Question:
I had a case against a car finance company three years ago,we settled the case in the first part of 1999,in the settlement agreement I agreed not to go after them anymore and they agreed to take the tractor back and not come after me for any balance left after the sale of said car. They also said they would record this to the credit reporting agency as settled and closed. In fact we both signed a confidential settlement agreement. So I thought everything was settled until the end of 1999 they sent me a registered letter telling me there was a balanced owed on the car. I too the letter to my lawyer he contacted them they said it was a mistake,so I thought everything was settled again. Then the first part of 2000 I sent for a copy of my credit report much to my surprise it was on my credit report stating I owe a large amount,so again I go back to my lawyer he contacts them again they say it was a mistake they will correct it. How manytimes do I have to keep letting them do this to me? I asked my lawyer and he said as long as they correct the mistakes there's not much I can do. How many mistakes are you allowed after you sign a confidential settlement agreement. Is there a lawyer that knows more about this then the one I have at this time. I'm beginning to think my lawyer is afraid to go up against them because they are a very large car finance company.

Answer:

You could probably obtain an injunction against them. Also the Fair Credit Reporting Act requires them to amend your credit report.

Answer:

Opie
This confidential settlement agreement with the release forms we both signed were filed with the court. How can a company break the agreement after everything has been signed and filed with the courts. c
Can I bring suit against them for this or do I have to keep being a nice guy and let them walk all over me. Are there any lawyers out there that handle cases like this and are not afraid of taken on large corporations. My lawyer is a great guy but I don't think he knows enough about caring to guide me on what to do as far as the law goes.

Answer:

First off I would be very cautious about you breaking the confidential nature of the agreement because then you are back to square one. They may be complying with the agreement by simply not seeking further money from you.
Opies suggestion for an injunction was an excellent one, if in fact this company is indeed the source of the information. The bad news is it may not be. You can proceed PRO SE (on your own behalf without an attorney) to obtain such an injunction without an attorney fairly simply. Well, nothing is really simple, but it isn't that difficult.
You have to ask yourself is this malice or just a product of todays multiple databases? They may have reported the issue to a database before the settlement was reached. The credit reporting company may be repeatedly accessing this database which has incorrect information. I suspect the company you dealt with may have sold their debts in bulk at a discount to a collection agency. Your debt might have been in the database. This third party, in turn, may have made a credit inquiry and introduced your indebtedness. You cannot make the assumption the company with which you had the confidential agreement is the one continually reporting your uncreditworthiness to the credit company.
It is so hard to identify a human being at a credit service, let alone go through voicemail or a phone computer system I can sympathize with you.
First off, all communications should be in writing and not by telephone. They should be send registered, return receipt requested rather than certified. They should be polite in nature and addresssed to a specific individual BY NAME in the company. The letter should request specifically what you want them to do (i.e.: notify xyz credit bank you are no longer in debt) and provide them with a reasonable period of time in which to do so (thirty days). At the end of thirty days, if the matter is not resolved again repeat the above, giving another thirty days.
There is no easy answer to this in an age of computers. Opie is on the money in stating they are required to correct false information.

Answer:

another possibility - forward a copy of the report and the agreement to the judge and ask contempt enforcement for them violating his order.
good luck !

Answer:

This was reported to the credit reporting agency ten months after this was all settled and filed with the court. Plus it was reported to the credit agency by them not a third party. They admitted they did report this,they say it was a mistake just like the first thing that happened. Thanks for all the info so far.