Jump to content

Is this even worth suing?

Recommended Posts

Background: two CRA's have deleted a tradeline with a furniture store due to varying delinquency dates. Until I threatened to sue, the company sent me nothing and refused to do so.

Since then, I have a printout of an EXCEL SHEET they MADE UP. At the top, my name isn't correct. It's not on company letterhead, though the letter it arrived with was. The delinquency dates are still varying from the last tradeline that hasn't been deleted. The second line (under the wrong name) on the excel printout reades: "Contract wriiten September 19, 20045th" Exactly like that.

They have verified twice with the CRA's when I disputed the delinquency dates. It wasn't until after I sent the CRA's proof of the differing delinquencies (copies of the different credit reports) that they were deleted.

This Excel sheet nails them on verifying incorrect dates that they previously said were correct. It also may help me show they have no real record of my payment dates (varying delinquencies), no record the debt is actually mine (wrong name), etc.

Would you take it to court, or just send the last CRA the excel sheet? I don't want to do that in case they try to 'fix it' and report accurate dates. I had another OC do that, and I've nailed them on it. However, I still have this company as verifying dates that were wrong beforehand.

I also have a letter typed out to the company rep. I'm now talking to (it changed when I mentioned the "s" word) telling them their reporting on the last CRA (I didn't mention which one) varies wildly from the excel sheet they gave me. Also said that the other two have deleted, they have verified the wrong dates at least twice, my name is wrong, the excel sheet is a joke, etc. etc.

Do you think the CRA's will delete based off of the above if I sent them the excel sheet? Or should I file in court and force the company to delete? Or just send them the letter I've written and hope they do? I'm hung up on which route to take.

Anybody want to say what they would do in this situation?

Link to comment
Share on other sites

I think I would try to send them a letter calling them out. Break down the whole thing for them, all violations and the $$$ they will be losing if they don't comply. Tell them you intend to sue if it's not removed from the last CRA and give them a time limit. If after the time limit is not met, sue them. Take them for all you can get. I think that's what I would do if it were me. I don't necessarily want to take these people to court but if that's my only option, after all other options fail, I would. But then again I don't shy away confrontation. Sometimes that's a good thing, sometimes bad. Just a pain in a$$. Good luck

Link to comment
Share on other sites

This is the letter that I shot off today. Yes, I'm fed up and NOT being nice anymore.

Ms. Moron:

As thankful as I am that you contacted me regarding this account, I’m sorry to say what you provided me as proof of my payments is almost laughable. You also dug the hole for your company even deeper with the excel sheet you made up. It furthers my case against FURNITURE STORE INC as I will soon explain.

If you can not even spell my name correctly, I do not see how you expect any sort of judge to see your side of the story in court, and you must have the wrong person if you say I am the person labeled on the top of the page. Nor do I expect the court to even begin to take you seriously since the second line reads exactly: “Contract wriiten September 19, 20045th.” Was that 2004 or 2005? What contract?

Ms. Moron, were you aware that FURNITURE STORE INC was reporting due dates that were different on ALL THREE bureaus? Not one was similar to another. YOUR COMPANY VERIFIED THEM AS BEING CORRECT. Now that you have sent me your excel sheet, I have honest proof you are not reporting correctly since what you have in your computer varies WILDLY from what your company was, and is still, reporting to the three major credit bureau’s. AND, since your company has verified the INACCURATE information at LEAST two times with each bureau, if I catch anyone trying to change it or re-inserting any tradeline to make it “match”, I will not be kind enough to ask you to take anything off: I’ll just sue your company for every possible violation I can find on top of punitive damages and any actual damages I incur. I have all the proof I need to prove you HAVE WILLFULLY VIOLATED FEDERAL AND STATE LAWS. I have copies of other letters I have received as well, which violate a Texas statute that mandates you provide me with sufficient evidence of any late payments. I’m telling you what you sent me not only is insufficient (it wasn’t even on company letterhead) it is pitiful, totally wrong and has proven your company to have willfully violated sections of the FCRA and Texas Finance Code.

Now, for the FINAL time I’m no longer asking you, but DEMANDING that you delete the all tradelines from my credit reports. I already have the paperwork filled out to go to district court over the matter and a long laundry list of state violations I will be suing over. If I have to, I will also retain a lawyer to pursue the federal violations.

I will also be forwarding this information to the Federal Trade Commission and the Attorney General for the State of Texas. This is a violation of consumer law and FURNITURE STORE INC has violated more than one state and federal law thus far. I believe that FURNITURE STORE INC needs to be held accountable for these and any other violations they have made against other consumers. As an employee in the credit division of FURNITURE STORE INC I’m going to assume you know the cost to the company of each violation on a credit report; both with federal and state laws. I’m confident that FURNITURE STORE INC would rather not have to pay those fines and furthermore be called out on poor business practices.

I’d rather settle this matter outside a courtroom however, I am prepared to take it as far as federal court should I have to. This is poisoning my credit report, and I have plenty of proof that it is WRONG. Since your company can’t seem to report it accurately I’m demanding that you remove it immediately. You have five days upon receipt to comply with this request. That is plenty of time to fax a letter to the credit bureaus to remove this tradeline. You may call me on my cell phone upon performing the above function: 555-555-5555. Your call will be recorded.



Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.