Well, so much for my the longer the better theory. CCB just verified the account to Experian...with the WRONG date of last activity! Arrrggggggghhhhhh!!!! I sent EX a copy of my cr with both TU and EQ showing the correct date of last activity and they said they couldn't use that. I'm stumped guys. L
Do I smell a lawsuit? <sniff sniff> I think I do!! Send a procedure request letter. Did you send the other reports CRRR? If so, then they have not used the additional info the consumer has provided (you). You have the CR from the other 2 agencies. Aren't the CRA's supposed to share info with each other?
Well, here's the deal. On Oct. 29, I made a procedural request...as well as on Nov. 13, Jan. 28 AND Feb. 5. They have not responded to any of them. This account was initially listed twice on my CR. I disputed them as duplicates and one came off. Naturally it was the one that was falling off in under a year, leaving the reaged account (reaged by two years). Along with the reports of TU and EQ...I also enclosed a copy of their own report which showed the correct dola. The ignored all of this and said they couldn't use it. I'm mad now. Wasn't even asking them to delete...just to correct dola. L
Assuming this was all done CRRR, I count 1,2,3,4 FCRA violations. Now assuming you have your old reports, as well as the other reports with this item delete (or what have you), I see a few more violations. Look at it this way, how can 2 CRA's fix the error, but one CRA just make it worse? File your lawsuit, you attempted FOUR times to get the procedures used to verify. This may be your ticket to a clean EXP report.
Yeah...I guess you are right. Its just when it comes to my own situation my mind freezes on what to do next...lol. I have Carla Blair's fax number so I guess I'll start there. For those who have sued...any response to faxing the complaint prior to filing or better just to file and go from there? L
I wouldn't fax anything to them at this point, no need to give them a heads up on a possible lawsuit. If they get a heads up they may just fix this one item, this way in exchange for dropping the suit they can fix your entire report, and maybe even some cash.
Thanks, KHM. I need to walk away from it until I am calmer and think it through. I pulled up Word Perfect to start on the Complaint and it is sounding like a 2 year old tattletaling...lol. Okay...think logically and chronologically. Looks like this will be my only recourse so here we go.... Thanks for the support! L
whyspers, you have got the goods on them. file the lawsuit and send them a copy with a settlement letter. i am betting that you will end up with a clean report. it' a shame you even have to think about stuff like this, but do whatch gotta do! file on the cra but you may also want to consider filing on ccb, if they have actually report dola incorrectly. have you validated with them also?
Thanks, everyone! Here's what I did. Don't think I'll get anywhere this route, but thought I'd give it a shot. Called CCB and spoke to a really nice lady. Explained the situation and told her I don't even recall having an account with them. She gave me the fax number for the fraud division and told me to fax them and ask for details about the account, payments made, etc. She told me that there was NEVER a payment made since the account was opened!!! Now I know I have a horrible memory, but I would think I would remember charging $1255 and not paying a dime of it????? I don't think so! This account was opened when I was going through a divorce. I'm wondering if maybe it was opened by...well...some other person than myself. I figure either way, if they will provide me with documentation on the account, I can prove to EX that this account should come off in February, 2003, NOT August of 2005. I don't care if it comes off now or in 2003, but no way I want it there for another three years. I am so close on EX...I would rather not file suit unless I absolutely have to. I'm already getting ready to file on a CA and may end having to file against Equifax. Since I am filing in Federal Court...it would get expensive. So what do you think? Will I get documentation on the account? Any chance the fraud division can help me out here? L
so, i understand not wanting to file since you are doing federal court but you could file pro se in small claims to " get your point across". you have the documentation and i have not heard of one person not getting a settlement or winning with proof like you have.. beside even if you do federal court and win, they will be responsible for your legal bills... think about it.. maybe your atty will give you a break.
Its not attorney fees that bother me since my lawyer would be one of my bosses, but rather that is a resource I want to conserve. When I file, I need to be able to count on him...and if I end up doing this over and over and over, he just might at some point get tired of it and tell me to get my own law degree...lol. I don't want to go to him with something I can do myself. I know what you are saying though and if I could write as good a complaint against EX as I just did against LJ Ross and Associates, I'd file in a heartbeat...lmbo. Any voluteers to help? All I need is some examples of something someone else having to do with reaged accounts, ignoring of procedural requests, etc....just something to get me started. Its so complicated to explain I'm getting it all confused when I try to type it up. Thanks! L
Okay...never mind...lol. I finally got myself together and have made a good start on the Complaint. Instead of telling the story so to speak...I'm instead focusing on how they violated the FCRA. Wooohoooo! Experian is getting sued!!!! I'm going to file on Tuesday if I can get the complaint reviewed by then Thank you so much for the encourament, guys! L
whyspers, there was no attachment with you email.... please send again.. i will be glad to look at it.
Since it's sounding like you didn't open this account (fraud), there's no reason you should have to put up with it on your record at all. Try to get things worked out with the CCB fraud department, and get a letter stating from them confirming that it was a fraudulent account and not your responsibility. That way you don't just get this off your reports, you also have documentation to use if this 'account' is circulating among any third party CA's. -ingenue
do this: get a copy of your current report. ccb knows this account is in dispute as per your validation requests. they should have requested that experian puts a notation that the consumer disputes the account... if that's not there, then ccb has violated the fcra and the fdcpa. by keeping the listing on your report without being able to validate is also considered collection activity. If you want to sue, you'll need actual damages. Go apply to a super prime company and get denied. then you have damages. trust me on this. you have to have not only fcra violations to sue experian but you also need actual damages. then, with a decline or 2 in hand, you can sue ccb and experian and get money plus deletions. trust me
Uniondiva...I couldn't send it because I used the form and don't have your email address...lol. If you will email me, I'll email it back to you Thanks, Marie. I have all of that...but Cross Country Bank is the original creditor and they don't fall under the FCRA, FDCPA. All I can do is hope their fraud department will help, but I think there is about a 1% chance of that happening. I have another account in dispute with EX and want to wait until I get the results from that first. Then I will file against Experian. I was going to do it on Tuesday, but I think this second one will come off. Then I only have the CCB left and can prove that it is THE reason for my denials. I got denied for discover and they said right in the letter it was because of the score. I guess I'm still thinking about all of my options. I will file if I need to and maybe sooner rather than later, but I just want to choose the best course of action. L
In other words the only time there is a violation is if they cause you damage.Isn't this a bit like saying it's ok to run red lites as long as you don't hit any body?
