Good job JDog, As I believe the CRA's NEVER obtain this certification I think we're missing a very potent legal component. Let us know what happens.
Great letter Jdog... I may borrow some of your key phrases. Are you going to include your documentation with the letter, or are you just going to send it by itself CRRR?
I included the documentation along with it. My documentation consisted of a copy of a credit report from 2000 showing the Arrow account listed, a copy of my dispute results showing it deleted in November of 2000, a copy of a recent credit report showing that the account was not listed, and finally a copy of the Arrow listing from my credit file dated today. With that chain of events, how can Experian deny that the account was re-inserted, and without the 5 day notice as required by law, and without the certification as required by law. That is two violations of the FCRA, so I guess my claim will be $2000 plus court costs. What is the general opinion? Will my evidence be enough? Also, one question: In small claims you can only sue for money. The court can't force the credit bureau to delete a listing or amend a listing. How do we get around this problem? Or are we just assuming the CRA will try to settle and we make the deletion a requirement of settlement?
Butch, Actually, I thought that was the focus (improper reinsertion) of this conversation thus far...but I'm joining late...and am currently focused more on the proof I have that it should be removed.
Sounds like it's pretty good evidence to me. I'm including the following documentation: A copy of the way it was before (with the listing) A copy of a letter from experian stating that the results were pending. A copy of the dispute results showing deleted. A copy of the report without Arrow on it. A copy of the report with the listing reinserted. This is a lesson to all Newbies (and some not so newbies lol): KEEP ALL YOUR CREDIT REPORTS AND DOCUMENTATION! You never know when some crap like this might pop up.
I can't find the letter offhand but I remember that it said they were notifying the credit bureaus to delete the entry. It was very short. They actually deleted the entry but I guess that they think that I won't notice the reinsertion. I will post the entire letter when I find it. They really disgust me!
Sure, improper re-insertion. But everyone was talking about not getting the 5 day notice and forgetting all about the required certification. In other words, missing a great violation. I already know what the CRA's are going to say about their re-insertions and have been waiting for someone to bring it up.
This is what TU responded with in response to a letter requesting certification for a re-inserted bk: "Thank you for contacting TransUnion. Our goal is to maintain complete and accurate information on your credit report. We have provided the information below in response to your request. Re: Dispute Status Our records show that your creditor(s) previously verified as accurate the items that are listed below. therefore, under the Fair Credit Reporting Act, we consider this dispute frivolous and we will not reinvestigate the item(s) unless you can provide court papers or a recent, authentic letter from the creditor(s) that explains what information should be updated. If you disagree with the results of your dispute, you may add a consumer statement of 100 words or less to your credit report or you may contact the creditor directly. The names and adresses are listed below: (Name of courthouse inserted here) ...Butch?
I'm bumping this thread up... Lots of useful info in here for people who may not know what Arrow has been up to lately.
They are slime. My story: '97 acct with Mwards that I paid in full....but no doucmentation (shame on me) (amount $275) 1/2000 Arrow Financial shows up on my credit reports "assignee of Wards" They reaged account and raised the total due to $453!!!! 6/2002 I send formal validation request, C&D letter, formal dispute of alleged acct information as well as notifying them of FDCPA violations and my intent to pursue legal action if they could not validate--got all green cards back 7/23/2002 Arrow actually deleted the account information from all of my credit reports, although they never sent me anything in writing as I requested. Too good to be true..... 10/23/2002 Arrow RELISTS THE VERY SAME ACCOUNT on Experian and TU, raises the amount due now to $525 AND changed the date of collection to 7/1/2002. Interesting--they deleted in late July because they could NOT validate, however now they say that this VERY SAME ACCOUNT is a collection as of JULY FIRST??!! Not once, on any occasion, in any form have I EVER received any form of communication from Arrow financial...no dunning letters, no mini-miranda, no phone calls, no nothing. I'm trying to calm myself down before I go after those bottom feeding scum-suckers. Originally I wanted only the deletion and nothing more to do with them. Now, as a matter of principle I intend to make them pay. UGGGGGHHHHH! ?? Does anyone have any information on the possible class action suit pending in California against Arrow ?? I saw a New York given class action as of 11/2001--any news on this case People really need to know what kind of business parctices Arrow is up to. They will continue to operate above and around the law until enough people stand up and blow the whistle on them. I intend to make sure they hear me loud and clear! **My advice for anyone dealing with Arrow Financial (and any financial dealings for that matter): DOCUMENT EVERYTHING. Examine everything closely...chances are that Arrow has wrapped the noose around their neck many times for you and all you'll have to do is give that chair a good swift kick out from under them! And, just for kicks, check out their record with the Illinois BBB...pathetic
So what is your next step going to be now? Are you going to dispute with the CRA or go after them again?
If that was directed to me rblue, I am giving Experian 15 days to delete the listing because it was re-inserted illegally. If they don't do this, I will sue them in small claims court. I plan to bring the suit around the 15th of the month if they don't comply. I will also send them a settlement letter along with the summons offering dismissal of the suit in exchange for deletion. I'm not after any money here, I just want the item deleted. I have given Arrow Financial an ultimatum also, but I don't expect them to budge. I figure that it will be easier for me to get Experian to delete the item on their violations, than Arrow. I am already engaged in a civil suit with Arrow, and it doesn't even go to trial until May, so these things take quite a bit of time. I'd rather get it off sooner rather than later.
(please excuse me if question was not directed to me!!) I disputed again with CRA's 11 days ago and am expecting the info to be verified by Arrow (more Ammo against them). I'm sending Arrow my 4th letter demanding that they abide by the FDCPA and FCRA--this time 48 hours to delete, AND to provide (in writing) a statement/proof that this account has been deleted from all CRA's at their request, AND to provide me with written documentationthat they have purged this acct from their records, AND to provide me written statement that this acct will never be sold/transferred/etc.......which, of course they won't do. But, I like the idea of going to court with a very looooong paper trail to back me up. I have been politely, but sternly asking them to obey the law for almost 5 months now (7 letters w/ green cards). On day three, after the 48 hours has expired I am going to break out the hammer and notify them of my intent to use it on them in a court of law and provide them with a 3 page 'laundry list' of FDCPA and FCRA vilations that I have documented them blatantly and intentionally violating. As for the CRA's, if the account info is PERMANENTLY deleted as I request by Arrow, I will probably not pursue any action against them. I have had extremely good luck in dealing with both EXP and TU thus far (excepting the Arrow re-insertion) This is my last derog on my reports and I've saved a paper trail of correspondences with the CRA's, as well, just in case I should have ANY more trouble with them. I don't want to make enemies with them.......just yet.
I sent the letter from Arrow saying that the account was listed in error. Got back the "we're investigating" message from Exp...will keep you all informed.
I sent an intent to sue letter to Exp affiliate telling them I am going to sue for reinsertion. They just put the account back into reinvestigation status. Just more ammo. for the lawsuit!
