plaintiff’s credit file.

88. As a result of this conduct, action and inaction of EXPERIAN the Plaintiff suffered damage by loss of credit, loss of the ability to purchase and benefit from credit, the mental and emotional pain and anguish and the humiliation and embarrassment of the credit denials.

89. EXPERIAN ’s conduct, action and inaction was willful, rendering it liable for punitive damages in an amount to be determined by the Court pursuant to 15 U.S.C. §1681n. In the alternative, it was negligent entitling the Plaintiff to recover under 15 U.S.C. 1681o.

90. The Plaintiff is entitled to recover costs and attorney’s fees from EXPERIAN in an amount to be determined by the Court pursuant to 15 U.S.C. §1681n and 1681o.

FIRST CLAIM FROM RELIEF AGAINST CAPITAL ONE

91. Plaintiff re-alleges and incorporates paragraphs 1 through 90 above as if fully set out herein as paragraphs 92 through 182.

183. CAPITAL ONE published the CAPITAL ONE representations to the three credit reporting agencies, the co-Defendants herein, who in turn published to all of Plaintiff’s potential lenders on multiple occasions(the “Defamation”).

184. The Defamation was willful. CAPITAL ONE did not have any reasonable basis to believe that the Plaintiff was responsible to pay this account. It also had substantial evidence by which to have verified that the Plaintiff’s account was not the Plaintiff’s responsibility. CAPITAL ONE willfully determined to follow procedures, which it did not review, confirm or verify the identity of persons to whom CAPITAL ONE lent money. Further, even if CAPITAL ONE would attempt to plead ignorance prior to June, 2005, it had all of the evidence and information with which to confirm and recognize the Plaintiff had no contractual responsibility to pay the obligation to CAPITAL ONE.

185. As a result of this conduct, action and inaction of CAPITAL ONE, the Plaintiff suffered damage by loss of credit, loss of the ability to purchase and benefit from a credit, the mental and emotional pain and anguish and the humiliation and embarrassment of credit denials.

186. The Defamation, conduct and actions of CAPITAL ONE were willful, deliberate, intentional and/or with reckless disregard for the interests and rights of Plaintiff such as to justify an award of punitive damages against CAPITAL ONE in an amount to be determined by the Court.

SECOND CLAIM FOR RELIEF AGAINST CAPITAL ONE

187. Plaintiff re-alleges and incorporates paragraphs 1 through 186 above as if fully set out herein as paragraphs 187 through 373.

374. CAPITAL ONE violated the Fair Credit Reporting Act, 15 U.S.C. §1681s-2 by publishing the CAPITAL ONE representation within Plaintiff’s credit files with the three credit reporting agencies without also including a notation that this debt was disputed; by failing to fully and properly investigate the Plaintiff’s dispute of the CAPITAL ONE representation; to review all relevant information regarding same, and by failing to correctly report results of an accurate investigation to each other credit reporting agency.

375. As a result of this conduct, action and inaction of the three credit reporting agencies, the co-Defendants herein, the Plaintiff suffered damage by loss of credit, loss of the ability to purchase and benefit from a credit, the mental and emotional pain and anguish and the humiliation and embarrassment of credit denials.

376. CAPITAL ONE ’s conduct, action and inaction was willful, rendering it liable for punitive damages in an amount to be determined by the Court pursuant to 15 U.S.C. §1681n. In the alternative, it was negligent entitling the Plaintiff to recover under 15 U.S.C. §1681o.

377. The Plaintiff is entitled to recover costs and attorney’s fees from CAPITAL ONE in an amount to be determined by the Court pursuant to 15 U.S.C. §1681n.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff demands judgment for compensatory and punitive damages against Defendants, jointly and severally; for her attorneys fees and costs; for pre-judgment and post-judgment interest at the legal rate, and such other relief the Court does deem just, equitable and proper.

Dated: November , 2005.

Respectfully submitted

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