I have a judgement I disputed through experian online. They verified the judgement in 4 days. It does contain innacurate info. I hat to go back to court 2 years later to get the judgement recorded as satisfied. (the court was never notified by the plaintifff the judgement was paid) In my opinion they did not do a proper investigation. I spoke to the original court. They verified that the JP court does not report to the CRA. I spoke to EXP and recorded the conversation. I asked if they could provide me with the name and address of the info provider. I was told the get the info directly from the court. I asked if there was proof the info was verified I was told "anyone can walk into the court and collect the info" I asked for the name of the info provider who collected the info. I was told they do not give out that info, that the info collector was an employee of experian. I am going to draft a demand letter asking for the info provider and how the info was collected. I also intend to tell them that I will proceed with further legal action. I think I have a pretty good case for getting the judgement removed. Any thoughts or input?
dfcar, Your beef isnt so much with Experian as much as it is with the plaintiff. All Experian is required to do is go into the court and verify what they have on their credit report vs what is recorded in the court. If the plainttiff failed to do their end then really the blame in my opinion falls on the plaintiff. Do you have proof that you satisfied this debt that references the docket number that is not showing satisfied? If you I would make copies and send them to Experian as they make accept the documentation as an alternative. They are required to consider all relavent data in regards to the dispute so it may be worth a shot. You may also try and contact whom you paid and advise that they never notified the court etc... Welcome to Confidential Credit Solutions No part of the post above or anything posted by us herein is to be considered legal advice. Confidential Credit Solutions is not a law firm. If you seek legal advice, contact a licensed attorney within your jurisdiction. No part of our website link, including clicking upon it, constitutes an offer of any kind or an advertisement to seek an agreement of any kind. The website link placement herein is for informational purposes exclusively.
If your goal is to have the judgment entry removed, then sending them the documentation is probably not the best idea. Review the FCRA to see what it says about reinvestigation of disputes.
ccbob is correct. If you want it removed the documentation will not help as the bureaus are within their rights to leave it on the report satisfied. I simply offered that alternative as a paid judgement is more favorable than unpaid. You should continue to challenge the dispute with Experian though as every time Experian has to verifiy that dispute is more costly than you would think. Welcome to Confidential Credit Solutions No part of the post above or anything posted by us herein is to be considered legal advice. Confidential Credit Solutions is not a law firm. If you seek legal advice, contact a licensed attorney within your jurisdiction. No part of our website link, including clicking upon it, constitutes an offer of any kind or an advertisement to seek an agreement of any kind. The website link placement herein is for informational purposes exclusively
I do not intend to send any proof to the court. I may not have been clear, but I did return to the court 2 years later and the judge made a ruling, that the judgement should have been satisfied in Dec2006. Exp shows it satisfied in 2008, when I filed my motion. The court ruling specifically stated the judgement was satisfied in 2006. (The original plaintiff was a private individual and is long gone) I did record the conversation between myself and the experian repm, she told me twicw they do not give out the info provider name and it was a conmpany bonded to collect the info from the coutrt. I am sending a letter to experian requesting the details of how they verified the judgement. My specific point for the board here is that it seems obvious to me they did not conduct an investigation at all, simply looked up the info. Isn't there refusal to provide me the name of the information provider a clear violation of the FCRA? On another note when you dispute something online and it comes back verified almost immediately, does that connstitute an investigation?
here is my letter rough draft: November 7, 2009 Experian Dear Sir or Madam: I am writing this letter in reference to Public reference account number: XXXXXXX Report number: XXXXXXX I have enclosed a photocopy of my driverâ??s license and utility bill as proof of ID. I previously disputed the entry on my credit report online. Experian reported it verified and updated. The information in the file contains clearly inaccurate information. I am requesting per FCRA the following information: 1: II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; 2: The method by which the information was verified and written proof that the information was actually verified. Please be advised that I spoke to two representatives of Experian, after the account XXXXXX was verified within 4 days of the dispute. Both conversations were recorded by myself I was told by the first representative that the judgement was verified by mail. I was also told it was verified directly with the court. I was told by both agents that Experian does not give out the name of the information provider: a clear FCRA violation of my rights. The second agent specifically told me they get the information from an agency that is bonded to go into the court and collect the information. She told me a second time that â??We do not give out that informationâ? It is quite apparent that Experian did not conduct a thorough and proper investigation as spelled out in the FCRA. The state of Delaware Does not provide any information to the credit reporting agencies: per Justice of the Peace Court Policy Directive 80-021: Public Access to Judicial Records. 1. To whom the request is made. A request to inspect or obtain copies of records that are open to the public shall be made to the custodian of the records (clerk of court) in writing or orally, as prescribed by the court. All requests for administrative records shall be referred to the Court Administrator. All requests must include sufficient detail to reasonably identify what information is being sought and to allow the information to be accessed. Requests for information for more than one case should generally be submitted on the Application for Access to Court Records. I request that the inaccurate information should be deleted from my credit report as stipulated in the FCRA. The inaccurate information has caused me real financial damages. I intend to submit the matter including your response to this letter to my lawyer for possible legal action. Please respond to my request for information so this matter can be concluded without further action on my part.
The less you say in your letter, the better. (Remember the Miranda warning). Just state: On (date) I requested the inaccurate information about (judgment entry) on credit report (number) be reinvestigated. On (date), Experian stated that they had reinvestigated this data and found it to be correct. Pursuant to the FCRA, I am requesting "a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher." Thank you. Don't go off on a rant or threaten "legal action." If they had a nickel for every time someone said "I'm going to sue!" They wouldn't need to charge for credit reports. If you're going to sue, send them a summons, otherwise, just stick to the request. If they don't send you the information or don't delete the entry, then file a law suit. After this letter, any other letter will probably just cause them to mark this as a frivolous request and they'll just ignore you completely after that. Save all the other stuff you were going to put in the letter for your complaint.
if you are going to dispute you need a paper trail. a paper trail means writing letters, wiht confirmation of receipts, etc. i sent you a pm, heads up
They probably hired a company to lookup public records. In your case that is simply what they did. They get a copy of what needs to be verified and send it back to the CRA showing how the public record was recorded. Bottom line is if the public record is not recorded correctly then they are going to verify with whatever is recorded. All they are required to provide is the court information Basically the same thing goes on with your accounts. You dispute the account and the account information is given to bank xyz to verify. Welcome to Confidential Credit Solutions No part of the post above or anything posted by us herein is to be considered legal advice. Confidential Credit Solutions is not a law firm. If you seek legal advice, contact a licensed attorney within your jurisdiction. No part of our website link, including clicking upon it, constitutes an offer of any kind or an advertisement to seek an agreement of any kind. The website link placement herein is for informational purposes exclusively.
