Ok, I have all 3 of of each our credit reports in hand, now what?

Discussion in 'Credit Talk' started by Fl2BoysMom, Apr 29, 2015.

  1. Fl2BoysMom

    Fl2BoysMom Well-Known Member

    First, none of these have my credit 'score' on them. Each of them wants me to call some 800# and 'pay' for my score. Is paying for it the only way to get my score?

    Second, what should I do next?

    I know some of you (mindcrime and jam) have advised me to post again once I had the actual credit reports in hand, and seeing as there are quite a few items on all of them (for both of us,) should I just start with one or two at a time, and work on them individually, or just post everything all at once?

    Thanks,
     
  2. jam237

    jam237 Well-Known Member

    1) Yes. By law, if you get a free credit report from the providers, either by FACT Act (Free Annual Credit Report), denial, assistance, fraud, or state requirement, you are only getting the base report, not the score.

    2) So, here is when you learn everything that you wanted to know about the jam237 method of aggressive consumer justice advocacy, but were afraid to ask.

    What I do when I get all of the reports, is go through each one with a fine tooth comb, looking at each and every tradeline to find the most minute of differences. If the amount is rounded up slightly on one report than it is on another, etc; if any of the dates is slightly different, etc. This gives me a list of 'errors' to challenge for the dispute, then I dispute every single 'error' that I've found on all of the reports (because if it's wrong on one, it's impossible to know which one it's wrong on, and which one it's right on).

    The way CRAs process your dispute letter, they'll pick one of the 'errors' at random to put into a code, the Data Furnisher will only get that code, which 99.44% of the time won't encapsulate all of the 'errors', so hopefully each CRA will send different codes, having the DF unable to see that you disputed all of the 'errors' on all of the reports, and they'll verify the data incorrectly on all CRAs. (Treat each of these verifications like they are a $1,000.00 bill, because they are.) :)

    Then, I send another dispute for any of the 'errors' which remain 'errored'... Most times, the CRA will send a frivelous "we've previously disputed that" letter. (Treat each of these verifications like they are a $1,000.00 bill, because they are.) :)

    Then I send another dispute for the same 'errors' which remain 'errored'... Citing Cushman v. Transunion as the reason why their initial dispute needs to be reverified (considering they only randomly picked one of the 'errors' to dispute, and not all of the 'errors' they should quickly acquiesce). (If you picked the right passages from Cushman, they're fairly easy to pick up on; they should at least resubmit a code, and probably a different random code to the DF for the DF to verify; and the DF will probably verify more new data and leave more 'errors' between all of the reports.) (You can probably guess the rest of this sentence... Treat each of these verifications like they are a $1,000.00 bill, because they are.)

    Then, I send another dispute (still citing Cushman) for any of the 'errors' which remain 'errored'... You may get a few times where they'll go through the verification process a few more times, before sending another frivelous "frivelous" letter... (Yes, again, treat each of these verifications, or frivelous letters, like they are a $1,000.00 bill, because they are.) Here's the kicker, repeat this step, over and over and over again until you get a frivelous letter from one of the CRAs.

    Then I send another dispute for the same 'errors' which remain 'errored'... Citing Cushman v. Transunion and Johnson v. MBNA's requirement that the verification of the 'errors' be a conclusive and not a cursory investigation. (With luck, you'll get the 'errors' reinvestigated, again. Yes, you'll want to treat those verifications like they are a $1,000.00 bill, because they are.)

    IF the DF hasn't gotten the hint by the next time you get a frivelous letter from the CRA, then I send an ITS, with a copy of the suit listing each of the CRAs as co-defendants.

    In the suit, I outline all of the 'errors' in the original tradelines, one against the others.

    I detail the facsimiles (or letters) that were sent to the CRAs which detailed all of the 'errors' in the tradelines.

    I detail the receipt of each round of verifications. 3 CRAs @ $1,000.00 each = $3,000.00 damages to ask for.

    Repeating the same for each round of the verification process.

    So, you can see that if after 1 round, you can get up to $3,000.00 in damages, if you are able to get 5 rounds of disputes, you can get up to $15,000.00; 7 rounds, $21,000.00...

    Hopefully the thought of having to cut you a check in that size, would be enough for them to have a change of heart.

    If they don't contact me within an adequate amount of time to offer a mea culpa... It's to the Federal Courthouse with the suit, and they'll get the hint when the U.S. Marshall gives them a copy of the suit, that I meant business, and now it's not just the bye bye, it's a nice sized check to cover the inconvenience of me having to make the stop at the Federal Courthouse.
     
