EXP hides old/deleted info!!!!

Discussion in 'Credit Talk' started by laurie33, Jun 13, 2002.

  1. laurie33

    laurie33 Well-Known Member

    Hubby and I applied for a mortgage. Today I got a call from mortgage co. saying there is an unpaid collection from NCO reporting on the tri-merge. I found out it is Experian reporting it BUT it doesn't show up on our current reports AND I have a copy of the old cover letter from Exp. in 2000 saying it was deleted. Those $%^&&*!!!! I'm so mad, I don't know how this is possible. Of course it can be straightened out with the info I have but still...... Another thing to add to my suit against them I guess.
     
  2. breeze

    breeze Well-Known Member

    I'll say!! That is awful!!
     
  3. GEORGE

    GEORGE Well-Known Member

    CAN YOU GIVE THEM YOUR REPORT???

    PRINT A NEW ONE TODAY???
     
  4. Mrei

    Mrei Well-Known Member

    I bought a trimerge too on line last week, and I found so many hard/soft inquiry from EQ that the actual EQ report dosnt showed.
    I strongly believe they ARE hiding somthing.
    mrei
     
  5. laurie33

    laurie33 Well-Known Member

    I've got several copies of our current reports. So I'm showing them those and the letter from Experian themselves that it was "deleted". This wasn't a case of it falling off after 7 years either (I've heard that when you apply for a mortgage the stuff older than 7 years can still show).

    I'm wondering what sort of violation this would be. They have until the end of business day tomorrow to contact me regarding my intent to sue so I will just add this in if I have to end up filing. I almost should file anyway because our lender is telling us if we can't clear this up they'll have to deny us. There's some big time actual damages, but we REALLY want a house more than a good lawsuit, LOL.
     
  6. Calmest_LA

    Calmest_LA Well-Known Member

    How do you know for a fact that it's Experian reporting? Who told you that. Could it be possible that the mortgage company is somehow affiliated with NCO or something weird like that. Perhpas they got it from somewhere else and are just telling you it's being reported by Experian. I know this sounds strange, but I find it very difficult to believe that Experian would show one thing to the mortgage company and another thing to you. That's too risky for them...I'm thinking they would have had a big class action lawsuit by now over something like this...if it were their standard way of doing business. I think you should contact them asap, preferably by phone, then a folow-up letter if need be. Good luck.

    Calmest_LA
     
  7. Kiyi

    Kiyi Well-Known Member

    Its true, they do Hide certain things that were deleted. I know of a friend that had that happen to them.
     
  8. laurie33

    laurie33 Well-Known Member


    The mortgage lender is the Dept. of Agriculture -Rural Development. They pull the tri-merge from Equifax Mortgage Service. I don't think either of those would be affiliated with NCO who was collecting for Chase.

    I called that EQ company today to find out what was up. She looked at our reports and told me it was EXP reporting it. I agree that's very risky for Exp, especially since I'm already to file on them anyway for twice verifying incorrect information that I have their own old reports to prove my case. I have the old report of this one too so I'm thinking I'll be asking for cash in addition to deletions because this is absolutely ridiculous.
     
  9. milkmom

    milkmom Well-Known Member

    It doesn't surprise me at all that they say one thing and do another. You would think that they would learn their lesson; that you monitor your reports and will find out what they are up to. I have a feeling they will cave. Good luck!
     
  10. darkdoj

    darkdoj Well-Known Member

    I have almost the samething going on with Equifax. I have proof that an item was deleted from my Equifax report. I had to call Tech support at the end of last month because my file was hashed (happens every few months when I try and get a fresh copy). Low and behold an account on my report (deleted sometime ago), reappears and said it was reported since Jan 02. Funny I have three or four reports from Equifax that don't even have the account listed. Time for me to step into action and you too! Get some money for the down payment on your house!!
     
  11. Quixote

    Quixote Well-Known Member

    I can't say I'm surprised. On March 1st, Experian merged my CR with someone else's. Suddenly I've got two ne unpaid collections, a judgement, anothersocial securitynumber, another wife, three new former addreses and two new former employers. My score fell 150 points instantly. I spotted it on Credit Expert on the 3rd. Sent out all the proper identifying info, a pretty darn threatening letter, and inside of two weeks it was all cleared up. Or so I thought. I'm getting ready to apply for my first mortgage so I want to make sure everything is just so. I just got a written copy of my EX CR in the mail today and those farging ice holes inserted a "personal statement" saying that the "previously listed public record judgement from the County of Riverside, Case #... has recently been deleted from this file." Yeah, like I want to advertise someone else's unpaid judgement on my CR. I couldn't believe it. I called them up this morning and yelled at them (I think of it as a verbal Nutcase Letter) and they assure me it will be removed within 72 hours. We'll see.
     
