FCRA_help me credit experts

Discussion in 'Credit Talk' started by Stephen An, Dec 31, 2000.

  1. Stephen An

    Stephen An Guest

    Here is an obscure question.

    I drafting up a summary judgement motion against Northwest Education Loan Association for violations of the FCRA. Specifically, they failed to update the results of reinvestigations made through Equifax and Experian to all three credit bureas. So, now false information still appears on Trans Union, who I didn't make a dispute through.

    NELA has admitted (probably inadvertantly) to not updating the results of the investigations to Trans Union. I am afraid they will go back on their admission, if possible, based on Universal Data Forms they allegedly filled out and sent to Trans Union deleting some accounts just before my disputes through Experian and Equifax.

    My question is this. What format is an update to a CRA usually made in by a creditor when the dispute is made through a different CRA? I mean, lets say I dispute some accounts through Experian, and the NELA received the Consumer Dispute Verification form in due course. Is it acceptable for them to simply fill that form out and send it to Equifax and Trans Union as well? Or, is there some other procedure that meets with the requirements of the FCRA regarding updating the results of those investigations to all credit reporting agencies to which the information was reported? What about Universal Data Forms? Do they meet the requirement?
     
  2. Kristi

    Kristi Guest

    RE: FCRA_help me credit expert

    The Universal Data Form is to be completed and sent off to all bureaus that the creditor has an account with. If in the regular course of doing business, they report to all three then the must update/correct all three. If they do not regularly report to all three then it is only required that they update the bureaus that they normally use.

    As far as any violation goes, simply forgetting to update all three the first time around would not be considered abuse. Give them a chance to correct the update and then move forward if they fail.

    Good Luck
    Kristi
     
  3. Stephen An

    Stephen An Guest

    RE: FCRA_help me credit expert

    Yeah. I did prompt them in September and October making specific reference to the language of the FCRA about "all credit bureaus," but the information still remained as of 11/13/2000 on Trans Union. I would check TU again, but I don't know of a way to get the report online. Anyway, what I think you are saying is that Universal Data Forms meet the requirement to update the information to the other CRA's. Is it satisfactory that they sent the forms in deleting certain accounts prior to the dispute?
     
  4. Kristi

    Kristi Guest

    RE: FCRA_help me credit expert

    Well, it's satisfactory if they did it because in revewing your accounts,they somehow discovered that the info needed to be updated. Btw,how is your student loan mission going overall?

    Stephen Anderson wrote:
    -------------------------------
    Yeah. I did prompt them in September and October making specific reference to the language of the FCRA about "all credit bureaus," but the information still remained as of 11/13/2000 on Trans Union. I would check TU again, but I don't know of a way to get the report online. Anyway, what I think you are saying is that Universal Data Forms meet the requirement to update the information to the other CRA's. Is it satisfactory that they sent the forms in deleting certain accounts prior to the dispute?
     
  5. jason

    jason Well-Known Member

    RE: FCRA_help me credit expert

    I checked with the director of Lexington Law Firm and he confirmed to me what I expected: they see almost no "unanomous deletions." Their experience is (and they see thousands of disputed credit reports) that the creditors and credit bureaus do not delete negative listings from credit reports from which they weren't disputed.

    My reading of the FCRA would also indicate that this is required, but I don't think they do it as a matter of policy. In your lawsuit, you should find out in discovery if there even is an active policy on deleting negative listings from credit reports that weren't disputed. I doubt there is and, if there is, I'm sure that it's not followed.
     

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