  3. mindcrime

    mindcrime Well-Known Member

    jam certainly knows what he's doing :)



    1) No, there are other methods of getting a FICO, for free. Certain banks offer a monthly FICO (I just posted about this in another thread, DCU and Barclay are two that I have). There are others, Discover I believe does it with the "it' card, you may need to do a Google search. However as I said to the other posted, don't get too wrapped up in them. There's also the FAKO from Credit Karma which pulls from Equifax and Transunion these days. Again, this is a FAKO not a FICO, but it's a number if you really want to see one.

    2) Post 2 or 3 at a time.
     
  4. Fl2BoysMom

    Fl2BoysMom Well-Known Member

    Thanks to both of you. :)

    mindcrime, I'm going to start working on this on Monday morning.

    jam, so, I just make a list of every single error I can find and then mail the whole list off to each CRA? I don't dispute 1 item at a time? And I do this before contacting any CA or OC to negotiate, etc?
     
  5. jam237

    jam237 Well-Known Member

    For the CA's did you go through the validation process?

    If not, that would be my first step, although after the first 30 days, it gets murky. Some CA's have the position that they don't need to provide validation after the first 30 days. I hold that, by statute, the only thing that happens on the 31st day after receipt, is that they are ENTITLED to the presupposition that the account information is valid. They are also only ENTITLED to such presupposition until they are notified otherwise, by the receipt of a letter which demands validation.

    Considering that for the past several years, I've been really good at making CA's regret seeing my name within 24 hours of the first contact, I haven't needed to fight too hard to press that point.

    The reason that VALIDATION would be my first step (but you can fax a letter to the CA just before sending the disputes to the CRA), is because (again, by statute) if you demand VALIDATION within the first 30 days, they are required to cease collection activity, including CRA VERIFICATION.

    If they are smart, they will still cease collection activity, including CRA VERIFICATION after the 30 day window, for the following reason. Remember that after the 30 days, the only thing that happens is the PRESUPPOSITION that the data is accurate. *IF* they VERIFY the account with a CRA, and when they obtain VALIDATION from the OC, it shows even one piece of data was verified incorrectly, you now have them on both a FDCPA claim for reporting false credit information, and an ACTIONABLE FCRA violation for verifying incorrect credit information. If they verified with all three CRAs, they are on the hook for up to $4,000.00 in one fowl swoop.

    So back to the earlier question. :)

    There are a number of ways that you can do it, choose which one works best.

    You can send one letter which disputes all errors on all accounts (ok, but for me, not as good if litigation would be necessitated. Imagine including a dispute letter in the case file which includes 20 accounts that you disputed at the same time, some of which may have the same types of errors notated on them.)

    You can send one letter per account (but send multiple letters at the same time).

    This let's you dispute as many accounts as you can manage (as you note above though, if you need to take multiple accounts on to the level of depth that I do, at times - if you are working on multiple tradelines at the same time, you need to be a master of time-management.)
     
  6. Fl2BoysMom

    Fl2BoysMom Well-Known Member

    Thanks, Jam. I'm working on processing all of this in my brain now. I have all 3 of the credit reports and as soon as hubby and I finish up our major home projects, which include setting up an 'office,' I'll get 'organized' for finally following through on all of this.
     
  7. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Hey Fl2BoysMom- I'm curious if you ever proceeded with trying to clean up your credit reports? It looks like you received quite a bit of advice to get you started, so I'm sure both mindcrime and jam would love to hear an update. Did you make any progress over the past year? Hope to hear from you soon!
     
  8. credlyfe00

    credlyfe00 New Member

    Great Info! Thank You!
     
  9. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Welcome to Creditnet credlyfe00! Hope to see you around the forum often!
     
  10. kalou42

    kalou42 Member

    I think it is time I prepare a suit against the CB's myself. I've done 3 rounds of disputes, some things deleted others not (that should have been). I have added a car loan and a tiny credit card to improve my score. My score went up those 3 months following the new accounts, and now it seems they've gone down in the last few months despite the fact that NOTHING changed other than making my payments on my 2 new accounts. There is no logic to that whatsoever, and I'm real tired of them not deleting things they should be. I find their reports to be difficult to read - especially Equifax. It seems almost like they make it that way on purpose, and even leave out important information such as "date opened"... just so they can report it as long as they want, knowing 99.5% of the people won't even notice or remember that date. Honestly, I think the CB's have changed over those dates, and the "date of last activity" so many times I couldn't begin to know what is correct and what isn't for dates. I have saved CBR's from 2008, 2009, 2011, 2013, 2014, and 2015.... but it is still so confusing. There is a collection account for an old utility bill that I've disputed and they refuse to take it off. I just sent them all handwritten letters demanding a copy of the ACDV forms on all the trade lines because I know that is one way to prove they didn't verify ALL the facts. I'm so pissed about my scores having dropped for no reason... that alone makes me want to sue them! Those of you who do this all the time... would you assist me in this process? Any other recommendations?
    THANKS!
     
