Inaccurate item on your credit

In reviewing my consumer credit report I came across three entries in the name of a creditor that I had never heard of. I had never dealt with this company. The "creditor" never contacted me before placing these "negative" entries on my report. HAS THIS HAPPENED TO ANYONE ELSE?

 

RE: Inaccurate item on your cr

Thank you for your response. It did not appear to me that the entries were placed on my credit report in error. I have sued the "creditor". I may very well not be the only person whose credit report contains an entry reported by the creditor as a current account in collection when the real state of facts is that the creditor had entered its negative entry as a new account when really the account involved was an old stale account. Requests for Admission were served upon the creditor. They generally show what the lawsuit is all about.

I am interested in hearing from other persons to whom the same thing may have happened.

MBA March 19, 2000 at 6:40 P.M. EST
Defendant is required pursuant to the Pennsylvania Rules of Civil Procedure and local Rules of Court to Admit the truth of each of the following facts for purposes of this Civil Action:

1. Attached hereto and identified as EXHIBIT 1 is a photocopy of three entries pertaining to Defendant that appeared on Plaintiff's consumer credit report prepared by Trans Union and printed 12/23/1999.
ANSWER:

2. Attached hereto and identified as EXHIBIT 2 is a photocopy of three entries pertaining to MBNA AMERICA BANK that had appeared on Plaintiff's consumer credit report prepared by Trans Union printed 12/02/1997.
ANSWER:

3. The three NCO accounts on Exhibit 1 attached hereto are the same three MBNA AMERICA BANK accounts that appear on Exhibit 2 attached hereto.
ANSWER:

4. On or about June 1999, Defendant reported to Trans Union Defendant's account 313773 as a collection record open account pertaining to Plaintiff.
ANSWER:

5. On or about July 1999, Defendant reported to Trans Union Defendant's account 313773 as a collection record open account pertaining to Plaintiff.
ANSWER:


6. On or about August 1999, Defendant reported to Trans Union Defendant's account 313773 as a collection record open account pertaining to Plaintiff.
ANSWER:

7. On or about September 1999, Defendant reported to Trans Union Defendant's account 313773 as a collection record open account pertaining to Plaintiff.
ANSWER:

8. On or about October 1999, Defendant reported to Trans Union Defendant's account 313773 as a collection record open account pertaining to Plaintiff.
ANSWER:

9. On or about November 1999, Defendant reported to Trans Union Defendant's account 313773 as a collection record open account pertaining to Plaintiff.
ANSWER:


10. On or about December 1999, Defendant reported to Trans Union Defendant's account 313773 as a collection record open account pertaining to Plaintiff.
ANSWER:

11. On or about January 2000, Defendant reported to Trans Union Defendant's account 313773 as a collection record open account pertaining to Plaintiff.
ANSWER:

12. Defendant did not update its report to Trans Union
concerning Defendant's account 313773 from that date when Defendant first reported said account through January 14, 2000.
ANSWER:

13. As of 10:00 A.M. on Monday, January 17, 2000, reference to Defendant's account 313773 pertaining to Plaintiff appeared on the consumer credit report Trans Union maintained on Plaintiff.
ANSWER:

14. At all times material, Defendant was a furnisher of information to a consumer reporting agency in furnishing to Trans Union information about Defendant's account 313773 pertaining to Plaintiff.
ANSWER:

15. At all times material, Trans Union was and is a consumer reporting agency to which Defendant provided information about Defendant's account 313773 pertaining to Plaintiff.
ANSWER:

16. 15 U.S.C. §1681s-2 at all times material prohibited Defendant from reporting information about Defendant's account 313773 pertaining to Plaintiff to Trans Union with actual knowledge of errors.
ANSWER:

17. Defendant in reporting Defendant's account 313773 to Trans Union intentionally reported that said account had been placed for collection with Defendant in June 1999 and that the status of said account as of October 1999 was an open collection account without also reporting to Trans Union that said account was actually an account opened by MBNA America Bank, N.A. that said bank had written off in November 1991, reference to which had previously appeared for a period of seven years on Plaintiff's consumer credit report at Trans Union.
ANSWER:

18. At all times material, with reference to Defendant's account 313773, Defendant knew that Defendant, as a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit and loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumers file.
ANSWER:

19. During October 1999, Defendant updated its report to Trans Union about Defendant's account 313773, and in so doing misinformed Trans Union of the month and year of the commencement of the delinquency that immediately preceded the action.
ANSWER:

20. With reference to Defendant's account 313773 concerning Plaintiff, as a result of Defendant having misrepresented to Trans Union the month and year of the commencement of the delinquency that immediately preceded the action, as set forth above, Trans Union listed Defendant's account 313773 as an open current collection account on a consumer credit report concerning Plaintiff that Trans Union printed on December 23, 1999.
ANSWER:

21. On or about June 1999, Defendant reported to Trans Union Defendant's account 313775 as a collection record open account pertaining to Plaintiff.
ANSWER:

22. On or about July 1999, Defendant reported to Trans Union Defendant's account 313775 as a collection record open account pertaining to Plaintiff.
ANSWER:

23. On or about August 1999, Defendant reported to Trans Union Defendant's account 313775 as a collection record open account pertaining to Plaintiff.
ANSWER:

24. On or about September 1999, Defendant reported to Trans Union Defendant's account 313775 as a collection record open account pertaining to Plaintiff.
ANSWER:

25. On or about October 1999, Defendant reported to Trans Union Defendant's account 313775 as a collection record open account pertaining to Plaintiff.
ANSWER:

26. On or about November 1999, Defendant reported to Trans Union Defendant's account 313775 as a collection record open account pertaining to Plaintiff.
ANSWER:

27. On or about December 1999, Defendant reported to Trans Union Defendant's account 313775 as a collection record open account pertaining to Plaintiff.
ANSWER:

28. On or about January 2000, Defendant reported to Trans Union Defendant's account 313775 as a collection record open account pertaining to Plaintiff.
ANSWER:

29. Defendant did not update its report to Trans Union
concerning Defendant's account 313775 from that date when Defendant first reported said account through January 14, 2000.
ANSWER:

30. As of 10:00 A.M. on Monday, January 17, 2000, reference to Defendant's account 313775 pertaining to Plaintiff appeared on the consumer credit report Trans Union maintained on Plaintiff.
ANSWER:

31. At all times material, Defendant was a furnisher of information to a consumer reporting agency in furnishing to Trans Union information about Defendant's account 313775 pertaining to Plaintiff.
ANSWER:

32. At all times material, Trans Union was and is a consumer reporting agency to which Defendant provided information about Defendant's account 313775 pertaining to Plaintiff.
ANSWER:

33. 15 U.S.C. §1681s-2 at all times material prohibited Defendant from reporting to Trans Union information about Defendant's account 313775 pertaining to Plaintiff with actual knowledge of errors.
ANSWER:

34. Defendant in reporting Defendant's account 313775 to Trans Union reported that said account had been placed for collection with Defendant in June 1999 and that the status of said account as of October 1999 was an open collection account without also reporting to Trans Union that said account was actually an account opened by MBNA America Bank, N.A. that said bank had written off in November 1991, reference to which had previously appeared for a period of seven years on Plaintiff's consumer credit report at Trans Union.
ANSWER:

35. At all times material, with reference to Defendant's account 313775, Defendant knew that Defendant, as a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit and loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumers file.
ANSWER:

36. During October 1999, Defendant updated its report to Trans Union about Defendant's account 313775, and in so doing misinformed Trans Union of the month and year of the commencement of the delinquency that immediately preceded the action.
ANSWER:

37. With reference to Defendant's account 313775 concerning Plaintiff, as a result of Defendant having misrepresented to Trans Union the month and year of the commencement of the delinquency that immediately preceded the action, as set forth above, Trans Union listed Defendant's account 313775 as an open current collection account on a consumer credit report pertaining to Plaintiff printed by Trans Union on December 23, 1999.
ANSWER:

38. On or about June 1999, Defendant reported to Trans Union Defendant's account 313776 as a collection record open account pertaining to Plaintiff.
ANSWER:

39. On or about July 1999, Defendant reported to Trans Union Defendant's account 313776 as a collection record open account pertaining to Plaintiff.
ANSWER:

40. On or about August 1999, Defendant reported to Trans Union Defendant's account 313776 as a collection record open account pertaining to Plaintiff.
ANSWER:

