I am writing a complaint about Equifax to my state AG. I disputed an account with equifax ONCE on 10/14/03 as "account not mine." The account was verified. I then disputed the account again on 11/24. They ignored my dispute and never started one. I then wrote them a letter on 1/10/04 telling them to delete because their 30 days were up. On 2/4/04!!!!, they replied and stated that the 11/24 investigation was not conducted because: This creditor has verified your name, current address, social security number and several times that the item is Reporting correctly. The dispute received on 11/24/03 was a duplicate of the 10/14/03 dispute which was completed 11/7. No new relevant or sufficient information was provided to start another dispute. If you have doucments that release you from this obligation, please forward a copy to us. First, according to FCRA Section 611(3), they had to notify me within 5 days that the dispute was frivilous. They notified me over 1 month later. Second, how did the creditor verify several times when they admit the item was only investigated once? Third, if no new relevant information was provided, what do they call the letter I included with my dispute to the CRA from the CA stating they had no records to show the account was mine? Four, what magical document am I suppose to possess to prove this account is NOT mine? How the hell can I prove that I DON'T own something. I am glad our courts don't work like that. The plantiff is suing for $10,000 for a debt without any records whatsoever. Defendant, show that you don't owe the $10,000 or you lose? Anyway, I wanted to state in my complaint something like: Due to the fact that Equifax derives a significant amount of their profits from collection agencies that pay them for the right to report to Equifax, they do not necessarily side with what is right and legal but rather the side that keeps them in business. Does this sound accurate? They piss me off sometimes when they so blantantly break the law.
I wouldn't go into anything EXCEPT for the bare facts of the investigation. CRA was in possession with letter from CA which they admitted having no documentation for this account being mine. CRA refused to delete, and refused to send a determination that the investigation was discarded because they had determined that the dispute was frivelous, as required by the FCRA that they do so within 5 days of the date of receipt of the dispute. You want to keep it simple... Think of the complaint to the AGs office as getting another opportunity to build up your papertrail.
I need to learn more from you I have a lot of trouble keeping things simple. After writing the original post, I went back through and deleted all references to the money thing. You are right because, if the complaint is too long, nobody will read anything. I get a little carried away in explaining every violation of the law and why it is a violation of the law etc. I just sent Equifax a new letter that shows why their "statement" was completely incorrect and I notified them that, now that they have knowledge that what they are reporting is inaccurate, I will hold them accountable as in HENSON v. CSC. The truth of the matter is....I think they lost my November dispute. Then, when I sent them another letter in January referencing the November dispute, they claimed it was frivilious (in order to get around the fact that they did not investigate).
I requested validation way back in August of 2003. I then disputed through Equifax. They verified but changed everything to $0 and n/a. I then tried disputing against through Equifax and they refused (leading me to write this post). They may have just deleted after the second dispute (many do) but Equifax won't allow it. The CA actually added the Equifax tradeline during the validation period and then verified the tradeline during the validation period. I filed complaints with my state AG and enforcement board. If they don't delete, I will be suing the CA and Equifax.
1*If you have doucments that release you from this obligation, please forward a copy to us. SUNHAWK ><- <>- ><- <> 1*They are the one who has to prove you owe it . You don't have to prove you don't so don't send them anything. Where do you get documents for a debt that you never had?? http://immediamail.net/ct?id=22215&urlid=16303&lid=18&nlid=15&sid=1540&cid=617&oop=p ><- <>- ><- <>
Oh, there is nothing wrong with a lack of brevity, and a wealth of verbosity... As long as it stays germaine to the actual dispute... Especially in cases like this where they are welcoming an avalanche of documentation which release you from this obligation... If you have dozens of pages of paperwork to pile on their desk which is germaine to the actual dispute let them have it But you don't want to distract from the issue at hand, by going into other areas... You want to show that you've provided more than enough that a reasonable investigation would conclude that the tradeline was invalid...
