Okay, tell me what y'all think. The State of xxx has faxed in a request for deletion on 03/26/2002 for tradeline xxx. I have repeatedly sent Equifax copies of the original deletion request to them through both fax and certified letter since they state they never received it. Equifax refuses to acknowledge this documentation I received from the original creditor clearly breaking an order the FTC put forth stating "Specifically, when a consumer provides Equifax with documentation confirming the consumer's version of a dispute, Equifax is required to accept that version unless it has reason to doubt the authenticity of the document." Copies available on request. You know, I just want to put it in because I hate Equifax so much now and it would be great to make them post it.
I think that NO ONE should submit a 100 word statement. I think that this makes it nearly impossible to delete the item later thru verification b/c they can use the statement to acknowledge that the debt was yours. ONLY as a last resort should this be used. My mortgage broker simply used my written statement to them to dispute the debt.
Re: 100 word statement - please rev I agree with Roni. Your use of the phrase "original creditor" confirms that this debt was yours. As far as Equifax is concerned, that's enough for them and is enough to prevent ultimate deletion. Basically you're just pointing the finger at Equifax and saying "they did me wrong and broke the law regarding MY DEBT." Conversely, in the past I have suggested this as a tactic only for encouraging the CRA to delete the tradeline rather than include an incriminating statement: "Equifax freely admits violating Federal law by allowing this erroneous notation to remain on my report. Furthermore, Equifax admits civil liability in this case and will remit $1000 per FCRA violation to this consumer upon demand unless this tradeline is removed within 60 days." You'll notice that nothing in this example acknowledges that there ever was a debt at all. You'll also notice that the speaker's voice in this statement belongs to Equifax, not the debtor, i.e., "Equifax freely admits..." and "Equifax will remit $1000," etc. The law says they have to publish what you give them. Please note that this is all theory on my part and is not grounded at all in anyone's experience whatsoever. There are no testimonials available, obviously, so if you try this you'll be a pioneer. Any other statement which assumes the voice of the debtor and acknowledges the debt in any way whatsoever is useless and potentially harmful. Doc
Re: 100 word statement - please rev You guys are missing the point. The State has faxed them a form requesting them to DELETE the account. I have a copy of the form they sent to me. Equifax is refusing to acknowledge the FAXED UDF from the STATE. It has nothing to do with acknowledging the debt or not. The original creditor is perfectly happy to delete the item. Now do you see why I want to put it in? Equifax is willfully placing information in my report that shouldn't be there, ACCORDING TO THE PERSON THEY ARE SUPPOSED TO BE VERIFYING IT THROUGH!
Re: 100 word statement - please rev No, I get your point. You're saying that Equifax is refusing to process a bonafide UDF form, and you want to make that into a 100 word statement on your report. Got it the first time. I think you are missing our points. Here they are: 1) Equifax doesn't care what you put in a 100-word statement as long as you don't speak FOR THEM in a voice that ADMITS A CRIME. They don't care if YOU say they committed a crime. That's your word, and they value that very little (unfortunately). However they value THEIR word, and they wouldn't care very much for a statement that speaks in THEIR voice. 2) Since Equifax OFTEN DISAGREES WITH CONSUMERS, they're used to having people who oppose their positions and say so. They don't mind if you do that in a 100-word statement on your report. No biggie. If you took that to court, it would have all the power of any other accusation that a consumer levels. On the other hand, if a statement appears on your report that basically says that THEY ADMIT WRONGDOING, then that statement might carry more weight in court. (And maybe not.) 3) 100 word statements are completely useless unless they can be used to encourage a CRA to remove a tradeline. Yours does not. They don't care if you put something there that says you disagree with what they did because they're lawbreakers and creeps. People put statements like that on their personal credit files all the time. 4) Potential creditors don't put much stock (or even read them, in most cases) in 100 word statements. 5) ANYTIME you use words like "original creditor" which CONFIRMS that the debt was yours, you abrogate any chance that the tradeline will be deleted later on the basis of "not mine" -- basically you are limiting its chances of removal by that rare well-meaning CRA clerk. Those are our points. Doc P.S. I agree with martig4. Say it in court. Or say it in a written preliminary pleading before actually filing. Or say it in an intent to sue letter. Any of those may be effective. Saying it in a 100 word message on your report, though, will accomplish zero and possibly limit your flexibility later.
Re: 100 word statement - please rev Okay okay I see what you are saying. Let me ask you guys this, have you ever heard of http://www.ftc.gov/opa/1995/9508/equifax2.htm and is it still "live" or has it been overruled in another court?
Re: 100 word statement - please rev That is live -- CRAs are obligated to report accurately. That decision will certainly be useful in any "intent to sue" letter you prepare! Doc
Re: 100 word statement - please rev Okay, that sounds good. I think it's wilful intent for them not to remove it. God what a pain though, I am so busy at work right now, this is like the last thing I need to do.
Re: 100 word statement - please rev How about this: "Equifax acknowledges receipt of a legitimate and legal order from the state government to remove this tradeline from this consumer's report, but, because this legitimate and legal order conflict's with Equifax corporate policy, Equifax chooses not to. In doing so,"Equifax freely admits violating Federal law by allowing this erroneous notation to remain on THIS CONSUMER'S report. Furthermore, Equifax admits civil liability in this case and will remit $1000 per FCRA violation to this consumer upon demand unless this tradeline is removed within 60 days." 85 words.
Re: 100 word statement - please rev I dunno, did you ask Greg first? ;o) (Sorry, I just couldn't resist. I am NOT getting involved in that dispute though...)
