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Valued Member
Posts: 34
Registered: ‎06-25-2012
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Purpose of deletions

I was wondering if anyone had any insight about the purpose of deleting an account during a lawsuit.  I am suing mcm for many, many violations.   Im in the discovery phase right now.   I noticed that mcm has deleted the account from the cras that ive disputed 12 times as fraudulent.   Does this allow them to escape liability under the fcra since its non strict liability?   Or are they just doing this as an attempt to reduce any potential damages?   What do yall think?

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Posts: 12,952
Registered: ‎04-15-2011
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Re: Purpose of deletions

Probably looking to reduce their liability.


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Posts: 52
Registered: ‎02-22-2012
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Re: Purpose of deletions

On a sidenote, what are the financial implications of suing a CA?  Is this interrupting your current cash flow, or have you found a lawyer to take your case, and his cut when the whole deal is settled? Is this a joint action, with other plaintiffs?  I'm not planning to sue, just thinking that has to be a huge investment of all your resources: time and money.  Best of luck to you, I hope you get the outcome you want and deserve! Please keep us updated.  


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Valued Member
Posts: 34
Registered: ‎06-25-2012
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Re: Purpose of deletions

Actually it hasnt messed up my cash flow at all. I am the plaintiff, so i was able to hire an attorney on contingency.   She is doing a great job,  and so far even if i lose mcm never filed a counter claim.   No matter what though the outcome , im glad i stood up to these parasites.    I ve dealt with various debt collectors cleaning up my credit, some of them are just people doing a job,  making a living, they re honorable people, and companies.  MCM is by are the scumiest , dodgy, bs artists out there. No wonder they average 8000 complaints a month.

Valued Contributor
Posts: 2,660
Registered: ‎04-25-2011
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Re: Purpose of deletions


jerrod76 wrote:

I was wondering if anyone had any insight about the purpose of deleting an account during a lawsuit.  I am suing mcm for many, many violations.   Im in the discovery phase right now.   I noticed that mcm has deleted the account from the cras that ive disputed 12 times as fraudulent.   Does this allow them to escape liability under the fcra since its non strict liability?   Or are they just doing this as an attempt to reduce any potential damages?   What do yall think?


If the violations  happened, they happened. Removing now doesn't change that.

 

What they are doing is hoping that you end result intention was the deletion, and that by deleting it you will call off the dogs.

 

But removing it from your report doesn't change any violations that previously happened.

 

If your case is solid, and they committed the violations you are suing them for, I would keep going. 

 

-scott

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Valued Member
Posts: 34
Registered: ‎06-25-2012
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Re: Purpose of deletions

Scott,  the funny thing is.  They offered to delete when i had it in small claims court. In exchange for dropping my case.  I told them no way.  Then on the last day before i could get a default judgement against them in small claims the literal 30th day,  i got notified they were removing it to federal court.   What im betting discovery will show, is the same thing midland got hammered for in Texas last year. Not just robo signing.  Though i ll laugh till the cows come home if they try to present one of those affidavits in court.  But they were also cited for lacking any paperwork on the debts they were trying to collect on.   THey had no legal basis for collection,  and did anyway.  I believe that this is their national strategy.  The emperor has nooooooooo clothes.:smileyhappy:

 

Senior Contributor
Posts: 3,889
Registered: ‎05-24-2011
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Re: Purpose of deletions

Congratulations to you!  Please let us know how it all turns out. 

 

I sent an ITS letter to a CA that was reporting 12 different collections on my reports and DH's after fighting with them over a year.  Once they got that, they responded immediately with a legal document we had to get notarized saying for removal, we will have no further claim against them.  They had DH's bills on me, and mine on DH's, etc etc - medical that we weren't responsible for (for eachother's).......

 

I didn't want the hassle of small claims, didn't want to pay the filing fees, so I feel i won in this case.

 

GOOD LUCK!!!!!!!!

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Posts: 19,524
Registered: ‎03-19-2007
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Re: Purpose of deletions

Deleting from your credit file removes any issue of a dispute under the FCRA for inaccuracy in their reported information, as you cant dispute the accuracy of something that is not there.

 

However, you are not pursuing the matter via the FCRA dispute process, you are filing a civil action.  That action, I assume, involves not only the issue of their reporting, but also whether it was knowingly inaccurate when reported, and caused you damages.  Deletion wont remove those prior impacts.

 

It will apparently depend upon what you are asserting as a violation, and the damages incurred.  It's no longer a simple FCRA dispute process.

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