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Anger Management


niviene

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Well, with stables you have other costs, too... when I took care of horses, we had to put straw down freshly every so often, and sometimes put lime on the ground to keep it sanitary... it also takes time to clean the stalls out, and I had to do things like cleaning their hooves, etc. And of course like any other animal I'm too much of a softie so I always got them treats - apples, graham crackers, carrots... not super expensive things, but a horse eats a lot :D Also gave them hay to eat and clover to munch on... but they were worth it, to me, because I enjoyed them. I suppose if you don't really enjoy cleaning up horse poop, it might not seem 'worth it.' :D

 

Wow, Irish.... that is so horrible!! This is just absurd that they can get away with things like this - I mean, look at the impact it can have on us. I guess if you really had the time and energy you could go ahead and sue them (because what they did IS illegal in any US state, and the FCRA says explicitly that you can sue for $1000 for the act, and then you get to tack on court costs/legal fees and even punitive damages!) So you might be able to use your frustration and embarrassment (which you could certainly embellish a bit :)) to knock a little money off your mortgage! :doh:

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That'll probably be your best bet too, to pay off your mortgage :doh:...

 

Interest rates are going up, up, up! Refinancing is generally only beneficial right now if you want to consolidate debt...

 

Now is NOT the time to get a fixed rate :). I swear, business is soooo slow... the only calls I'm getting are from people with sub 500 FICO scores who want to purchase a home for $25,000.00 on the East coast... Our minimum loan amount is $50,000.00 and it takes a FICO of at least 580 to qualify for 100% financing on a purchase...

 

I need to get a better job...

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Still waiting on the letter from the guy stating that it was their fault.

Hey niv, if you could PM me with some details about the FCRA, I'd appreciate it. I know I could look it up, but my brain is so muddled these days with all of these numbers floating around, that I doubt I'd even understand where to go. :doh:

Thanks!

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Still waiting on the letter from the guy stating that it was their fault.

Hey niv, if you could PM me with some details about the FCRA, I'd appreciate it. I know I could look it up, but my brain is so muddled these days with all of these numbers floating around, that I doubt I'd even understand where to go. :doh:

Thanks!

If they're thinking they can buy time by saying it's "in the mail" DEMAND that they FAX it to your bank ( or wherever you were applying for the morgage) directly, care of your loan officer with your information clearly writen on it. Also DEMAND they put their person contact information for verification ( not just standard business line). Fastest way I know of to get it done, works best if you're speaking to a 'department lead'/manager.
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Oops, looks like Dark Mind already posted it... but I'll post a few quotes here for you :Waldo:

I'm posting the willful noncompliance as well as the negligent noncompliance sections - keep in mind that some of it applies to people doing things as well as agencies doing things, so some of it doesn't apply to your situation. But, where it says, for example, "Any person who obtains a consumer report...." this applies to anyone who pulls your credit report. If you look on there and see that a bank or other agency has requested a copy of your credit (and those pulls will show on your report) they have to have a valid reason to do so - either you authorized them to explicitly, or they are a collection agency trying to get info on you (and they have to have a valid collection account on you to do so). So, even those credit views on your report, if not legit, are illegal. Keep a close eye on it!

 

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

 

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

 

(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

 

(:hyper: in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;

 

(2) such amount of punitive damages as the court may allow; and

 

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(;) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

 

© Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

 

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

 

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

 

(1) any actual damages sustained by the consumer as a result of the failure;

 

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

 

(:( Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

 

....

 

§ 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]

 

Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.

 

........

 

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

 

(a) Duty of furnishers of information to provide accurate information.

 

(1) Prohibition.

 

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

 

(;) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

 

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

 

(ii) the information is, in fact, inaccurate.

 

© No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (;) shall not be subject to subparagraph (A); however, nothing in subparagraph (:( shall require a person to specify such an address.

 

(2) Duty to correct and update information. A person who

 

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

 

(:( has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

 

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

 

(4) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.

 

(5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.

 

This last section is also very relevent for you, Irish - as you can see, it clearly states that they are not allowed to report something that they know to be inaccurate. If I were you, I would keep a written log (if you're unable to record your conversations) of date, time, who you spoke with, and notes about the conversation, to help you out should you ever need to "prove" they knew they were reporting inaccurate information. Although it wouldn't guarantee you as far as proving anything, a written log in detail can be very convincing. Especially since if you can provide names and dates and times, the court can subpoena time records from the company, and if they were to see that the people you spoke with were all working at the times of the calls, that would be major evidence in your favor.

 

As you can also see from this info, if I don't get a notice here pretty soon from these people I originally posted about, I'll be spending a little more time in court myself. ;)

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