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Should I sue TU and Credigy Receivables?


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In October 2005, Credigy Receivables filed a complaint against me, but thanks to some great help from this wonderful web site, I put up a heck of a fight. After a lot of excuses to the court, Credigy voluntarily dismissed their case against me WITH prejudice (essentially for lack of prosecution and evidence).

My next problem is that Credigy is continuing to report this item to TransUnion. I have disputed this item with TransUnion for nearly a year via certified mail, but TranUnion continues to claim this account as "verified". So essentially, they're taking Credigy's word for it.

I successfully got Credigy to drop their bogus suit, but to date, they have refused (and ignored) my certified mail requests for validation of debt.

After they dropped their case, I sent Credigy a certified letter requesting that they remove this item from my TransUnion credit report. They've completely ignored me and have not responded to any communications. I recently sent them a second certified letter and fully expect for them to ignore that letter too.

I recently sent TransUnion another dispute letter via certified mail telling them that Credigy requested voluntary dismissal with prejudice AND that they could verify this with the court directly, but TransUnion sent me yet another "verified" letter…

So here are my questions:

1) Do I have a valid case against both Credigy and TransUnion for FDCPA/FDCRA violations?

2) Are there any Pro Se civil court suits online: A) against a credit bureau and B) a collection agency that I can access as an example or template?

I recently contacted a NY lawyer who basically told me that Credigy doesn't have to do a darn thing about removing this item if they don't want to. Is this true?

Please help me. :(

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1. Who are you suing?

Collection Agency: Credigy Receivables

2. How old is the debt?

Unsure. Requested validation of debt by certified mail 6 times, but Credigy has never replied or responded.

3. If the person harrassing you about the debt is a collection agency, is the debt being reported on your credit report?

Yes. It's being reported by Credigy to TransUnion BEFORE AND AFTER they filed a complaint, then voluntarily dismissed their complaint with prejudice.

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.

Yes, for nearly a year by certified mail. TransUnion still claims the item is "verified".

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection?

No. I only received their mailed complaint and saw them reporting it to TransUnion. I never recieved collection letters prior to receiving thier complaint.

6. What state are you in?

NY State / County of Kings

7. What kind of debt is this? (credit car, auto loan, student loan)

Credit card.

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...

Not sure, which is why I need some advice. They basically sued me, then had no proof of their claims, or an attorney of counsel assigned in court so they had to drop the case.

They are still reporting this item to TransUnion despite:

- 6 certified mail requests to Credigy for validation of debt

- 10 Certified mail disputes to TransUnion

- 2 Certified mail requests to Credigy requesting that they remove this item (after they discontued thier case with prejudice)

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Thanks GreatGadsby.

Let's assume DV letter wasn't timely then.

My question is that if Credigy cannot prove the validity or accuracy of this item to the courts or to me, what recourse do I have regarding their reporting this item to TransUnion?

How is it they can be allowed to report this item, or continue to do so without providing proof to the courts or to myself?

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I DID IT! I DID IT! The bane of my existence is gone! After nearly a year in court and their reporting to the credit bureas, I have FINALLY sent Credigy packing!

After the letters I sent, I checked my credit report this week and guess what... TransUnion finally removed them! My scores are now in the 730s and 740s.

I owe a good deal of my success to this site. Thanks to all.

And for the rest of you reading this who are being hounded by these wolves, hang in there and fight. You can do it too.

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