So I disputed a public record that is not my husband's with Experian. Just got the results of that last night. Experian says the Court verified it as my husbands. That cannot be I thought since it truly isn't his. I called the Court this morning and was told that they only told Experian that it was a paid judgement, but that no one looked at the actual record. Is this really all the CRA does? Experian told me that the fact that the Court said it was paid, and didn't tell the CRA to remove it, is validation that it is my husbands. I really don't get this and I am really getting very pissed off about it. I do have public records but they are all really old and will be off by next year. I'v done everything to make sure I never get another one and here we are, with a new one. What to do? Who to sue? jane
they actually have paid employees that will go to courthouses and pull public records, if you further dispute it, They originally try to get away by calling, but only verify name and address and attempt to match that to your consumer file. example: say their is a SR and JR in the same family they have been known to mix the file, also same town but different family with similar name again possible mistake. I would go to the court house and get a copy of the file its public record the case # should be listed on your CR. give a copy of that to the CRA if they claim it is accurate and won't reinvestigate it, mention that it doesn't belongs to you and explain they have the wrong party. this should help get it deleted.
When dealing with a data furnisher, all that is required is that someone is capable of hitting the Y button on the keyboard of their magical typing machine to verify. Look at Johnson v. MBNA if you want proof that that is all they do, at the most they try to bring up their snapshot of the alleged account before they hit the Y key, but that's even generous, according to the data furnishers. With Public Records, they're equally as cavelier, the people who they have scout the courthouses usually aren't actual employees, but free agents who are assigned to do local research for them. The CRA probably just asked that the free agent check whether "case # XX-XXXXX in XXXXXX county courthouse was for the name of XXXXXXXX XXXXXXX." They call back saying, "well gulley, yep, case # XX-XXXXX in XXXXXX county courthouse was for the name of XXXXXXXX XXXXXXX." Heck, in J v. MBNA, MBNA didn't even stop to think why if it was in fact 'her account', why they wouldn't have two pieces of critical information which they would most certainly have if it was in fact 'her account', her SSN & DOB. Try filling out a CC app without putting those on the form once, it'll be sent back so fast your head will spin. The CRA's will do the minimal amount of work possible. With EX however, they probably will not re-check the tradeline without you forcing the issue. If you can get the actual file, and PROVE that it is not yours, you may be able to force the issue enough. But they will probably at least try to Previously Investigated the dispute anyway. You may have luck, however if you escalate the dispute. Go to the BBB web site, www.bbb.org and search for Experian, you want the address in CA (from those who have had to sue them, that is their true home office). Don't file a complaint against them, yet... Think of this as your chance to get a 2 for 1 sale (2 dispute chances, with 1 letter - if they refuse to investigate, or verify even with the documentation, then you file a complaint that they refused to investigate even when provided concrete proof that the entry was not yours.) You just want to use the contact address, and A DIRECT CONTACT NAME to ATTN: it to. Then you can begin the dispute with, "When I sent to your contact at the company, Contact Name, proof that this alleged judgement is not mine."
Try this in reverse once, send a dispute with only your name & address demanding an investigation of an account, TU & EQ both are actually capable of doing it, EX however will send a "We can't pull up your credit file with the information that you provided". If they can't pull up the report by name & address when you do a dispute, how can they miraculously be able to do the same thing when trying to cross-reference public records.
Hi again, Here's my problem w/ this whole public judgement. My husband works for a property mgmt company whose home office is in another state than ours. They have property in my state though as well as other states. My husband is the on-site property manager for our bldg and he evicted a tenant a couple years ago. This tenant turned around and sued the company for the return of her security deposit. She sued for $5,000, she got $250.00. When the papers were served on the company, they served them on my husband since he's the only agent onsite. We didn't even find out this was on his CR until recently when we tried to buy a new car, our first new car in 10 years. Here's what the actual Judgement and Notice of Entry of Judgement says: Plaintiff: Defendant: The Bitch from Hell. Husband's company C/O Husband Then the actual Judgement says: Judgement was entered as stated below on such and such date. Defendant: Husband's company C/O my state initials. It's care of my state's initials since it was the bldg in my state that she lived in and sued as a result. All my husband did was accept service of the lawsuit as he had to. I do not understand how anyone can look at this paper and see that simply by accepting delivery which says C/O my husband that makes this his judgement. I'v called and spoken to the Court several times and the Supervisor who I spoke to on Tuesday was supposed to call me or hubby on Thursday but she didn't. I called yesterday and spoke to one of Supervisor's subornate's and she said she will leave mess for the Sup to call back. I waited all day, no call back. My blood pressure is reaching the boiling point here. Help. Thank you all so much, Jane.
