I couldn't pay for a car more than 10 years ago, so it had to be repossessed. Date of last activity on my EQ credit report is 3/2004. I filed a claim against the creditor for violations of the FCRA and they agreed in writing to remove any of their derogatory information from my credit report in a signed stipulation in front of the judge. They then filed suit against me for the deficiency balance, but the judge ruled against them. Ever since then, they have been particularly vindictive. Every once in a while, they populate my credit report with fake credit unions, fake addresses, and fake phone numbers. You'd be surprised at who would pick up the phone when calling the number listed on my credit report. I have even filed a police report in the past when I genuinely had no idea who it was that said I owed them money and when the address/phone number belonged to no one on the other end. Now the item has hit my credit report once again. The credit union has merged with another credit union and the merger is publically available. The new name has re-aged the tradeline asserting that the DOLA is now 9/2011. In the past, I have sent EQ copies of the OC's agreement to delete the item from my credit report and they have deleted it, but they keep reinserting the item every time the OC makes something up. The item is now obsolete, but even if I dispute as obsolete the OC doesn't care, they will keep reinserting it. Prepaid legal doesn't cover credit repair anymore and even though I am very capable I can't stand missing time from work to sue. I faxed EQ a notice of intent to sue since the OC will just keep reinserting. OC has been sued before obviously but just doesn't care. While waiting for EQ to respond, I figured that I'd post here for suggestions just in case EQ doesn't take my ITS seriously. Removing this item from my credit report timely is absolutely critical in my case. I used to be able to get Equifax to delete an item from my credit report just by talking loudly on the phone. Apparently they are not as easy any more? Thoughts? Thanks
The only thing would be to sue both the OC and Equifax for violating the FCRA. You would need to dispute the tradeline, have it be returned as verified. Since you can only get up to $1,000.00 per action, you would want to try escalating the dispute so that it gets reviewed more than once. You can't ITS until either EQ VERIFIES or if EQ deleted, and REINSERTED without providing notification.
Thanks, well EQ deleted and reinserted without providing notification. Can't EQ just claim that they thought it was new information since it is listed as a different creditor? I can see them playing that game! Also, does EQ ever settle in court? I'd like to sue then give them a settlement offer. Also, is there any easy way to get injunctive removal of this item? I have heard that I'd need to go to Circuit Court in my State but not sure. Want to keep it simple. It's not so much the money, it's permanent removal. I don't like to mess with OC. OC will populate my credit report for the next 50 years so long as whoever doesn't like me still works there.
Gone already...wow....thought I was going to have this garbage on there forever. Apparently freaked them out, an rightfully so! Thanks for the help.
