I have an account listed on my Experian credit report that was paid in full. A collection agency is listing I owe them $150. I have a contract showing that the account was closed in 1999. The debt they are attempting to collect from me was allegedly incurred in 2001. I have sent Experian this information 3 times (at $5 a piece) and each time they verify. Now, here is the kicker. I called them 8 times today regarding this account (hoping to get a different answer). I left messages with various supervisors but I doubt I will ever get a call back. Each one told me the following: Although we do see here you sent in a contract showing the account was closed in 1999, we contacted the collection agency and they state it is going to stay so we must continue to report it. I told them, but the information is inaccurate. I have proof that it is inaccurate and I sent you proof it is inaccurate. They then state, we realize that but we are only allowed to remove items when told by the creditor / collection agency directly. And I stated, but I have a contract showing this account was closed long before the debt was allegedly incurred. And she said we realize that but we must report what they tell us. She also said your contract means nothing. The only way they will remove ANYTHING from a credit report is if I send them a letter that was sent to me from the creditor stating that it should be removed. Therefore, here is my point. If you have anything listed on your Experian credit report that is being verified as correct and the creditor will not remove it, DO NOT waste your time sending Experian your proof. They will not accept it. They are not interested in any proof you have as they will only report / remove what they are told to by the collection agency. I am moving on to a lawsuit early next week but that is ridiculous. I received the same story over and over...Yes sir, although we do realize this account was paid in full and you have proof of this, the account will only be removed if the creditor / collection agency tells us. And currently sir, we disputed that account 4 times and they state that what they are reporting is accurate. BTW, the collection agency also refuses to remove it. I actually called them today for the first time (never called any collection agency before) just to mess with 'em. The lady answered the phone. I asked her for her registered agent. She asked why. DUH! I said because I am suing you. She asked for my info and said, make your request in writing..CLICK... I called back 3 times right after and they kept sending me to a voice mail box. Finally, after the 4th call, they picked up the phone (when they had a chance to review my info). And I said I would like to pay this account, where should I send the money. The guy said, you should already know, you disputed this account over and over again. I said I didn't know. So he gave me a PO BOX. I said I needed a physical address. He says he can't give it to me. So I quote the address on their letter and he says that nothing goes to that address..LOL...and then he states, why do you want our address, and I said I am suing you. He then replies, you are lying...you said you were going to pay us, now you are suing us. And I said oh well, you caught me. Then he says I am going to love to go to court with you. I figure the plan ride just to represent themselves will cost $150 so that makes me happy! What a joke!
Ok so your pissed, BUT, don't antagonize someone your about to sue. It'll just make them want to fight harder. If you want their registered agent, go to your secretary of state. BTW what statutes are you suing them under?
I would consider suing Experian: B) Provision of other information from consumer. The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A). ) Consideration of consumer information. In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information. Recently, there was mention of some excellent case law that has to do with this sort of thing. The court found that when the consumer provides information, the agency must investigate much further... Does anyone recall what I am talking about. One of the cases was against TU I believe.
Tell the Evil Exp they are a bunch of lying heffers. I have sent them on several occasions letters of deletions from OC's and CA's and they have refused to investigate. As far as EXP claiming only to consider letters of deletion (which is a lie too), yes, they are supposed to consider relevant evidence provided by the consumer. I had TU last year promptly delete an account based on evidence (affidavits) that the account was not mine against a stubborn CA that wouldn't delete. Of course, the CA was successful at getting to my EXP report since EXP could care less about CA abuse against consumers and as a matter of policy routinely turn a blind eye to evidence submitted by the consumer. They are just so arrogant. You will probably have a hard time getting EXP to investigate again. I would ITS both CA and EXP and follow-up in with a small claims suit against both of them.
I don't think TransUnion cares much about recent case law. I got this in the mail from them today: 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. JCPENNEY We are unable to accept the documentation you sent. However, TransUnion will contact the source of the disputed information to advise them of your dispute. We will ask them to verify the accuracy of the reported information. When the investigation is completed, you will receive written response and/or a copy of your updated credit report to notify you of the results. I guess they are technically saying that they are going to investigate it, but I sent them a letter on JCPenney's letterhead saying that the account will be deleted. Hummm.....it'll be interesting to see what their investigation leads to.
Richardson v. Experian, Equifax I do believe. Bascially the court ruled that once a CRA becomes aware of a dispute between the consumer and the creditor, merely verifying the information with the creditor is insufficiant to maintain maximum accuracy on a credit report.
Whutchoo think silly? LOL Cushman V. TU. Here's one of my personal favorite threads: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=29759&highlight=cushman
You guy's are right on !!! When disputing the CRA is required to accept your evidence. They are also required to take all the information you provide and furnish it to the DF, along with your dispute, and do so within 5 days. If, as in the case of you having a letter from the DF requesting deletion, the TL gets verified, you have a case against the CRA. Imagine I'm a CA/DF. I send YOU (the consumer) a letter requesting deletion on MY letterhead with MY signature. You take a copy of that letter and send it to the CRA along with your dispute. When the CRA notifies me (the CA/DF) of the dispute they are supposed to include the information provided by YOU (the consumer). In this case it happens to be the very same letter on MY (the CA/DF's) letterhead requesting deletion. So now here I am, (the CA) with a request to verify one of my TL's and there's one of OUR freakin letterheads demanding deletion, probably signed by my boss. lol Would I verify it as correct with the CRA if, while at the same time they're verifying I'm also presented with a demand letter signed by my boss? OF COURSE NOT - DUH!!! Cinderella has it exactly right. File a suit in federal district court against BOTH the CRA and the CA/DF, and in demand of a jury trial. Then start discovery with an eye toward releasing the CA/DF as soon as they provide you with an Affidavit that states the CRA failed miserably to provide them with the letter from THEM (via YOU) during the dispute/verification process. That's why the CA verified. Their left hand doesn't know what their right hand is doing, and the CRA failed to provide the letter as is required by law. Once the CA/DF furnishes this Affidavit you can release them but now, you have the CRA exactly where you want them and they may settle for about $5,000 - $15,000. Go back up and check on Jlynns excellent work. She points out the two legal components I'm refering to here. BTW - when you get a letter from TU that says "Sorry but we can't accept your evidence", HELL you have a violation in writing right there in your hot little hands. So now we can see why we do in fact want to "waste our time sending proof". Do it this way and you'll make some money.
Re: Re: Don't waste your time sending proof One step short of going to court is to write another final letter listing their violations and demanding deletion and copy everything to the FTC. Sometimes when the FTC gets alerted, the CRAs all of a sudden decide to play by the rules. peace, delilah
Re: Re: Don't waste your time sending proof I'm not sure I would have much of a ground to stand on. They said my proof was not accepted, but that they were going to investigate it with the OC. So technically they did accept my proof, but they want to make sure it's authentic. I did fax them a nasty note along with a copy of the envelope that I received the original letter in (from a completely different state mind you). On a slightly different note, I pulled my TU credit report a few minutes ago, and the account is still listed, and doesn't show that it's being disputed (I'm not sure if TU is one that shows that or not). If they say they are investigating the "disputed" account, wouldn't they have to put the statement on there? I think so. It'll be interesting to see how this turns out. I would love for them to verify it and not delete the account. I'd take them to court in a heartbeat!
Butch was very nice to find me numerous cases relating to this matter. They can all be viewed at: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=46135