  12. lbrown59

    lbrown59 Well-Known Member

    I'll say!! That is awful!!
    Breeze

    Its true, they do Hide certain things that were deleted. I know of a friend that had that happen to them.
    Kiyi

    I have the old report of this one too so I'm thinking I'll be asking for cash in addition to deletions because this is absolutely ridiculous.
    laurie33

    I can't say I'm surprised. On March 1st, Experian merged my CR with someone else's. Suddenly I've got two new unpaid collections, a judgment, another social security number, another wife, three new former addresses and two new former employers. My score fell 150 points instantly. I spotted it on Credit Expert on the 3rd. Sent out all the proper identifying info, a pretty darn threatening letter, and inside of two weeks it was all cleared up. Or so I thought. I'm getting ready to apply for my first mortgage so I want to make sure everything is just so. I just got a written copy of my EX CR in the mail today and those farging ice holes inserted a "personal statement" saying that the "previously listed public record judgment from the County of Riverside, Case #... has recently been deleted from this file." Yeah, like I want to advertise someone else's unpaid judgment on my CR. I couldn't believe it. I called them up this morning and yelled at them (I think of it as a verbal Nutcase Letter) and they assure me it will be removed within 72 hours. We'll see.

    Quixote
    ===================================
    Folks you're saying what I say about them.
    OK Bashers here is a great opportunity to lay it on me for agreeing with these posters.
     
  13. Goaldriven

    Goaldriven Well-Known Member

    Sounds like lawsuit material. Anyone know if suits like these have been filed against the CRA?
     
  14. breeze

    breeze Well-Known Member

    Yes, several here on this board - but everyone settles for full deletion of negs. Can't blame them.
     
  15. WALLST

    WALLST Well-Known Member

    I am going through the samee situation now, Lender showed me a tri merge today and there are tradelines that I got deleted that are showing up in the tri merge. Anyone who has sued for this please post details or e-mail them to me. It would be gratly appreciated
     
  16. quasar27

    quasar27 Well-Known Member

    It is unfortunate, and unforgivable that they re-list incorrect information that has been hidden. Sue, sue, sue!!!

    They are require to maintain reasonable procedures to keep this from happening. I think I remember a recent case where a CA was doing something similar and ended up being sued by the FTC who sought $300,000 and an injunction to prevent the CA from being in business. That was from a tiny CA.

    Playing devils advocate:
    However, by keeping this old information "hidden", this is the only way they can accurately keep items that were once deleted by way of the "30 day" investigation, no response from OC clause in the FDCPA, from being re-inserted by the OC without certification.

    Think about it. If they completely deleted the information, how could they follow the FDCPA and "cloak" accounts that were reinserted automatically via tape or electronically. They have to have a database of deleted items to compare to the items being submitted for insertion by creditors in order to comply with law.

    My thought is that this database should be completely seperate from the main database to keep these type of things from happening. But also coming from an IT perspective, I can tell you that it becomes much more complex to do so when you have so many records.

    They obviously want to spend the least possible money on these systems. Perhaps a few class actions suits would convince them otherwise.
     
  17. cash1

    cash1 Well-Known Member

    Just because derogatory information is not displayed for most credit purposes after 7 years, it is my understanding that for employment purposes, loans over 150k and life insurance over 200k, your information is available forever.
     
  18. KHM

    KHM Well-Known Member

    Heres my question regarding the loan/life ins. part. What if you had a charge off say 9 years ago, it has fallen off, and THEN you go and apply for a loan??

    Chances are most people will buy a home in their life, chances are it will be over $150K, if the above statement is true why even have the 7 year limit?
     
  19. quasar27

    quasar27 Well-Known Member

    § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

    (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

    (1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

    (2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

    (3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

    (4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.(1)

    (5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1
    (b) Exempted cases. The provisions of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with

    (1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of $150,000 or more;

    (2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $150,000 or more; or

    (3) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal $75,000, or more.

    This only applies to derogs that fall off because of age, not due to other deletions.

    I am not sure how a creditor informs the CRA that their credit inquiry involves one of these circumstances. It is more likely that in most cases that they go completely off of your FICO and your current report to see if you have any unpaid liabilities. They probably never even see the extended info.

    It would be my thought that most lenders would be more concerned about someone attaching your property for an unpaid debt. That's why they always make you pay anything that is showing unpaid on you credit report before extrending you a mortgage.

    Also, since most SOL's for debt are no longer than 10 years (some judgements up to 20), those hidden entries are of little importance unless someone is trying to determine your level of morality for something like your bondability.

    It is highly unlikely that your credit habits from 7 years predated have anything to do with your current willingness or ability to pay. If it does, the creditor will see it in your current payment history.

    What I think is BS is that you should be able to see all these "hidden" entries. Perhaps I want to apply for insurance or a $300,000 loan. I think it would be important to know if there are inaccurate hidden entries prior to my application.
     
  20. lbrown59

    lbrown59 Well-Known Member

    Chances are most people will buy a home in their life, chances are it will be over $150K, if the above statement is true why even have the 7 year limit?

    KHM

    ==========================
    There is no reason .
    Also look at how many loans & Insurance polices aren't being written.
    The loss of business sales must be tremendous.
    The credit and scoring fleece has to be causing untold damage to the US economy!
    Not to mention the staggering job loss.
     

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