Jump to content

Gearing up for a new fight - CRAs and possibly Citibank


usagi555
 Share

Recommended Posts

Now that I currently have 4 certified copies of the complaint filed against me by Citibank that are each accompanied by a copy of the dismissal with prejudice, I am going to try to get that crap off of my credit report.

IMO, dismissed with prejudice without me paying a dime = I do not owe the debt and it shouldn't be there. The plaintiff was the one that dismissed with prejudice. I'm just double checking here: Is my reasoning sound on this one? Any case law that says that I'm wrong? Any case law on the plaintiff dismissing with prejudice at all?

Also, Equifax won't give me my free credit report from the annualcreditreport site claiming that some of the info that I provided did not match their records. I'm betting that they have my file mixed with one of the other 5 or 6 people with my first and last name in the state. Is it best to call them, or to send a request in via snail mail?

Does anybody have any idea how much resistance I'll run into? I know that BTO hit a brick wall with Equifax when he sent them court documents. I'm willing to give them a swift kick in their jurisprudence nuts if that's what it takes, and I have months if needed to familiarize myself with the FCRA and relevant case law before filing anything. It will be nice not having to go into it with very little knowledge and learn rapidly or lose. Of course, I may have to lean on this site a bit. It would be nice to hire an attorney if it came down to that, but truthfully, I would be the client from hell.

Link to comment
Share on other sites

I'd do the snail mail thing next to get any rejections in writing. If the rejection includes corrective procedures, I'd follow them to the extent that makes sense. If that fails, my next letter will be a legal demand with legal threat, demanding:

1. Complete and thorough investigation into all errors in my file.

2. Removal of all incorrect information, including information from all fraudulent sources, and all information that prevents access to my file.

3. An archival copy of my credit file as it stood on the date I originally requested it, along with a current copy of my credit file.

I've give them 60 days on this demand to be able to show the court I was generous. Any such investigation involving data in their database should take no more than an hour or so. Any delays beyond a couple would show they are intentionally understaffing. So 60 days is WAY more than enough.

Link to comment
Share on other sites

I'd do the snail mail thing next to get any rejections in writing. If the rejection includes corrective procedures, I'd follow them to the extent that makes sense. If that fails, my next letter will be a legal demand with legal threat, demanding:

1. Complete and thorough investigation into all errors in my file.

2. Removal of all incorrect information, including information from all fraudulent sources, and all information that prevents access to my file.

3. An archival copy of my credit file as it stood on the date I originally requested it, along with a current copy of my credit file.

I've give them 60 days on this demand to be able to show the court I was generous. Any such investigation involving data in their database should take no more than an hour or so. Any delays beyond a couple would show they are intentionally understaffing. So 60 days is WAY more than enough.

Got it on the in writing, but I would record any phone calls with them. I fully plan on documenting every detail of every step that I take.

I'm not one to make a legal threat except in cases where it is being used to prevent physical harm to me. Any legal threats that they receive from me will say SUMMONS on the top. Other than that, I will simply notice them that they are in willful non-compliance without stating what courses of action I am willing to take.

Basically, I want them to know that I will be watching them like a hawk and documenting every last detail.

Link to comment
Share on other sites

I sent the request for my free annual report from Equifax CMRRR. I included a signed and dated list of everything enclosed and kept a copy of everything, including that list. It is basically a transmittal memorandum and a certificate of service.

Let the paper trail begin.

Link to comment
Share on other sites

IMO, dismissed with prejudice without me paying a dime = I do not owe the debt and it shouldn't be there. The plaintiff was the one that dismissed with prejudice. I'm just double checking here: Is my reasoning sound on this one? Any case law that says that I'm wrong? Any case law on the plaintiff dismissing with prejudice at all?

A voluntary dismissal with prejudice is an adjudication on the merits for purposes of res judicata, not necessarily as to the underlying claim. That's probably the position of the creditor.

Similar to the same reasoning which holds that merely requesting payment on a time-barred debt (without filing suit) is not a violation of the FDCPA.

Link to comment
Share on other sites

A voluntary dismissal with prejudice is an adjudication on the merits for purposes of res judicata, not necessarily as to the underlying claim. That's probably the position of the creditor.

Similar to the same reasoning which holds that merely requesting payment on a time-barred debt (without filing suit) is not a violation of the FDCPA.

I am concerned with that kind of argument which is why I bring the question up. Unfortunately, including the words 'dismissed' and 'with' and 'prejudice' in any search pulls in a mass of irrelevant cases and it is difficult to find what I need to see what position the courts would take. I never even had a chance to have the court adjudicate the matter on the merits, however, I had enough proof that the so called records of Citibank sucked that I am confident that the end result would have been the same.

Let's put it this way, I have a communication from Citibank identifying the account as a Diamond Preferred Rewards American Express, and I also have communication stating that it was a Citi Verizon Gold. The Verizon Gold pops up on google as a Master Card. I've never had an Amex in my life, nor have I ever had a Master Card in my life. All of these communications have the same account number listed. My second round of discovery was going to deal with this, but it never got to that. This is only a small part of how bad the records were.

Link to comment
Share on other sites

One thing that occurred to me regarding the question about how the courts would view this is what would happen regarding some of the other ways a defendant could get a dismissal with prejudice. One way to get a dismissal with prejudice is to call up the other side's lawyers and offer to pay the debt in full in exchange for a dismissal with prejudice, get the deal all worked out, then pay. At this point, you would have admitted that you owe the debt, but the OC's tradeline would now have to read paid in full along with charged off. In other words, at least to that extent, what they report has to match the circumstances of the outcome in court. How far does this extend? I don't know, but in the absence of rulings that contradict my position, I would argue that they dismissed with prejudice which is in itself is a flat out statement that I do not owe the debt.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • 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.