My letter to Experian - VERY Long

Comments please:

SCMomof5
123 Any Rd.
city, SC 29###


Experian
Attn: Kim Hughes, Specialist
Consumer Affairs Special Services
701 Experian Way
Allen, TX 75013

Date: 30 July 2002

Re: Ongoing Disputes with allegedly â??verifiedâ? information
(1) Transouth
(2) AAA Collectors
(3) Diversified International
(4) Credit Management Inc.
(5) Judgement and other public records.

Dear Ms. Hughes:

I spoke with Sherry (Team United) on 19 June 2002. I was upset that once again, Transouth allegedly verified their listing under acct 64214191633. As I pointed out the Sherry, it is IMPOSSIBLE to have the dates recorded. According to this listing, They have reported this debt for 2 years prior to opening the account. I was allegedly 30 days late 12 months before it was opened and on the month that the account was opened, I had the privilege of starting out in 60days past due status. (I think not!) In addition, they cite that this was in BK from 1/03/2000 to 10/31/2001 and your own records show that I was NOT in bankruptcy during those dates!

In October, 2001, Transouth (TS) and Arcadia merged. When I called TS on 6/19/02 this is what happened:
Called Greenville, SC office. They told me that since my account was not local, they couldnâ??t help meâ?¦ call 1-800-777-3584
Called 800-777-3584 and told to call 888-872-6768. Lynn answered, asked for my SSN and upon pulling up something on her computer, transferred me to â??the department that is handling your account.â?
Ms. Birch answered and began to discuss my account as if it was current. When she mentioned my insurance company, I told her that I wanted to discuss the alleged TRANSOUTH account, not my Arcadia account! She said there is NO RECORD of any other account. She told me to call the office in the location where I got the loan. I asked for the number in Ft. Worth TX and she told me â??that office no longer exists!â? She told me to call manager Richard Seely @ (919)735-1841.
Mr. Seely told me that I was not in their system. He also told me that he could not have the tradeline deleted and that they â??donâ??t report to credit bureaus.â? Dare I say that we know better.

Instead of DELETING the tradeline, your representative, Sherry, told me that she would forward this to the â??data validationâ? office. It was put back in dispute status. On July 23, it came back verified once again. After having a rude encounter with â??Vickiâ? over the tax lien, I called and requested verification from Paulette. There are no procedures specified AND I have called the original creditor who states that he canâ??t find any Transouth account for me in their system! (Vicious Circle!) I decided to see if I could find a reasonable person at Experian to discuss this matter with on 7/ 24. Vicki answered so I told her that I would call back to get a different CSR. I didnâ??t call back until the 30th. This time I spoke to Lilly. She was rude, interrupted me and when I asked her if I had finished speaking, she hung up on me. I called back. This time Craig answered. I told him that I wanted a manager to call me. He wanted to know â??Manager of what?â? I told him I had issues with Vicki and Lilly, the disputes that are impossible to verify yet are, and that I had Experian on no less than 4 violations of the FCRA and if I didnâ??t get to speak to a manager, I was filing suit.

He put me on hold. For 30 minutes, when the phone was disconnected suddenly.

It is more than obvious that Transouth/Arcadia cannot possibly verify this account, much less, the sequence of bogus data. Given the fact that you and your personnel can read, and are aware of your responsibilities under the FCRA; I must insist that this tradeline be immediately deleted. ANYONE looking at this tradeline can see that the data cannot possibly be accurate!

(part 2 next post)

 

AAA Collectors: I called their office on Academy Blvd in Colorado Springs. I was told that they no longer had the account and that it was sent to their lawyerâ??s office (845)678-7000. I called this number at which time I found their names to be Cabrera and Associates. They could not locate an account for me. I left name, number and address. I have never heard back from them. I sent a validation letter to AAA Collectors, certified mail return receipt. They have not responded. They have not validated the debt because they cannot validate it. They are not indicating this as a disputed debt either which is a violation.

I insist that since they cannot and will not validate this debt, you delete their accounts immediately.

Credit Management: I sent them a letter of dispute. They have not identified this as a disputed account with you. They have not adequately validated the debt. A statement that Charter says so, is insufficient to prove that this belongs to me or that the dates are accurate. Delete.

Diversified International: I sent them a letter of dispute. They have not identified this as a disputed account with you. They have not validated the debt. I have been in SC since 8-2000. This account has a listed date of 4-2001 as DOLA. Impossible. That was 8 months AFTER I began living in SC. John Porter is a Texas physician. I never met Dr. Porter. I never signed ANY document accepting responsibility or ANY document allowing the treatment of any member of this household. Their version of â??proofâ? was to provide a billing statement with NO signature. This is not adequate. Delete.

Attached is the communiqué I have received from FNBM. Please ensure that data stays correct.

With respect to the public records, I sent you in the original dispute letter the payment history of the Original Creditor. You claimed that since public records are public recordsâ?¦.. you refused to delete or change status. Please see the court's opinion on what you have stated:

CASELAW ON MAXIMUM ACCURACY

FAYE A. SCHOENDORF, Plaintiff and Appellant, v.
U.D. REGISTRY, INC., et al., Defendants and Respondents -- Calif Court of Appeals -- Complete case at http://www.cfac.org/Attachments/Sch...D_Registry.htm.

