I've written about this one before, but now I'm singularly focused on it, since it's my LAST negative! It's time to get serious, but I really need some advice from you experts. Here's the listing: Equifax, Dismissed CH13 from 1995. Here's what I've done so far: 1) Disputed as "withdrew, never confirmed-inaccurate & obsolete anyway". EQ responds w/ "verified as belonging to you". 2) Disputed again. No response from EQ. 3) Disputed again & sent copies of TU & EX to show no PR listed. EQ sent "previously investigated" response. 4) Disputed again. Verified again. 5) Sent procedural request. EQ ignored. I'm beating my head against the wall with these disputes, I've got to try a new tactic. I know EQ made some boo boos here (ignoring my requests, not marking my bk as disputed, and that "previously verified" thing). But I don't know if they are compelling enough to warrant a legitimate lawsuit. I'm a bit scared to go up against a big gorilla like Equifax. (I'll certainly do it, but need a lot of ammo). Obvioiusly, I'll have to go get turned down for credit somewhere to get damages, if I plan to file suit. What would you guys suggest? What would be the best approach at this point? I want this thing gone. Enough is enough.
I'd go ahead and send and ITS letter. Make sure you tell them the info is obsolete and quote in your letter this section from the FCRA: 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years." The deal is this negative entry is for a DISMISSAL. The FCRA says date for entry of relief or adjudication. Since it is clearly not an entry for relief the only other thing it could be is a adjudication. Ajudication is a final decree of the courts, dismissal is where it gets thrown out before adjudication is made. Therefore your derog should fall under this section of the FCRA: (5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1
Thanks for responding, dixidriftr. One thing an attorney told me (I believe it was David Szwak) is that the minute I filed the "petition" for bk, it became by definition, an "order of relief". Do you know if this is true? Becasue if that's the case, EQ is legally entitled to report it for a full 10 years. I guess it all hinges on that. What do you think?
Feel free to try this letter. It worked for me. Date CRA 1000 Sesame Street Muppetville USA To Whom It May Concern (Head Muppet): I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order of relief". Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent. Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed. Considering that this does not require an investigation, I would appreciate your response within 14 calendar days from receipt of this letter. Sincerely, Signature Name Address SSN DOB
