Discussion in 'Credit Talk' started by danrs, Jul 31, 2001.

  1. danrs

    danrs Well-Known Member

    I'll try to keep it short as possible....

    Mailed certified RR to all 3 CRAs verification process information. Experian signed on 18 July. Today I receive a copy of my report, and page 1 states:

    To assist you in understanding your correction summary, we have provided additional information that relates directly to items on your personal credit report.

    Wachovia Bank
    Was previously investigated

    We are responding to your request to verify items on the credit report. We have already investigated this information and the credit grantor has verified it's accuracy. Please refer to the personal credit report you received for the name and address of the credit grantor who verified this information. If you still beilieve the item is inaccurate, then we will be happy to add dispute statement, or you may wish to contact the grantor. yadda yadda yadda.....

    Goes on to say, next page:

    Correction Summary

    About our verification process

    The following shows the revisions made to your file as a result of our verification.

    If you still question an item, then you may want to contact the source of the info personally.

    The FCRA states you may:

    -request a description of how we verified the information, including business name and address contacted and telephone number, if reasonably available;

    Ending wiht the usual crap about consumer statements, and so on.


    The report gave in the bank name, p.o. box, and account # of the disputed account, just as it has on every report. No other information, i.e. contact person, method of verify, phone, was given.

    They did not give me what I asked for, and I was very explicit in my letter to them, demanding contact person, method of verify, etc.

    So, the big question is, IS IT LAWSUIT TIME? It seems apparent to me they did not meet their obligations under the FCRA, BUT SOMEONE PLEASE CORRECT ME IF I'M WRONG ON THIS.

    Or, do I send another letter advising them they are in violation, did not give information requested, and have 10 days to comply or remove the negative account?

    Keep in mind, I don't want them to give me the info, so I can nail them and get them to remove the account. It is an unpaid charge off account, and while it does in fact exist, it is not completely accurate.

    Any help would be greatly appreciated. My Credit Union will be pulling this report in 2 months for a new auto loan, and it is important I get this negative removed.

    Thank You Very Much for any assistance you can give.

  2. OtherTerri

    OtherTerri Well-Known Member

  3. Squawk1200

    Squawk1200 Well-Known Member

    The FCRA provides that the CRA must provide "a description of the procedure used to determine the accuracy of the information . . . including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available" 15 USC 1681i(6)(b)(iii); see also 15 usc 1681i(7).

    IMO, there is no requirement that they tell you who they talked to at a particular company, and it is possible that even a very generic description such as "we contact the companies by mail or telephone" might satisfy the statute. A lack of phone number is a factor in your favor. But it is very, very far from a slam dunk case. Basically, if you sue them you are hoping that they will fold rather than hassle with you, b/c you have NO chance whatsoever of winning within the two months you need this cleared up by,
  4. danrs

    danrs Well-Known Member

    Thanks for the response.

    I think you're right about the "generic description" however they didn't even give that, just stated it was verified by the bank, and gave the bank's name and p.o. box address. No mention of what method they used, just that it was "verified".

    And you're right, it's pretty THIN basis for a lawsuit, but unless I hear otherwise, I think it is at least lest's say, an excuse to file, which is exactly what I was looking for. I'm hoping they'll fold. If not, I'll probably ask for it to be dismissed at the hearing, but I'd be shocked if someone from Experian showed up to fight it without first trying to settle first, which is of course my goal.

    thanks again,

  5. danrs

    danrs Well-Known Member

    LOL, LK

    Am I to take this to mean I should file?:)

    I've got balls, just not sure how to use them in this instance! Feel like a teenager :-0 Need some direction.

  6. danrs

    danrs Well-Known Member

    Thanks LK,

    Did you send your settlement offer as an attachment to the lawsuit, or in a seperate letter?

    I thought someone here said they attached it as an addendum, but wasn't sure how to do that, and for the life of me couldn't find the info again.

    And looks like I'm in luck, looks like where I'm at (LA county) it costs like 20 bucks to file, and another 20 or so for certified service. Experian has a registered agent in LA, so I'll have it sent there.

    I think this will be relatively painless for me and Experian. The derog is scheduled to come off in May 2002 anyway. At any rate, I'm going to give it a shot.

    Many thanks
  7. Squawk1200

    Squawk1200 Well-Known Member

    You're welcome. You definitely have an excuse to file that would survive a motion for sanctions from the other side. So long as you keep your eye on your goal -- settling and getting the negative info off -- and don't kid yourself about winning a bunch of $$ on the lawsuit you'll be ok.

    Good luck with the new car.
  8. Ender

    Ender Well-Known Member

    Hey danrs, I am in northern CA. I was wondering if you could forward the address where you are going to have it sent? I plan on also filing lawsuits.. my email is:

  9. danrs

    danrs Well-Known Member


    I found it at this site:

    It is good for all the corps doing business in CA apparently.

    I've been sending disputes to the main office in TX, but it looks like in CA, at least in LA county, you have to have them served in this state. They have a branch in Orange, who'll be named as the defendant, and I'll have their Agent for Service Process, CT Corporation System in LA, served at their address.

    Since they'll be served certified mail, and not process server, I'll just send a separate letter and offer to settle myself, certified RR of course.

    Something to the effect of:


    YOU ARE BEING SUED (ref LA County #xxxxx)

    You are being sued for violations of the FCRA. The result of these violations have caused, and continue to cause me financial loss.

    I have attempted to have erroneous information on my report investigated by you, and have requested you supply me with verification process information. You have failed to do both, you are in violation of the FRCA, and I will now ask the court for relief as it deems appropriate.

    In order to avoid legal action, you must do the following within 30 days of receipt of this letter:

    1. Remove negative account All Interest Bank, acct#12345, and any related notations, from my consumer credit file.

    2. Guarantee to me that this negative account, once removed, will not re-appear in my credit file.

    3. Supply me, and any creditors who have requested my credit file in the past 6 months, updated and corrected reports reflecting the above.

    In return, if Experian does as requested, I will dismiss the lawsuit and seek no reimbursement of court costs, financial loss, or damages.

    This is a one time and final offer of settlement.



    How's it sound? I don't want to get specific with them. I figure it's not necessary, and don't want to give them more info than they need.

    Any opinions on this would be appreciated as well.

    Many Thanks for the help and advice already given.


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