UD Reg is a CRA of sorts. They declined to update the plaintiff's report because they said it was correct as reported. Plaintiff sent supporting documentation (letters from neighbors disputing the events described in the report), copy of cancelled check showing the landlord had settled and paid HER. UD's defense was basically "this is all in the public record -- we're sorry she doesn't like the public record, but we're just reporting it as it appears."

The court said, "On appeal UDR contends that it was not required to make any changes in plaintiff' s report because the information she provided was not a matter of public record. We conclude that plaintiff made a sufficient showing that UDR should have modified her report even if the additional information was not contained in court files or similar sources. Accordingly, we reverse.

"UDR overlooks its broader obligations under the statutes as a credit reporting agency. Both [the] CCRAA and FCRA require 'maximum possible' accuracy. (Civ. Code, ÂË? 1785.14, subd. (b); 15 U.S.C. 1681e(b).) This means that a report violates the statutes when it is misleading or incomplete, even if it is technically accurate. . . . 'Congress did not limit the Act's mandate to reasonable procedures to assure only technical accuracy; to the contrary, the Act requires reasonable procedures to assure "maximum accuracy." The Act's self-stated purpose is "to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit . . . in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information." 15 U.S.C. 1681e(b). Certainly reports containing factually correct information that nonetheless mislead their readers are neither maximally accurate nor fair to the consumer who is the subject of the reports.'" (Cisneros v. U.D. Registry, Inc., supra, 39 Cal. App. 4th at pp. 579-580, italics added.)


However, the above has been made a moot point as of July 9, 2002 when the judge set aside the judgment. Now you must delete this.

Tax lien: Enclosed you will find a letter from the State of Colorado. This proves that I paid this lien on May 15, 1995. The FCRA states:
§ 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.

Note the government stated DATE OF PAYMENT not release. Should you fail to delete this item, it is a slam dunk on that violation.

I am requesting your verification process regarding both bankruptcies. According to the FCRA, you cannot report any public record that was not verified in the previous 30 days. You allegedly verified the Ch7 bankruptcy. How is it, then, that the identical data was unverifiable for my husband and it was deleted off his bureau? If you cannot verify his, you obviously cannot verify mine, as this was supposedly a JOINT bankruptcy!

In summary, you may consider this your notification of my intent to sue. The violations that have been committed by Experian to-date are:

(1) 607(b) Compliance Procedures. Accuracy of Report: Shall follow reasonable procedures to assure maximum accuracy. [I do believe that your CSRs can read and reading (and seeing the inaccuracy) is a reasonable procedure!]
(2) 610(c) Trained Personnel. [I have spoken to many CSRs who are rude, abusive and not knowledgeable enough about the FCRA.]
(3) 611(5) (A) (1) Disputed accuracy â?? Treatment of inaccurate or unverifiable information â?? In generalâ?¦. â?? DELETE. [Note: the law uses the word OR. Because you can see that the information IS inaccurate, you are obligated to delete.]
(4) 611(6)(B)(iii) Notice of result â?? Contents â?? a notice that, if requested by consumer [I requested it] a description of the procedure used to determine the accuracy â?¦ [Telling me to call the original creditor is not an adequate response to this law.]
(5) 611(c) Notification of consumer dispute in ALL subsequent reports. [Both YOU and the OC are obligated and both have violated this provision!]
(6) Reporting the tax lien more than 7 years after it was paid and refusing to use the proof provided and insisting that your policy is to use release date.
(7) 616 Willful Non-compliance [Need I say more]

This racks up a minimum of $7000 in violations. I am NOT an unreasonable woman. I am WELL educated and have an IQ superior to those CSRs combined and I resent being verbally abused and inferred as stupid. I want these items deleted. Period. If I have to take you to court to get this accomplished, you will be writing a sizable check on the way out.



Regards,


SCMomof5

 

Hey rblues, I have decided that if they can continually contact us and state it is not harrassment, it is time to return the favor. Send your complaint to:
-----

Jane Blume
<info@coloradosprings.bbb.org> To: 'SCmomof5' <myname@email.com>
Subject: AAA Collectors
07/30/02 02:21 PM

SCMomof5,

The Colorado Springs BBB is in receipt of your complaint regarding AAA
Collectors. It has been forwarded to our complaint department for
review/processing.

Our complaint procedure can take up to one month & we will be in
contact with you when we receive a response from the company.

Please direct any further inquiries to Josiane Owens
josianeo@coloradosprings.bbb.org. Thank you.

Jane Blume - information specialist
Colo Spgs BBB
www.coloradosprings.bbb.org
____________
They don't have a good rating so let's make it a little worse! LOL

I have an ace in the hole. Found a letter dated 18 months ago telling me that if I or my lawyer failed to contact them within 48 hours, I would be sued.

BIG MISTAKE! LOL

The BBB may not resolve the complaint, but we can make them feel something akin to what they do to us since they have to respond!

 

Ah, Butch, as long as you are not my ex-husband (named Butch as well) you could never pi$$ me off!

LOL

Thanks for the help on the link!