  11. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Hey Kalou- happy to try and help. I'm interested in first trying to help determine what's making your credit scores drop at this point. You mention that you recently got a new "tiny" credit card. What is your limit, and how much of your limit are you regularly using?
     
  12. kalou42

    kalou42 Member

    Hi JH! I got a secured credit card from my bank for just $300. I keep my balance below $30, paying it off each month. My new car loan is $13K, but it was what also helped my score jump shortly after getting it and since the CB's don't know our personal income I'd hate to think they were docking me points thinking I have too much debt. Student loans $48K but all in deferment. Other than that, I have a couple of medical collections and that old utility bill that is being reported by an "attorney" collection office --- all of which I have disputed since those companies have NO signed contract with me and likely bought the debt. Transunion took off all the medical ones but left the utility one, the other two have removed 1 or 2 but left all the others. I have disputed the older student loans 3 times that are still being reported because all of them were involved in the rehabilitation program and were bought up to date w/ the new company that bought them, so there are NO existing older accounts or history with the previous 'owners' of the debts and therefore those accounts CANNOT be validated. Since they cannot be validated, they cannot be reported. Yet they are refusing to remove them, and it appears like I have twice as many accounts. Each trade line has vague information due to changes so even though some say zero balance, or sold to another agency, there is a lot of info missing or incorrect, and the bottom line is they don't belong on there anymore anyway because those same balances are now with another company who is also reporting them. I just got a letter today from TU stating they "will not reinvestigate the same dispute again" --- this was a response to my handwritten letter demanding the ACDV form they used to supposedly investigate the first 2 or 3 times. There are so many holes in all this, I don't even know where to begin. I don't know how to catch them on every single tiny mistake of theirs... I want to sue them all but where do I begin? I've been studying this stuff on and off over the years, as well as other forms of law (for personal sake), yet this form of it overwhelms me because it's so detailed, and there are 3 agencies to deal with. I appreciate your help!
     
  13. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Hey Kalou!

    Well it's certainly not the secured credit card causing the drop in your credit scores then. The car loan should really only be helping at this point too, as long as you continue to make on-time payments. And since the student loans are in deferment, they have no effect on your credit scores right now.

    That leaves the medical/utility collections and the issues with the old rehabbed student loans. If you're really wanting to sue, jam237 is going to be your best resource here. Hopefully he will chime in soon.

    Here's a few thoughts I have on the rehabbed student loans. Rehabbing student loans should remove the default status from your credit reports, but that doesn't necessarily mean you should expect the old negative marks to be completely removed from your credit reports too. My understanding is that they can remain on your credit reports, even though a new company has the accounts now and you are current with them. When you were going through the student loan rehabs, did someone explain to you that the old accounts would be completely removed from your credit reports once the rehabs were done?
     
  14. kalou42

    kalou42 Member

    Hi! Yes, I hope jam237 does chime in. Someone on here, I thought it was you, pointed out that they look for every single little mistake and do one lawsuit at a time for each. If that is Jam, then I will seek out his help too. About the rehab process... I went through the entire thing believing (from what they told me) that the old loans would be wiped out and renewed through the process, and I advised them right from the beginning that I was stepping up to do it so that I could clean up my credit. I guess I just assumed it meant they would vanish once the new company bought them and started reporting. I'm still confused as to how my scores have dropped again because all the medical/utility tradelines, and the old student loans were on there a few months ago while the scores were up. It's all rather confusing. I feel like they are dinging my score just because I've disputed 3 times since the beginning of the year. Have you never sued for this stuff before?
     
  15. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    I've dealt with a lot of creditors and helped many people here in the forums over the years, but I've never needed to actually sue a debt collector myself. @jam237 is your best resource for questions and guidance in that arena.

    Regarding the rehab process, unfortunately I think you were misled in a way. Yes, the old loans were "wiped out" and renewed through the process, which should have removed the default status from the loans (make sure you check for that). However, all the old late pays and everything leading up to the loan rehabs will remain on your credit reports. And as you've experienced, the process can even lead to the loan being reported multiple times. It's frustrating for sure.

    Now, regarding the medical/utility debts, are you 100% positive that nothing has changed or been updated on your credit reports? And how much of a FICO credit score drop have you experienced as of late?
     

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