Hi, We are going to pay a visit on Monday to the Court and have a look at the physical file ourselves. Maybe I can get the attention of the Supervisor that way. The "JUDGEMENT AND NOTICE OF ENTRY OF JUDGEMENT" lists the Company my husband works for as the defendant C/O the State I'm in. Above that, in the section that lists the plaintiff and her address it lists the Company as the defendant C/O my husband. The only place my husband's name shows up on this Judgement is in the C/O area. You know, you send a letter to your Aunt in the nursing home in her name C/O the nursing home. Doesn't mean the letter can be opened by the nursing home. I can feel my blood pressure rising again. Help. Jane
It lists the Company as the defendant Jane =================== What address does it show for the Company? Is it the same as your home address? Is your husband an owner partner or principal of the company or in any other way have an interest in the company?
Re: Re: How do CRA verify? **************************************** Excellent Point there I like your thinking ex seems to ALways have an excuse for just about every issue. they claim they collect data but my arguement was they didnt verify it so thus they failed to maintain adequate procedures to ensure maximum possible accuracy. a lawsuit waiting to happen, IMO (and of course they "claim to of verified it" but if the consumer says it was a "mixed file" not theirs I have found that this prompted EX to initate a re-investigation which resulted in a deletion.
POSTSCRIPT: So today we finally heard back from the Supervisor at the Court that houses this judgement that doesn't belong to my husband. It belongs to his Company. He only accepted service of the papers. How that equates to it being his judgement I don't know, but I knew it wasn't his so I was getting really pissed at the fact that it was sitting there on his report and contributing to my not getting a new car and the fact that I couldn't seem to get the Court Supervisor to take this seriously and call back. And Experian claimed that it had been "verified". But today, she finally did and is sending us a paper with the official court seal/stamp attesting to the truth of this matter. The truth being that it is being reported in error and to delete it from all credit reports. The Court says it is NOT my husband's judgement. We should be getting this in about 2 days so I'm expecting to have it off all reports within 14 days. I still have much, much more to tackle but every little deletion helps. And I'm hoping getting this judgement off helps more than just a few little points. Thanks alot for all your help, Jane
Re: Re: How do CRA verify? Be expecting EX to say that they can not except the documentation that you are providing (regardless of whether the court is providing it). Do I sound cynical?
Re: Re: Re: How do CRA verify? No, truthful. And today I got that letter from the court and all it is is a copy of the judgement (which I already had) and the stamp of the court. Silly me, I really thought this was over. Jane
Re: Re: Re: How do CRA verify? Just what I was afraid of... And of course, if you provide the judgement to them, they'll say that the only person who really would have the judgement would be the person whose judgement it is.
Re: Re: Re: Re: How do CRA verify? And what crap that would be. I'v got the envelope and letter with the supervisors sig and the court stamp. And I am not afraid to sue anyone and everyone connected with this, including whomever "validated or verified" it with the CRB to begin with. I will be damned if I am going to suffer with this on H credit for the next 5 years. It's bad enough it's been there 18 months already and we had no idea. Thanks, Jane
Re: Re: Re: Re: How do CRA verify? jane have you pulled the file with that case # in which the judgment relates to.? there may be documents in the file that describe the party in question. does the document have your name & address or someone elses? was it filed in the proper court of district ? have you seen the proof of service there may be a description of the person they served. was this judgment obtained by default? there are other ways to view your situation you just need to find out as much info as you can first before proceeding.
Re: Re: Re: Re: Re: How do CRA veri If what you have are certified court docs, What I would do is, send them, and a letter explaining - like you were explaining to a 7 year old - and include in your explanation, what you intend to do if they do not correct their error by removing that entry from his credit report. Then, if they don't, figure out how much money this is costing you, and go see a lawyer, or file pro se. They can't ignore certified court docs.
