Don't waste your time sending proof

Discussion in 'Credit Talk' started by SUNHAWK, May 20, 2003.

  1. SUNHAWK

    SUNHAWK Well-Known Member

    Re: Re: Re: Re: Don't waste your time sending proof

    I agree but the argument turned to the form letter that was being sent out. Butch was stating that if they refuse the documentation you provide, they can be sued. And I was pointing out that they are not refusing it, they just are not using it to remove the entry directly.

    You are correct in that they must reinvestigate and provide all relevant info to the DF. But, that does not mean that, when they reply to your dispute by stating we are unable to use the documentation you sent that they did not forward it to the DF. Hence, Butch's reply that you must sue the DF and Experian to find out if they did truly provide them with documentation.

    My point is that the form letter reply does not mean they violated the law because they are stating they did not accept or did not use the documentation. The real violation comes down to whether they forwarded the documentation to the DF.
     
  2. SUNHAWK

    SUNHAWK Well-Known Member

    Re: Re: Re: Re: Don't waste your time sending proof



    Good point. See, with my little knowledge about Federal Court, I did not know I could get two birds with one stone.

    Now, I just have to find a good website on how to properly file a Pro Se case in Federal Court.
     
  3. sassyinaz

    sassyinaz Well-Known Member

    Re: Re: Re: Re: Don't waste your time sending proof

    Sunhawk,

    It's not just the letter and forwarding your information to the furnisher.

    It's #4:

    (4) 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.

    Whyspers has a bang-up site with her successful filings here:

    http://proselitigant.net/ex-complaint.html

    Sassy
     
  4. SUNHAWK

    SUNHAWK Well-Known Member

    Re: Re: Re: Re: Don't waste your time sending proof

    Okay... I see now. I didn't catch that part before.

    Good post!

    And thanks for the link... I just discovered that site a few hours ago...I think it should really help me out.
     
  5. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: Re: Don't waste your time sending proof

    THE CRA CAN DECIDE IF IT IS RELEVANT OR NOT JUST LIKE THE CRA CAN CALL YOUR DISPUTE FRIVOLOUS!!!!

    SO THEY (THE CRA) GETS TO DECIDE WHAT IS RELEVANT???

    If it was NOT RELEVANT...why did your credit card/loan company send you the INFORMATION???
     
  6. lbrown59

    lbrown59 Well-Known Member

    If it was NOT RELEVANT...why did your credit card/loan company send you the INFORMATION???
    GEORGE~~A.K.A.
    ===============
    Don't ask CRAs such hard questions George.
    LOL
    THE END ** *** ** LB 59
    ""--"""```~*~```'""==""""
     
  7. cinderella

    cinderella Well-Known Member

    Sunhawk,

    Any updates?
     
  8. SUNHAWK

    SUNHAWK Well-Known Member

    This item is actually in reference to my sister's credit report (as is every one of my other posts).

    This is the ONLY negative item I have been unable to get removed from her credit file.

    When I started working on her report back in December of '02, her credit score was worse than 95% of the population. Now, it is better than 50% of the population.

    The only big negative hurting her score is the lack of credit (as opposed to bad credit).

    I have tried everything to get rid of this account and the company will not budge. I filed a complaint with my state's attorney general who stated they agreed with my position. They called the collection agency on my behalf and were basically told they won't budge so the AG recommended that I persue legal action.

    I filed a BBB complaint against the original creditor and I also filed an AG complaint against the CA in their home state.

    I have also been unsuccessful dealing with the OC on this issue who has violated the FCBA by failing to provide my sister a bill so she could dispute the debt with them directly. I have of course filed complaints with the FTC regarding both the OC and the CA.

    I just recently filed a BBB complaint against the company that OWNS the OC. The BBB sent me an email two days ago asking me to call them to discuss the issue further.

    I am also going to be filing a complaint today against Experian with my AG stating that they now have knowledge that they are reporting an inaccurate item yet they refuse to remove it citing that they only report was they are told by the OC. But my 11 page complaint is filled with court cases which show that in instances where the CRA has been informed of deceptive reporting, they must take it upon themselves to fix or remove the listing despite what the data furnisher says.

    So, that's where I stand. If my BBB complaint with the owner of the OC and my AG complaint with Experian still does not lead to deletion, I will probably take the CA to court for $3000 regarding some various violations which include failing to update their listing as disputed for 6 months along with verifying a dispute through Experian twice without having any records available to them which would allow them to verify their listing.

    The problem is that, even if we successfully sue them in small claims court, that still won't get the item removed (which is our goal).

    We will probably then sue Experian directly for the deletion if they refuse to remove after the attorney general contacts them.
     
  9. cinderella

    cinderella Well-Known Member

    Wow....what a nightmare.

    But good for you for getting the AG involved and filing a BBB complaint. Some people would just give up out of frustration, I know at one point about a year ago I did.

    Hope this all works out for you, sooner than later!

    Keep us posted on the outcome.
     

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