Hi there everyone. I had a collection account showing on my Equifax report that belonged to my father (I am a Jr.). I challenged it a while back and had it removed from EX & TU but every time I challenged it at EQ it came back verified. In September I sent a CRRR validation request to the CA. A month later I sent a second CRRR validation request. About a week after sending the second validation request I challenged it with EQ again and the idiots verified it again even though they had never responded to either of my requests for validation. So, right before Thanksgiving I sent them a CRRR Intent to Sue letter. Just got home today and found a FedEx package from them. In it is a copy of a letter that I am assuming they sent to all 3 CRA's. At the top it has all 3 CRA's listed and next to each one is a "Subscriber Code". The text of the letter is... "Please be advised that the account referenced below should be deleted from this consumer's credit history. Please delete any reference to Kansas Counselors, Inc. and/or our client(s)." Then it lists the account details. I also received another piece of paperwork from them titled "Universal Data Form" which lists my name/address info. and then at the bottom of it on a line that says "Reason for deletion or status change from adverse to favorable" they wrote in "reported interest in error"... not sure what that form is about but assume it goes to the CRA's also as again, the CRA names and Subscriber Codes are at the top of the form. Just wanted to let everyone know of my small success (actually a big success for me as this was the last derog on any of my reports!). If anyone know anything about this "Universal Data Form" that info. would be greatly appreciated. TIA and Happy Holidays!! Kirk
the UDF is what the CRAs use to update your file. pat yourself on the back, you done good. now if EQ still verifies it sue them.
Thank you. Kind of fuzzy about the second part of your message though... are you saying that I still need to dispute with EQ? If just assumed that once they received the letter from the CA they would have to delete it... is that incorrect? Thanks again! Kirk
I can tell you exactly what Pae means. My scenario, my dh had 4 mortgage accounts same bank showing very bad deliquincies. Well I went through the motions long story short the bank's attorney advised them to delete the accounts, prior to this I had disputed the accounts through Efx. for the 3rd time. Exp, and Tu (because the bank sent them the UDF's)had updated/deleted already. I know for a fact the bank sent Efx the UDF's b/c again TU and Exp already updated, but Efx was making me wait out the 30 days. The 30 days was up, I call Efx they say well the lates were deleted b/c of no response on the 5th today (6th) the lates are back b/c the bank re-reported. Efx is full of it b/c 1) the bank is under the threat of lawsuit, do you think they would be so stupid? (ok maybe but not likely 2) Do you think they only updated TU and Exp, but yet re-report lates to a closed account to Efx? I don't think so. So now, I have had to send Efx the UDF's myself and have to wait AGAIN until they get ready to delete. That is what Pae is talking about.
Can you post your intent to sue letter? leaving out names. I'm about to send out a few next week aND WOULD love to see how you went about it.
Here it is... it's basically just a slightly modified version of one that I found here. Hope it helps... good luck! CA Name CA Address CA City, State, Zip Re: Account ###### NOTICE OF INTENT TO FILE LAWSUIT To Whom It May Concern: This letter shall serve as formal notice of my intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law. On 9-16-02 I sent a demand for validation letter. This was sent certified mail (71133111111111111111) and was signed for by Joe Blow on 9-18-02. On 10-18-02, I sent a second letter requesting that you remove this incorrect and derogatory information from my credit report within 15 days of receipt. This letter was also sent via certified mail (71133111111111111111) and was signed for by an employee of your company on 10-22-02. On 10-04-02 I was denied credit based solely on the incorrect information that you are reporting. On 10-21-02 you verified this account with Equifax Credit Services despite the fact that you had failed to respond to my initial demand for validation. The FDCPA states you must cease collection activity until you have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally. Also, when an alleged debt is disputed, a notation must be entered on the alleged debtors credit report showing the item as in dispute. Again, this was not done. Iâ??m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you. FCRA 1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) Duty to provide notice of dispute. 2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. FDCPA 1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication 2. § 809. Validation of debts [15 USC 1692g] As per the FDCPA: § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000 If you wish to resolve this matter, this will be your last opportunity to do so. The following item must be deleted from my credit files within 72 hours of your receipt of this letter or by December 6, 2002 and you must forward a letter to me stating that it has been removed and will not reappear on my credit reports again by you or another collection agency. Account # whatever If this account is not deleted by December 6, 2002, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will also file a formal complaint with the Federal Trade Commission, The (your state) State Attorney General, and the Better Business Bureau. Thank you and I look forward to resolving this matter. Name Address City, State, Zip Phone # SSN # DOB
