On October 29th I sent documentation to a creditor that a trade line they were reporting was entirely innacurate and should be deleted, they responded on November 7th agreeing the debt was invalid and agreeing to delete the item. I have called to remind them/check status on this several times, but it is still there as of this morning. I have not yet disputed this item with the CRA. The question is simply, if I were to sue them, would I have a case as of now? I know I can dispute via Equifax and eventually have it removed. However, I have had two collection agencies verify inaccurate information through disputes with the CRAs, sometimes more than once, and they only stopped doing so after I sent them a nice letter threatening to sue the crap out of them. So, this time, instead of possibly wasting months in the dispute process I want to accelerate things and go ahead and threaten to sue them, or possibly actually just go ahead and sue them. Any reason I shouldn't do this? -- cnswift TU: 581 - EXP: 624 - EFX: 619
My paper trail consists of the following: My letter, dated October 29th, requesting immediate deletion of the account. I included documenation showing the account, which they bought as a charge off in October 2000, had actually been paid off in excess of 4 years and indeed was never charged off in the first place. Their letter, dated the 7th of November, agreeing the account was indeed paid in full 4 years before they "purchased" it, thus meaning their new trade line was invalid, and agreeing to delete the account from my credit report. -- swift
did you agree on a timelimit, for them submitting to the CRA? do you want to sue or just clean your report. I had a similair situation and I just sent over to the cra a copy of the letter from the ca and it was removed.
Well, they said "immediately" in their letter. But, subsequently on the phone, they told me "immediately" meant 30 days. Which has, obviously, come and gone. Deletion is what I'm after, especially since I can honestly say this account is 100% inaccurate. However, I've had Experian verify a trade line even when I had already sent them a copy of a deletion letter--in that case the CA told them they had no knowledge of such a letter, so Experian ignored it. It took 6 months to get that account removed, and only then when I finally said the words, "You are so getting sued." Another time, the Texas Attorney General had to call the CA for me to get them to stop verifying. I used to be nice, and give them the benefit of the doubt, and make friendly little reminder calls. Well, screw that. These collection agency's are ridiculously mean to me, and I don't wanna be nice to 'em anymore. I just wanna make sure I'm not jumping the gun on opening the proverbial can. -- cnswift
They are continuing to report what they freely admit is invalid information, and that certainly violates the Fair Credit Reporting Act. You could sue them, however you might send them a slightly modified nutcase letter instead (unless your motivation is in fact a lawsuit for cash). If your major concern is lighting a fire under their butts so that they are motivated to delete the tradeline, then search the board for "nutcase letter" and have a look. Have the letter notarized (to achieve that stylish "official" look, lol), and send it via certified mail with return-receipt requested. They'll probably drop that tradeline faster than you can say hot potato. Doc
Cash is always nice, but it's the lighting the fire part that I'm most concerned about. I just don't want to threaten to sue, and then later realize I wasn't on firm enough legal ground to follow through with it. Thanks for the info, Doc and Uniondiva. -- cnswift
They told me to sue them if I was so sure they were in violation. They claim they have notified Equifax 4 times since November 7th to delete the account. Equifax says they haven't notified them of anything. Now I've actually gotta sue them. Anyone know a good resource for this sort of thing, or should I just hire a lawyer? -- cnswift
