Argument w/CRA - EX

Discussion in 'Credit Talk' started by duke731, Mar 22, 2007.

  1. duke731

    duke731 Member

    I can't believe I just got off the phone with EX reg 7 inquiries on my report that I wanted deleted/or re-investigated as well as other bits of information that was inaccurate.

    I recently ordered a cr and expalined to the rep, that my name was spelled several different ways, my dob was incorrect and that their were 2 addresses listed that I never lived at. She corrected the mis-spellings, the addresses and the dob. When I asked her how something like this could have happened she said that sometimes when someone with a similar name or address applies for credit but does not include a ss #, they link it to someones information that is similar. I then moved to the inquiry section and mentioned I saw 7 pulls that I did not recognize. She said the first one was pulled using one of my former addresses. I then asked if it was a correct former or incorrect former. She didn't say but repeated that it was pulled using a former. When I asked to spk to her supv or the Fraud Dept, she refused saying the reps have to decide if fraud was involved before they forward any call and she did not believe fraud was the case. When I asked why since their were so many inaccuracies and that their were pulls that I did not recognize or authorize, she said that just because the consumer did not recognize information or that information does not match, it is not considered fraud. She also asked if I ever filed a police report. I replied no. Then she asked if I ever put an alert on my file. I replied yes. She said it only lasts 90 days then I have to renew. I explained I was unaware. I then asked again to spk to her Supv or the Fraud Dept. She said her supv was not avail and that she believed fraud was not involved. I expalined I lost one of my credit cards a month or two ago, had it cancelled and was issued a new one.
    My next move as to get her to re-investigate the pulls and notify me. She said that I have to contact the creditors that made the pulls because the FTC is strict about them doing anything. That's when I became livid and told her it was THEIR job to first re-investigate and let me know the findings. She gave me some push back but I again asked to spk to her Supv or the Fraud Dept. She refused saying her supv was not avail but would have her Supv call me back with 24-48 hours and that she did not believe fraud was involved. I can't believe this woman, Vickie, was so hard nosed. Any advice on how to handle or what to do next?
     
  2. ontrack

    ontrack Well-Known Member

    Her job is to get rid of your complaint as cheaply as possible. The CRAs apparently see nothing wrong with piling erroneous inquiries on the wrong consumer's reports, any more than creditors see anything wrong with pulling the wrong consumer's reports. They hide behind eachother.

    Send your complaint in writing, CRRR. If they fail to remove, proceed to file FTC and state AG complaints, and follow up with the creditors that are reporting.

    Based on the fact that a creditor DID pull your report when you DID NOT authorize it, you have sufficient reason to file a fraud alert. You could push from that to disclosure of the details of the transaction from the creditor or the CRA, under FACTA, as well as removal of all associated information, although that may require filing a police report, or an FTC fraud affidavit. You do not have to have the full details, or proof of theft, to file that report, and indeed how could you obtain them when no-one would cooperate with you until you do?
     
  3. duke731

    duke731 Member

    Ontrac,

    Thanks for the response. The funny thing is, when I asked her if they had the creditors phone number so I could call, she did not have it. She said the creditor did not provide it. She also kept saying that the information on the first pull was done using my former address but she would not say if it was the correct former. We never got to any of the others because we were stuck on the first one. I also sent letters to the guilty creditors. Should I handle the same way (FTC and state AG) if they don't respond or respond the way EX did?
     
  4. ontrack

    ontrack Well-Known Member

    File a complaint against Ex with your state AG. Maybe they can shake loose a decent reply, or just get them to remove. Since they have not been cooperative in delineating which information is tied to correct vs. erroneous information, throw it all on them.

    Indicate in your AG complaint that you have found a bunch of unauthorized credit inquiries along with erroneous addresses on your report, and that Ex has not been cooperative in resolving whether this is a mixed credit file from some other consumer, or id theft, they have not removed the disputed information, and they have not provided contact information on the parties they say pulled the reports, as required by FCRA.
     
  5. duke731

    duke731 Member

    Thanks for the advice Ontrack.

    PS. I called again and spoke to a different rep. I told her my problem. She basically told me the same thing but was a bit more specific. She said they only investigate trades. If that's the case, why would they correct my other info; dob, incorrect addresses and name mis-spellings. She had no response only to say that they do not investigate inqs. When I brought up FCRA 1681i (a)(1)(A) and read it back to her, she stated that only applies to actual trades, not inquiries. I'll just put it in writing. If they respond with the same BS; "contact the creditors", my next step will be small claims court and my state AG. To be continued.....
     
