Ok, so here goes...I posted a thread earlier about losing all my positives trades(This is BS...EQ, BS)...someone suggested that maybe my file split on EQ. After having had a conversation with Vicki Banks...who seemed very pleasant said she would find out what was going on and call me on Wednesday...it is Thursday and no call... My score has dropped over 120 points because of this and I am set to close a mortgage in Feb. They may pull credit again and with a score of 502 it could adversely affect my closing. I need help in what type of letter should go to EQ now...I will sue if I need to. I was told by a member that I should sue for: Damages- mortgage related Deceptive trade practices-being told not to use my unlimited membership unlimitedly. FCRA violation-Failure to maintain COMPLTETE and accurate report. Anyone have a sample letter to help me out or more suggestions? I need this rectified and will follow any means needed. Thank You in Advance!
Each entry on your report has to be complete and accurate. It does not follow that the CRA should list all your accounts. Saar
IMO, i dont see where the CRAs have the legal right to delete or add any information without the express permission of the person that reported the info.
That isn't what Saar said. He said you can't use that section of the FCRA as the basis for a complaint. Gib
I am getting alot of what I can't do, but what can I do? I did not think they were allowed to hold a split file on you...and if they do, what do I do to go about fixing the problem? Seems to me the agencies can do whatever they want if you allow them to, I am trying to find the answer to the problem...This could seriously affect my closing so I am just a little concerned about it.
No Pibb, it's not ok. They did the same thing to me. You need to follow a certain process though. Have you tried to get help from the OC's to re-report? ???
Butch, No I have not done that yet. there are 9 accounts that they deleted.Is tha my only route or just the first step? I am ticked because Mrs. banks tried to come off so helpful and then did not even call me back when she said she would. I know credit repair works, but so far with EQ, it has been a nightmare for me. Could you outline the steps for me if it would not take you too long? I would appreciate it, i would like to have some knowledge before I contact Mrs. Banks again.... Thanks
Okay, I'm confused here. Please, someone help this newbie out. What the heck is a split file? Sounds like something a fly-by-night credit repair company would do...NOT one of the law abiding, accurate as hell CRAs!
Maybe you could try e-mailing Ms. Holland again, explain to her you are in the process of closing and if the current report is pulled you will be turned down, tell her she already directed you to Ms Banks but Ms Banks has not called you back as promised. Explain to her that since the situation is so dire (closiing on the house) you cannot wait.
Ms. Banks hasn't called you!?!? Why don't you call her before going on a tear? Maybe she legitimately got swamped with something else, is out sick, is just one of those people that needs lots of pushing,... 0
I also emailed Ms. Holland regarding the disappearing tradelines. Four days later and no response so far L
could someone please point out who these law abiding accurate as hell CRAs are? I only know of EQ, EX, TU!
Thanks tnobles, I will do that tomorrow...I have been working like crazy and have not had the chance to "track" her down. So, I will try that route. But what I am wondering is do I have any legal leg to stand on with this???
I had an account show up right before closing on my home. It was a blantant re-insertion. Here is the letter I faxed directly to her office. I got results the very next day and in fact when I called them on the phone the next day they even knew exactly who I was and told me they deleted it immediately, I even got an updated credit report from them in the mail via fed-ex in 3 days!! EQUIFAX INFORMATIONS SERVICES CONSUMER AFFAIRS DEPARTMENT Re: CitiFinancial Commercial Credit Corp Acct #xxxxx Dear Ms. Robin Holland, After a recent review of a credit report #XXXXXX I obtained online via your website I noticed that account CitiFinancial Commercial Credit Corp #XXXXXXX*, a previously investigated item which was deleted on August 16th, 2002 has suddenly reappeared back on my credit file. As a courtesy I have included with this fax a copy of the results for this item dated August 16th, 2002 furnished to me by your company. Sometimes mistakes happen and I understand this. This fax is to alert you to this mistake and to notify you that I expect the above listed account to be deleted from my credit file within 72hrs. of this fax. Obviously your company is aware of the Fair Credit Reporting Act and the laws your company has a responsibility to adhere to. Per the FCRA: 611 Procedure in case of disputed inaccuracy [15 U.S.C. Ë? 1681i] (5)(B)(ii) (ii) Notice to consumer: If any information that has been deleted from a consumer file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing no later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. (iii) Additional information: As part of, or in addition to the notice under clause (ii), a consumer reporting agency shall provide written notification of the reinsertion no less than 5 business days after the reinsertion You have failed miserably in your duty to notify me of this re-insertion, as I have received NOTHING from you. Quite frankly your company has not adhered to the laws you are governed under and this re-insertion of incorrect information is having astounding effects on my credit score and the closing of our first home next month. (C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(I)). You have not implemented the required procedures for avoiding such mistakes. There is cause for substantial damage on my part. If you ignore this demand or fail to respond accordingly I will file suit in Federal District Court in the city of Allentown, Pennsylvania County of Lehigh, within 3 business days after contacting your company via phone of receipt of this fax, YOU HAVE 72 HOURS TO CURE! I shall seek specific, statutory and punitive damages in excess of $100,000 for your willful failure and negligent noncompliance of federal law, in demand of a jury trial. I hope that this doesnâ??t have to go this far but be advised I will do just as Iâ??ve described if this isnâ??t taken care of immediately. Should you wish to call me, please speak to my husband Tac, he can be reached at: (123)456-7890. Thanks in advance for your urgent attention to this matter, it is appreciated! Very Truly Yours, Tac Cc: (1)File (1)My Attorney, Esquire (1)Pennsylvanua Attorney Generalâ??s Office (1)Georgia Attorney Generalâ??s Office (1)Federal Trade Commission Worked wonders for me!!!
Hey Tac, Thanks for the letter but Iam not having trouble with re-insertion. it is the fact that they deleted all my positive tradelines. I am trying to find out what type of letter I can send them for that. I want things put back!!
