Author Topic: Breach?  (Read 1027 times)

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gowyo

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Breach?
« on: April 13, 2012 11:01:17 PM »
These fine folks I settled with are still reporting to the CRAs. The language of the settlement is "The parties have agreed to a settlement of which the amount, conditions, and terms of this Agreement shall be and shall remain confidential, except as to the lawyers for the parties and necessary business advisors.
All claims, cross-claims, or ancillary claims arising out of or relating in any way to the alleged matter in (case number) are jointly dismissed with prejudice by the parties."

Is them reporting to the CRAs a breach, FDCPA violation, and FCRA violation?
I am not a lawyer and most likely a crackpot.

cprems

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Re: Breach?
« Reply #1 on: April 13, 2012 11:06:55 PM »
Did you specifically address the credit reporting?

Have they updated the trade line since the settlement?

I would fire off a dispute to the CRA and see if it gets deleted. If they verify the account, I would then do a 623 dispute to the CA.

If they produce anything, then file suit on a breach of settlement. You would have a new cause of action against them.

Without giving too much info, can you post a generalization of the settlement wording.
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gowyo

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Re: Breach?
« Reply #2 on: April 14, 2012 12:40:48 AM »
Credit reporting was not specifically addressed in the stipulation for dismissal.

I disputed with one CRA and it came back updated. The status was updated to "paid,closed." Before I spent more of my allowance on CMRRR I wanted to make sure I wasn't tilting at windmills.

The only things I left out of my original post that are in the stipulation are that:

1. I deny any liability for the claims made in the litigation and it is a payment in compromise blah blah blah

and

2. Parties bear there own costs. 

So next steps are dispute with the other CRAs and if they verify as well, do a 623 dispute to the CA?
I am not a lawyer and most likely a crackpot.

cprems

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Re: Breach?
« Reply #3 on: April 14, 2012 01:51:46 PM »
What about in the settlement agreement?

Any wording that states they will not disclose information to a 3rd party?

You may be in a catch 22 position. Hopefully others can help out.


Credit reporting was not specifically addressed in the stipulation for dismissal.

I disputed with one CRA and it came back updated. The status was updated to "paid,closed." Before I spent more of my allowance on CMRRR I wanted to make sure I wasn't tilting at windmills.

The only things I left out of my original post that are in the stipulation are that:

1. I deny any liability for the claims made in the litigation and it is a payment in compromise blah blah blah

and

2. Parties bear there own costs. 

So next steps are dispute with the other CRAs and if they verify as well, do a 623 dispute to the CA?
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

gowyo

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Re: Breach?
« Reply #4 on: April 14, 2012 05:24:14 PM »
Sorry for being confusing. There is no settlement agreement. They wouldn't sign a settlement agreement. The compromise was this stipulation.

The stipulation states:
1. The parties have agreed to a settlement of which the amount, conditions, and terms of this Agreement shall be and shall remain confidential, except as to the lawyers for the parties and necessary business advisors.

2. All claims, cross-claims, or ancillary claims arising out of or relating in any way to the alleged matter in (case number) are jointly dismissed with prejudice by the parties.

etc etc

I am not a lawyer and most likely a crackpot.

cprems

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Re: Breach?
« Reply #5 on: April 14, 2012 07:08:32 PM »
You DID reach a settlement! Were the terms of the settlement written or oral?


Sorry for being confusing. There is no settlement agreement. They wouldn't sign a settlement agreement. The compromise was this stipulation.

The stipulation states:
1. The parties have agreed to a settlement of which the amount, conditions, and terms of this Agreement shall be and shall remain confidential, except as to the lawyers for the parties and necessary business advisors.

2. All claims, cross-claims, or ancillary claims arising out of or relating in any way to the alleged matter in (case number) are jointly dismissed with prejudice by the parties.

etc etc
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

gowyo

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Re: Breach?
« Reply #6 on: April 14, 2012 07:41:04 PM »
Well when you put it that way they were oral. We didn't discuss reporting to the CRAs.
I am not a lawyer and most likely a crackpot.

cprems

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Re: Breach?
« Reply #7 on: April 14, 2012 08:37:26 PM »
Are you dealing with a CA or OC?

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 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

gowyo

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Re: Breach?
« Reply #8 on: April 14, 2012 08:39:12 PM »
CA
I am not a lawyer and most likely a crackpot.

cprems

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Re: Breach?
« Reply #9 on: April 14, 2012 08:40:52 PM »
Was the alleged debt extinguished during the settlement?

Was it a mutual walkaway?


CA
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 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

gowyo

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Re: Breach?
« Reply #10 on: April 14, 2012 09:12:46 PM »
The alleged debt was extinguished during the settlement. I made a modest one time payment.
I am not a lawyer and most likely a crackpot.

cprems

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Re: Breach?
« Reply #11 on: April 14, 2012 09:38:35 PM »
Then I would demand deletion of the trade line from the CA.

There is no reason to report.

I would email the Attorney and state something like - Per the agreement, this alleged, disputed debt was extinguished upon our mutual agreement. I now demand that you hold up your end of the bargain and delete this account. It appears that you are violating our settlement agreement by reporting this to a 3rd party.

Immediately remove said trade line. Give them 10 days to remove.

Failing that, I would investigate all my legal remedies, including arbitration of this claim.


The alleged debt was extinguished during the settlement. I made a modest one time payment.
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

gowyo

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Re: Breach?
« Reply #12 on: April 15, 2012 12:24:00 AM »
Thanks cprems! I'd much rather send them a letter in the form of a summons and complaint!
 :sharked:
I am not a lawyer and most likely a crackpot.

 

credit