FURIOUS!! Please Help Equifax renig

Discussion in 'Credit Talk' started by danrs, Nov 16, 2001.

  1. danrs

    danrs Well-Known Member

    Man, I can't believe this! I filed against Equifax a couple months ago. Settled out of court, account deleted, letter with promise to not re-report.

    I go tomorrow to try to pick up my new car. In preparation, I pull all my reports. Equifax is now reporting the account again! Must have just gone back on today, because I haven't received e-mail notification yet through their notification service. Can't believe my luck!

    Not only that, but it shows reported balance of 220, with 2200 past due! Another typo from these jerks!

    It is showing as a 1995 charge off.

    So, do I request and investigation now, or will that meet with an automatic denial tomorrow at the dealer's?

    Will the dealer accept my letter from Equifax's attorney that the account was deleted, and thus not consider the black mark on the report?

    Man, I am so PI$$ED off right now. Couldn't have happened at a worse friggin time! Too late to call, my truck just arrived on the lot at 3 pm today, and I go at 9 am to pick it up, unless I now get declined.

    Do I start an investigation, or try to explain tomorrow?



    GEORGE Well-Known Member

    TAKE THE LETTER WITH YOU...you MIGHT be ok...good luck.
  3. danrs

    danrs Well-Known Member

    Boy, I sure hope so, I've been working towards this purchase for years. The dealer I ordered through I did so because they said they would pull Equifax if I requested if I couldn't get it done through Toyota Financial Services who pulls Experian. Both reports are (or were) clean, but Equifax shows a previous paid in full auto loan, which certainly would have helped.

    I simply can't believe this. Equifax's attorney will be talking to an extremely pi$$ed off individual come monday morning. This time, the lawsuit WILL NOT be settled without cost to them, I guarantee that!

    I'm so mad I can't see straight. To have this come back on the night before my purchase is unbelievable.

    Does anyone know, should I dispute this before I go in tomorrow? I know with Eq my score will go up, but will that trigger a denial with the dealer?
  4. bbauer

    bbauer Banned

    It's a breach of contract and you can sue for that big time. It's an open and shut case and should be worth a bundle of money.

    If it were me, I'd just act surprised when the dealer pulled it and hit you with it. And I'd let the deal go down the tubes. Then I'd turn it over to a competent consumer advocate attorney and sit back and wait for the cash to come rolling in. You won't even be worried about financing a car after that. You will be able to drive a real fancy buggy.

    I would not even consider one thin dime less than the full price of the car you were going to buy loaded with all the accessories and the tag, title and tax and then a few years supply of gasoline, tires, batteries and what else,

    I'd say a competent consumer advocate attorney ought to be able to get you at least $100,000 in damages.
  5. Momof3

    Momof3 Well-Known Member

    I am so sorry this happened to you:( I will be praying everything works out for you tomorrow. I would do as GEORGE suggested and bring that letter. Good luck
  6. danrs

    danrs Well-Known Member



    Here's the letter they sent. The account number or name of creditor it was reported under has not changed. By the terms of the letter, it should not have been re-reported. Do I have a case?

    Per your request, I am confirming that the disputed account, SFCU, Actt#xxxxxxxx has been suppressed from your Equifax file. In Equifax's systems, the suppression codes prevent the reappearance of this item if the creditor attempts to re-report it.

    Please note however, that while Equifax has taken reasonable steps to prevent the reappearance of this account, they cannot guarantee that it will never return. Because Equifax cannot control the actions of third party creditors, it is possible that a creditor might change account numbers or any of several other identifying features on this debt. To a computer comparing the changed account to the suppressed account, this would appear as a different item and would return back to the file. Further, the creditor could transfer the account to a debt collector or sell it to another creditor giving each a chance to report it to your file under their own name. but given the age of the account in question, these scenarios become less likely with each passing day.

    In the event that you do discover that this account has made it's way back to your file, in andy form or fashion, please feel free to contact me directly, and I will be happy to have it corrected.

    It is my understanding that this resolves the current issues you have with my client and that you will file a dismissal of the above action with the court. I thank you for your assistance in resolving this matter amicably and efficiently, wish you the best of luck, and ask that you do not hesitate to contact me with any further questions or issues about this matter.

    Now then, there was somewhat of a disclaimer about re-reporting, but it was reported under the same account number, by the same creditor.

    Do I take them to the cleaners or what?

    I'll do what I have to to get into the truck tomorrow, but Equifax will damn sure pay enough to cover my increased interest rate and then some.

  7. bbauer

    bbauer Banned

    As you know, I'm not an attorney, so all I can do is just try to use what is called "gut feeling" or maybe "common sense" if any such thing as common sense actually does exist. Quite often what seems like should be common sense isn't anywhere near as common as we'd like to think.

    What I see here leads me to believe that no contract exists here and all that folderall is nothing but a bunch of loopholes and obfuscation.

    Maybe a lawyer would see more in it than I can
  8. SofaKing

    SofaKing Well-Known Member


    Did you dismiss: Before their answer, with prejudice, or without prejudice?

    Did they sign the dismissal?

  9. danrs

    danrs Well-Known Member

    I dismissed without prejudice, so I can go at them again on the same action, however, my case wasn't that strong to begin with, they just folded easily.

    their signature on the dismissal wasn't required, as they filed no counter-suit.

    I'll check into it with an attorney I think. If this turns out to cause me to be denied, I'll be looking for Equifax's a$$.
  10. SofaKing

    SofaKing Well-Known Member

    Sounds like you got it covered!

    Good luck!

  11. lbrown59

    lbrown59 Well-Known Member

    Brovo for FICO and the honest injuins in the credit industry:When you gonna send them a thank you note?
  12. lbrown59

    lbrown59 Well-Known Member

    YUP BILL: Let them buy the car for him and throw in a few years free gas to!
  13. lbrown59

    lbrown59 Well-Known Member

    They learn fast don't they Bill? L O L
  14. danrs

    danrs Well-Known Member

    Well, gotta post quick, I'm on the run out the door, but wanted to say thanks for the responses.

    Got the Truck!

    Toyota Tacoma Double Cab 4X4.

    $400 over invoice, 27K out the door, 5K down, financed 22k at, drumroll please........


    Not great, but a heck of a lot less than I'd have settled for earlier today with what ocurred last night. I was hoping for 10%, and re-fi later. And, of all things, they didn't even pull Equifax! I was wrongly informed they could pull it. They pulled Experian, which is clean, but only 15 mo history, and TU, 15 mo positive history, and a $3500 unpaid charge off repo from 6.5 yrs ago. I gave them a copy I pulled of my Equifax, and the letter from their attorney.

    I was fearing the worst when he came back in and said "looks like we have a little bit of a battle here". When all was said and done, he said 7.9%, and about floored me. I financed a car (the repoed one) 8 years ago, when I had excellent history and credit, and paid 10% then!

    Needless to say, very pleased.

    Thanks again.


  15. Nave

    Nave Well-Known Member

    Congratulations!! Drive safely...nice truck Danrs.

    -Peace, Dave
  16. DaveyBoy

    DaveyBoy Well-Known Member

    Don't mean to wake a sleeping a giant, but what about the fact that it reappeared?

    I'm no lawyer, but damn, they claim there's no way it could come back, but it did!!

    I hate to be "sue happy", but this is just inane screwing around...I'd SO be on their case..

    Just me..

    DB :)

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