41. On or about September 1999, Defendant reported to Trans Union Defendant's account 313776 as a collection record open account pertaining to Plaintiff.
ANSWER:

42. On or about October 1999, Defendant reported to Trans Union Defendant's account 313776 as a collection record open account pertaining to Plaintiff.
ANSWER:

43. On or about November 1999, Defendant reported to Trans Union Defendant's account 313776 as a collection record open account pertaining to Plaintiff.
ANSWER:

44. On or about December 1999, Defendant reported to Trans Union Defendant's account 313776 as a collection record open account pertaining to Plaintiff.
ANSWER:

45. On or about January 2000, Defendant reported to Trans Union Defendant's account 313776 as a collection record open account pertaining to Plaintiff.
ANSWER:

46. Defendant did not update its report to Trans Union
concerning Defendant's account 313776 from that date when Defendant first reported said account through January 14, 2000.
ANSWER:

47. As of 10:00 A.M. on Monday, January 17, 2000, reference to Defendant's account 313776 pertaining to Plaintiff appeared on the consumer credit report Trans Union maintained on Plaintiff.
ANSWER:

48. At all times material, Defendant was a furnisher of information to a consumer reporting agency in furnishing to Trans Union information about Defendant's account 313776 pertaining to Plaintiff.
ANSWER:

49. At all times material, Trans Union was and is a consumer reporting agency to which Defendant provided information about Defendant's account 313776 pertaining to Plaintiff.
ANSWER:

50. 15 U.S.C. §1681s-2 at all times material prohibited Defendant from reporting to Trans Union information about Defendant's account 313776 pertaining to Plaintiff with actual knowledge of errors.
ANSWER:

51. Defendant in reporting Defendant's account 313776 to Trans Union reported that said account had been placed for collection with Defendant in June 1999 and that the status of said account as of October 1999 was an open collection account without also reporting to Trans Union that said account was actually an account opened by MBNA America Bank, N.A. that said bank had written off in November 1991, reference to which had previously appeared for a period of seven years on Plaintiff's consumer credit report at Trans Union.
ANSWER:

52. At all times material, with reference to Defendant's account 313776, Defendant knew that Defendant, as a person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit and loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumers file.
ANSWER:

53. During October 1999, Defendant updated its report to Trans Union about Defendant's account 313776, and in so doing misinformed Trans Union of the month and year of the commencement of the delinquency that immediately preceded the action.
ANSWER:

54. With reference to Defendant's account 313776 concerning Plaintiff, as a result of Defendant having misrepresented to Trans Union the month and year of the commencement of the delinquency that immediately preceded the action, as set forth above, Trans Union listed Defendant's account 313776 as an open current collection account on a consumer credit report pertaining to Plaintiff printed by Trans Union on December 23, 1999.
ANSWER:

55. At all times during the period of time June 1, 1999 through January 14, 2000, Defendant knew that a consumer credit reporting agency must exclude from consumer reports it prepares any account placed for collection or charged to profit and loss which antedates the report by more than seven years.
ANSWER:

56. In order to circumvent Trans Union's excluding from Plaintiff's consumer report Defendant's accounts 313773, 313775 and 313776, pertaining to Plaintiff, each of which had been charged off to profit and loss during the year 1991, Defendant reported each account as a new account placed for collection in June 1999.
ANSWER:

57. Plaintiff by letter to Defendant dated and mailed on December 29, 1999, demanded that Defendant request Trans Union to remove from Plaintiff's consumer credit report reference to Defendant's accounts 313773, 313775 and 313776.
ANSWER:

58. Defendant received a letter from Plaintiff dated December 29, 1999 which letter demanded that Defendant remove each of the three adverse entries pertaining to Defendant's accounts 313773, 313775 and 313776 reported by Defendant to Trans Union.
ANSWER:

59. Defendant received the letter referred to in Request for Admission 58 immediately above on January 3, 2000.
ANSWER:

60. Plaintiff by facsimile communication to Defendant on December 29, 1999 demanded that Defendant remove each of the three adverse entries pertaining to Defendant's accounts 313773, 313775 and 313776 which Defendant had reported to Trans Union.
ANSWER:

61. Defendant received from Plaintiff on December 29, 1999 the facsimile communication referred to in Request for Admission 60 immediately above.
ANSWER: