I have disputed a item on my reports that has been verified several times. I did not know about debt validation, until I found this website. so I sent the vaildation request (this is an original creditor). To my surprise, I received a letter back from them stating that I in fact owe $117. They enclosed copies of a application for membership, but it is not mine. Yes, it has the same exact name, but diffferent ssn# and birthdate, plus I have never lived in Portland, OR. The signature is not even close to mine. Can I file a lawsuit againts all three CRAs and the original creditor? If so, can someone give me information on how to file the lawsuit? Thanks!
If the application obviously has the wrong DOB, SSN, and residence, I don't really think that you have to take it that far. You could probably send copies of the app. to the CRA's & show that this is not your info. I'd imagine you could also do the same thing with the creditor. I'm not sure what the rule is about sending your personal info to the creditor... I guess at first you could just send a letter stating that this is not your info and go from there. I'm new to this, but it seems like you can easily prove that this isn't yours & get it dropped w/o going through the trouble of a law suit. Save the copies of the letters you send & anything they send to you. If they continue to say this is yours, then you should have them on reporting inaccurate info. But it doesn't seem like you should have to go that far.
I agree. It is an obvious "no brainer" for the CRA's to see the account is not yours, and as long as it shows the account number with all the rest of the wrong info, you shouldn't have a problem. If they come back and say they can't delete it, I would just take it straight to court.
This means the CRAs probably faked the investigation. Happens all the time. Not being successful in locating the real debtor, the creditor probably used the white pages, looked for a person with the same name, hoping to sucker them into paying the other guy's debt. Saar
Have you been 'harmed' during the time this erroneous info was on your reports, particularly after you first disputed it? If you've been denied credit or have received interest rates or other terms which were less than you would otherwise have received I would think you would have a case for violations and damages against both the furnisher and the CRA's.
This item has been on my report, listed as open and deliquent since 7/96, so I would say that it hasn't help me get the best loan rates.
I don't think you would have much of a case against the CRA unless they knew they were reporting wrongful information, but against the original creditor, absolutely. Here is a good link: http://www.sfgate.com/cgi-bin/artic...archive/2002/03/02/BU156272.DTL&type=business
Why not against the CRA? From what I understand from talking to CRA's when you dispute an item as not yours they send out a form to the creditor specifying the related dispute and request identifying info. If that identifying info DOESN'T match which in this case it obviously didn't, the CRA then has to remove it. The CRA did not, it would seem, take care to verify that the info matched or not.
