need help with new evidence!

Discussion in 'Credit Talk' started by FatTony, Jul 17, 2002.

  1. FatTony

    FatTony Active Member

    I just got a dispute back from TU, they refuse to investigate saying its already been investigated and verified, but I have evidence of them reaging the account (changing the date of status, which signicantly changed my score) I have two problems: 1. I got the report that shows the old date of status from my own company ( I work as a mortgage broker) and I don't know if by using it in the dispute if I will cause bigger problems for myself, because I pulled my own credit ( I don't know for sure if I can pull my own credit). 2. Do I even have a case to sue them if they play hardball. They changed the Date Of Status not the purge date, so is that even a violation, I've read the FCRA a couple times and haven't seen anything about it.

    What do you think?
     
  2. uniondiva

    uniondiva Well-Known Member

    if you pulled a tu report and have a report number, doesn't matter ... they are not into asking you where you got report from.
     
  3. breeze

    breeze Well-Known Member

    TU does that. It doesn't change the purge date, but apparently the scoring model picks up the recent status date and treats it like a recent account. I found that out when I tried to correct duplicate reporting of paid tax liens. I know I won't get the tax liens removed, so I just leave it alone. There's no way to prove that the scoring is affected (nobody knows what affects it, right?) and they aren't really reaging it as far as FCRA goes. What can you do? I just decided to let time work on it, and it has been better than trying to fix it and having the status date change to a more recent date.

    Maybe someone else could make it work with a different situation, but I sent them the tax lien release papers, because I couldn't get them to change it to "released" - big mistake!! So they aren't paying any attention to what I say now.
     
  4. FatTony

    FatTony Active Member

    uniondiva and breeze,

    I really don't want to leave it alone this time, I honestly believe this is their way of punishing people for disputing. There has to be some way to nail them, I think it's going to take alittle more thought.


    Thanks for he help.
     
  5. creditman

    creditman Well-Known Member

    The only way would be to catch them violating some part of the FCRA and make them delete any negative accounts because of it. Will take a lawsuit though. Hard to threaten them.
     
  6. whyspers

    whyspers Well-Known Member

    I think it can be proved that this affects the score. It would take someone willing to take them to court and perhaps depose someone from Fair Isaacs. I know you can't ask them what makes up their scoring model, but they frequently answer questions about the effect something will have on a score.


    L
     
  7. FatTony

    FatTony Active Member

    Whyspers,

    okay now we're taliking. I really dont know the law, in general, that well, except what I've learned on creditnet. Could this be a class action lawsuit? I am willing to pursue this, I just need to be steered in the right direction and I'm going to need advice from anyone who has experience with lawsuits of this kind. Because aside from the the change in the date of status on the two different credit reports, there really isnt any evidence, just what I can get out of them on the stand. I'll need a solid definition of the "date of status" from someone at Experian, to establish the foundation for the lawsuit. Second I'll need to prove the affect that it has on the actual credit score (so many things have changed on my reports that I couldn't use my reports to clearly say that "the date of status was the only thing to change and look what it did to my scores". So I need to prove the change to the date of status has a negative affect. I will also need to prove willful noncompliance and negligent noncompliance.

    But I quess it really depends on the definition of "Date of Status", because if they say that it is the date in which the final status of the account Chargeoff, repo, etc) occurred then I can say that is inaccurate and then it becomes a case of just a plain old inaccurate credit report. Which is alot easier to prove.

    Anybody have anything that I missed? Am I on the right track here?


    I read a post about somelooking for anyone with a reaged account to join in on a class action suit I'll do a search and see if I can get more info.


    Thanks,

    FT
     

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