I have proof. I'm SOOOO livid! I applied for the car loan thru my cu. They declined me. The reason.... a late on GW visa in 2001 & a late on my mortgage in 2001. Say, what?! I have NO lates in 2001. My last mortgage late is 12/2000. My last visa late is 4/2000! I faxed her a copy of today's report, & she said it's completely different than the one she pulled today. Small claims, here I come!
Nope. I tried to talk her into sending me a copy. No can do. What she will do is draft a letter stating that the information on her report is different than the information on mine. She was pretty dumbfounded & sympathetic. She said she's seen it before. When I told her that wasn't legal, she agreed. I won't get to see her copy, but at least I'll have her help. Maybe I could even subpoena them.
Nursie, Try to get a little more info from the bank, i.e. "how many derogs" type of thing. You should be able to subpoena the file from the bank, as I believe it is by their agreement with the CRA that forbids them to show you the report, not any laws. Could be wrong though. Anyone know for certain? danrs
NO LAWS (that I know of)...they just DON'T want you to SEE it... Your too stupid to understand it anyway...(YOUR JUST A CONSUMER)...
I don't think there's any law against them showing it to me. It's probably company policy. What's illegal is Experian not reporting to ME what they're reporting to OTHERS. I know for a fact that those are not my lates, but I can't even dispute them. She said she'd write in the letter what the differences are. I'm to call her again in the morning.
Consider running your information by attorney David Szwak. He is a nice guy and I have dealt with him myself. He is quite able to handle this if he is willing. David Szwak bjslaw.com 318-424-1400 318-424-1476 FAX Reported Decisions: Whitesides v. Equifax, et al, 125 F. Supp. 2d 807 and 125 F. Supp. 2d 813, cause no. 99CVO210-S (U.S.D.C. W.D. La. 12/4/00); Economy Fire & Casualty Co. v. Swaney, 768 So.2d 822 (La. App. 2 Cirl 2000); Lazar v. Trans Union, 195 F.R.D. 665 (U.S.D.C.C.D. Cal. 2000); Hickey v. Centenary Oyster House, 719 So.2d 241 (La. 1998); Matthews v. City of Shreveport, 726 So.2d 1059 (La. App. 2d Cir. 1999); Gullatt v. Newell Industries, Inc. et al, 688 So.2d 1191 (La. App. 2d Cir. 1996); In Re: New York Life Insurance Co. Agents Class Claimant Solicitation Litigation, 1997 Westlaw 1526727; Taylor v. U.S. F. & G., 630 So.2d 237 (La. 1993); Edwards v. K&B, 641 So.2d 1040 (La. App. 2d Cir. 1994); Fitzgerald v. Secretary, U.S. Department of VA, 121 F. 3rd 203 (5th Cir. 1997); Dotzler v. Perot, 914 F. Supp. 328 (U.S.D.C. E.D. Mo. 1996); Simpson v. Anthony Auto Sales, 32 F. Supp. 2d 411 (U.S.D.C. W.D. La. 1998); Riggs v. Anthony Auto Sales, 32 F. Supp. 2d 405 (U.S.D.C. W.D. La. 1998); Lawrence v. Security Professionals, 743 So.2d 247 (La. App. 2d Cir. 1997). Publications: "Louisiana Premises Liability in the Post-Cates v. Beauregard Electric Cooperative Era," Louisiana Law Review, LSU Law Review, Vol. 53, Issue 6; "Theft of Identity: A Credit Nightmare," Texas Bar Journal, Vol. 56, No. 10, (Nov. 1993; reprinted numerous times); "Credit Cards, Credit Reports and Fraud: Enforcing Consumer Rights," The Colorado Lawyer, Colorado Bar Association, Vol. 25, No. 4 (April, 1996); "A Report from the Trenches," The Consumer Advocates, National Association of Consumer Advocates, Vol. 3, Issue 2 (March/April 1997); "Fair Credit Reporting, Credit Cards and Fraud," 990 PLI/Corp 647 (1997); "Temporomandibular Joint (TMJ): A Primer," The Bar Review, Vol. 4, No. 2 (Sept. 1994); "Credit Cards in America," John Marshall Journal of Computer & Information Law, John Marshall Law School Law Review, Vol. XIII, Issue 4 (Summer, 1995); "Enforcement of the Assault and Battery Exclusion in Louisiana: Hickey v. Centenary Oyster House, Louisiana Law Review," LSU Law Review, Vol. 60, Issue 3 (2000). Memberships: Louisiana State Bar Association; Louisiana Association of Defense Counsel; Harry V. Booth American Inn of Court; National Association of Consumer Advocates.
Jeff, what is all that? Is that stuff he's done? Or are you citing cases like mine. Where did you find him? Does he specialize in this stuff? I'm not sure I want to pay a lawyer.
That is information from his website. I just emailed him about 30 minutes ago and he responded immediately. He asked me to fax him copies of the lawsuits I have filed in small claims court and said we may want to dismiss them without prejudice and refile in federal court. He is going to look over my information tomorrow and get back with me. He was VERY quick to respond to email..about 4 minutes tops.
Nursie, The reasons I spoke with David Szwak did not involve a CRA but FDCPA violations. He ultimately referred me to a colleague of his where I live. If you need to go after a CRA he is highly regarded as one of the best. The CRA's know who he is and will take a suit filed by him very seriously. The info. in my post above is from his page on his firms website. I believe David Szwak would be very interested in possible proof of a CRA providing different information to creditors than the consumer. If evidence of this can be obtained that they are in fact doing so, you may have one heck of a lawsuit. It may be taken on a contingency basis. David is a nice guy. Email, fax or call him and speak to him re: the particulars of your situation. It will not cost you anything to see what his thoughts are about this. Good luck to you. Jeff
