Come to think of it there were inquries from Senex on in 3/07 and 4/07. I had no clue that it was a CA. I did opt-out but, I think this really only works to stop one from getting credit offers. I think I will go back and re: check my reports to see just who is looking in to my CR. This is a set back but, I am willing to adjust my time table for this one. The neg TL has now hit my TU report. EQ is the only one not reporting yet. However, I did not find any pulls from Senex on this one.
If this is not your debt, then "adjusting your timetable" is damages due to erroneous reporting. You need to adjust their timetable instead. Contact an attorney with experience in FDCPA and FCRA law. If Senex "verifyed" in response to your dispute thru the CRA, then they are liable for their erroneous reporting. In addition, both FDCPA and FCRA allow for the court to award attorney's fees on top of statutory or actual damages. Zero tolerance. Make them pay, and make them pay for paying. You might try: www.naca.net
Thanks Ontrack, Senex has not yet verified or validated. I am waiting for the reply from both the CA and CRA. What I ment was I will wait the 30 days for the TL to be off of my reports. Is 30 days too long to give them in this case? My plan is, if they verify without validation I will then contact an attorney. Thanks for the naca website infomation.
I would give them a little longer than 30 days. 30 days (dispute period)+5 days (finish results period)+5 days (receipt period); so the bare minimum of a wait is 40 days. It's better to allow longer than that as well.
Under FCRA, the CRA must respond to your dispute within 30 days, or within 45 days in the case of a consumer dispute based on a free annual credit report. If the DF does not respond back to the CRA within that timeframe, then the CRA is obligated to remove, and should notify you that they are doing so. Until the DF has been provided with your dispute thru the CRA, they may have no liability. If the DF does respond to the CRA, but verifies erroneously reported information, then you go after the DF.
As Jam suggested, if you might have to sue, you want to hook them, and then set the hook before you reel them in. Once you sue, and start paying the costs to do so, you don't want them to get away without paying, claiming things crossed in the mail.
Update Thanks everyone for the great advice re: the account with Senex! The TL is now gone! I was able to close on my NEW HOME TODAY!!!!!! I got a conventional 40 year fixed loan at 6% and no money down! So to all of you in the thick of it with credit repair keep in mind that it can be done!! Thanks again C-net!!!!! Msbigbones
