BK not verified???? -

Discussion in 'Credit Talk' started by tmitchell, Aug 3, 2001.

  1. tmitchell

    tmitchell Well-Known Member

    Hi everyone......

    Some background.....I disputed, with Experian, my BK twice in the last month, citing the fact that I never filed a BK with the docket number listed (they are listing a slightly wrong docket # on my report). It came back verified both times BUT the docket number never changed.

    Now, I know the docket # listed is wrong because I have my paperwork AND when I call court or look up the case using PACER, the number that EXP is reporting comes back invalid.

    NOW, I called CBA (local affiliate) today and asked about this. I asked how it keeps coming back verified yet the docket number continues to be misreported. The girl, amazingly, tells me flat out that BK court has never verified the docket #! This is why I disputed it in the first place!

    She said a supervisor would call BK court Monday to verify the docket # and that if it still came back wrong, they would have to delete it.

    This is all well and good, BUT shouldn't this have been done already? Also, for your comedic pleasure, I should add that she actually asked ME for the correct docket #! i responded by telling her that that was for THEM to figure out.

    Bottom line - Can I do anything since they never verified the docket # the first 2 times and yet, let it remain on my report?


  2. Marie

    Marie Well-Known Member

    You've given them the knowledge that there IS a correct docket number. What position do you have if they then correct to the right docket number??? Ugh.

    Honestly, I'd sue them Monday stating that they've "verified" a nonexistent docket number (twice) and I'd do it first thing in the morning before they have the ability to change it to one that does match your name.

    Sue them for actual damages if you've been recently denied credit. IF you applied for a 1.000 line of credit and were denied use the 1000 you lost in credit as actual damages. Add up your time spent on this matter, multiply it times your normal pay rate, that's your time. Then if you've mailed certified, it's 4 a pop. Add it all up. Those are your total actual damages.

    Additionally, Then state they violated the Fair Credit Reporting Act by stating to you that they verified a docket that doesn't exist. That's a 1.000 penalty. Another 1.000 as harms to you for the second "verification". Additionally, they're defaming your good name and you're ticked. Put it in lay person's terms and do it quickly. That's a good 3K plus change. It'll cost you likely about 100 to file plus minor fees to serve them.

    But, if you don't I'd bet my posting priveledges that in a month or less you'll have your bk with the correct docket number and nothing else to complain about. You have a case right now. You could still have a case for them faking the first 2 investigations... but isn't it better to get them while the error still stands.

    You've been acting like a target. Now, instead...
    Become the gun not the duck (ok, I feel like Bill now :)
  3. tmitchell

    tmitchell Well-Known Member


    You are right. I did reveal that there is a correct docket number but I was already resigned to the fact that it was verified. This opportunity kinda fell in my lap when they started trying to explain themselves to me.

    Maybe it's time for a trip to court Monday AM.


  4. tmitchell

    tmitchell Well-Known Member

    Do I have to file my suit in NJ? Their local affiliate is in Cherry Hill, which is right over the bridge to Philadelphia (where I live). Or, can I file in Philadelphia?


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