I am looking at my 408 Confidential Settlement Negotiation and this is there reason for not deleting the trade lines they " They accepted my counter offer except for one Item and this is what they quoted to me in the letter: "With one Exception, TU cannot and will , remove the items that you disputed online on 16 May 2003. TU has deleted the Federal Tax Lien trade line from your credit report since it was unable to verify this lien as belonging to you. However, each of the remaining tax liens and Chapter 13 filings have been fully investigated and are in fact yours. Contrary to your assertion, a credit reporting agency does not automatically have to remove a trade line simply because it did not respond to a consumer dispute within 30 days. I inaccuracy is the trigger for application of the FCRA and without proof that these trade lines ave inaccurate (ie do not belong to you) it does not matter whether TU responded to your dispute within 30 days. " Help me rip this apart if you would.
What exactly were you suing them for? Did it involve these tradelines, or were these additional problems that appeared after the suit? I would like to see some clarification here. Is TU saying they investigated and verified the remain tax liens and Chap 13 and they just didn't bother to tell you? The comment "inaccuracy is the trigger" - I think you have that spot on covered in the Cohan letter "the CRA's obligation to comply with Section 611 is triggered by a consumer dispute " I mean jeez they both even used the word trigger!!!! LOL And anyway, they are full of it, since the plain language of the FCRA makes it clear to any moron except TU of this very fact. To Butch: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=368255#post368255 The above post is where this started, and might help make lsmith's post here clearer.
ok I guess I should have given some more info on this .....I stated out on 2 violations sued them in small claims court in Ohio.....they TU moved it to Federal Court I of course amended my suit from the small amount I could sue for in small claims court to a much larger one in Federal court while this was going on I disputed 6 more different Items on my report now they are balking at removing them because they say they have now investigated them and they r in fact mine .....now they want me to sign when I settle saying that everything left on my file is true and accurate even though they don't have the correct amounts of my liens or chapter 13's or even the correct discharged dates and they have them listed as 0 assets and 0 liabilities.....which is not true in the first place...... Some back ground on this I disputed over 7 different trade lines that started this whole thing all 7 were from one OC 3 were correct TL's 3 were duplicates and one was one I never had someone elses .....EX, EQ deleted the 4 wrong TL, TU came back and said they had verified them and they remain.....I sent second letter to TU with copies of my EQ and EX results asking TU how they could verify when EQ and EX could not I also disputed the lines with the OC I had to subpena the records from the OC to finely find out that this False TL was not mine just got that the first of August disputed it with OC in February of this year. when I sent second request to TU in March of this year they did not respond back to me except with the infamous your with a credit reporting agency and we will not even consider your last request waited for a month did not get a results back from them in the 30 days so I pulled the trigger and sued them. They have agreed to remove the 3 duplicate and 1 false TL now but I have been turned down for a car loan because of the 1 false TL showing as a car loan that was charged off. I have learned alot from this one big thing is I will not pull the trigger as quick with a CRA am right now building larger cases against EX, and EQ but u live and learn I just feel they should remove the 6 items I disputed online as they did not even respond to me......Further note my wife disputed almost the same 6 items online same day 5 were the same they removed all 6 items and I got her copy of her corrected credit report on 18 June 2003 30 days after we disputed it.
oh Jlynn TU's lawyers due to the fact that I sent them offer to settle have now said they have investigated that they are mine only after I demanded that they remove the six items in my counter offer to settle they waited 3 weeks to get back to me and I guess now they have verified that they do belong to me ........but again this is almost 80 days after the 30 days has been up. thats what pisses me off because I made it part of my agreement to settle they now 3 weeks later tell me nope they belong to u so we will not remove them and the 30 day limit does not matter.
lsmith - I'm really out of my league here I don't know if you should amend your suit and pursue further, or if you should keep negotiating settlement agreements. Maybe someone with TU lawsuit experience can offer you some help?