  6. ontrack

    ontrack Well-Known Member

    It is not a matter of investigating trades. They have a responsibility to keep your file information segregated from other consumers as a part of ensuring that the information they maintain is accurate. They know that since identity information is not always accurate, one of their clients could get you mixed up with someone else, and there might even be some joker using your SSN, which the CRAs will happily allow and take no responsibility for. The existence of multiple erroneous addresses, and multiple inquiries from companies you have never done business with indicates that your file is becoming corrupted with information associated with some other consumer.

    Since they generally do not disclose on credit reports which creditor is reporting which erroneous address, which would allow you to take up the matter with the creditor, only they are in a position to correct this type of problem, so that companies pulling your reports don't get part of that other consumer's data included in your report. They have removed that other consumer's addresses, but if they leave that other consumer's inquiries, they are still damaging your scores as seen by your creditors. In effect, your scores will be loaded with two people's inquiries.

    On top of filing a complaint against the CRA with your state AG, you may also want to go after the creditors directly, as the most direct path to getting the inquiries removed. The CRAs will apparently accept the creditor's requests for removal of inquiries made in error. Suing creditors you know you had no transactions with might produce a quick settlement including their cooperation in directing removal of the inquiry.
     
  7. duke731

    duke731 Member

    I agree and I basically made that argument to the first rep I spoke to. But it seems no matter who i speak to, they blow smoke which they are "trained" to do. That's why I realize that by talking to them, via the phone, is an exercise in futility. The pen will act as my sword and in the end I will let small claims court be the decider of their fate.
     
  8. ontrack

    ontrack Well-Known Member

    Don't just go down one path at a time. There is no benefit to you in patience, as extra inquiries hurt you financially, and erroneous identity information tends to attract other erroneous accounts that can also hurt you financially.

    Get your AG complaint sent in.

    Then start proceeding against the creditors in parallel, finding their contact information any way you can, and suing for FCRA violations if they fail to cooperate. Most of them will probably try to brush you off too, to which you add additional AG complaints which complete the picture of the extent to which the CRA has messed up.

    Both CRAs, and creditors, will probably assume at first contact that they made no errors (they never make errors), then that at least they are not liable for any errors they made. Along the way, you will probably be able to piece together a clearer picture of what type of error you are dealing with, so it will be more difficult to BS you.

    In addition, if you file suit, they can't just ignore you, and their choices are basically give you what you want if they see it is an error, or you start dealing directly with an identity mixup or theft if they think you were their customer and they have a bad debt. Once it becomes clear what sort of mixup it is, you know how to approach the CRA, and if it is id theft, you file your police report, and send copies of it to CRA and creditors, which gives you legal rights to force removal, even of inquiries. In that case, better to deal with it in the hands of the original creditor, than a year from now when erroneous collection accounts start appearing.

    You may find things start to get cleared up in a rush once the shit starts hitting the fan.
     
  9. duke731

    duke731 Member

    You're right. There's no time like the present.

    Thanks
     
  10. ontrack

    ontrack Well-Known Member

    AG complaints, like FTC complaints, may, or may not, result in a helpful response from your AG, but you won't know until you try.

    You might as well find out what you are paying your elected officials for, as it's worth knowing more than all the campaign junk mail you will get next election.

    By the way, with any party you are dealing with, if they agree to do anything, insist that they send you written confirmation. If a company says they will notify the CRA to remove something, insist on a letter confirming. That will save you many hours, keep things on track, and defeat blame shifting.
     
  11. duke731

    duke731 Member

    OK. I once had to contact Cap 1, several years ago, about getting a late pay deleted from my report that had not occured. I asked for something in writing to confirm. Funny thing about them was that the late pay was inserted AFTER I paid them off and closed the account. When it comes to them be carful what you put in your wallet. LOL
     
  12. ontrack

    ontrack Well-Known Member

    In paying off a card, pay it off, and wait for the statement confirming the $0 balance, which will also show the payment posting date, before closing the account, so you have documentation that the balance is really $0, and paid on time.

    With some creditors you will have to insist that they send $0 balance statements.
     
  13. duke731

    duke731 Member

    did that. the ironic thing is that when i called to get the payoff amount, I paid exactly what they told me to. A month later I saw I had a credit balance. Then about 2 months later, they sent me a check because they said I overpaid. wasn't much, about $5 or $6, but that was train fare in NY. Go figure.
     

Share This Page