next step? OC & BK

Discussion in 'Credit Talk' started by DanS, Sep 29, 2003.

  1. DanS

    DanS Well-Known Member

    Citi reported 12 90 day lates on an account that wasn't open long enough to have that many lates. In addition, I was never late. Challenged it twice, second meaner letter got a response.

    Now they're updating to the CRAs as discharged in BK and the date is completely wrong - about a year late.

    How do I word a reply to this latest inaccuracy w/out admitting the account (a) was discharged in Ch7 or (b) even mine.

    They have not yet given proof of anything - this is their first response.

    My thought was to point out that after two attempts to get accurate data from the CRA and two attempts to get proof from them that the data is accurate, they still have not done so and continue to report inaccurate data. (This is technically correct, since the date they now report is off by a year, possibly leaving it on a year longer)

    What language/terms do I need to get them to delete this sucker once and for all? I can't see triumphing in court, since the account and BK were mine and I don't think any judge will look kindly on that.
  2. DanS

    DanS Well-Known Member

    Here is their response - my 2nd letter will be posted after

    Dear Dans,
    Concerning your inquiry, please be advised that as of this date BigFatCorp has forward updated information regarding the above referenced account to EQ, EXP and TU. The following update has been provided to the credit bureaus:

    Account included in Chapter 7 bankruptcy. Discharged on 10/14/02

    It is the credit reporting organization's ultimate responsibility to update your credit profile accordingly.

    Please be advised the that credit bureau databases should fully reflect these changes within 4-6 weeks.

    Any further inquiries regarding this matter should be directed to the credit bureau generating the report.

    A. Pissmonger
    Unit Manager
  3. DanS

    DanS Well-Known Member

    This is the 2nd note I wrote, which got the above response:

    To whom it may concern,

    This letter, despite very clear stipulations by the FTC, documents your lack of response to my letter dated August 8, 2003.

    I wrote on August 8 (38 days ago) to point out the inaccurate, incomplete and harmful data your company continues to verify with the three major credit reporting agencies about my account.

    I wrote to you because, in my attempt to get these erroneous data corrected repeatedly at all three credit agencies, I was told to contact your company. Writing your company turned out to be just as frustrating as dealing with Experian, Equifax and TransUnion. Well, it's now time for your company to come clean. Due to the aggravation I've experienced these past few months, I have researched the FCRA and FTC opinions and you're in violation of some laws I'm sure your company (or their attorneys) are well acquainted with.

    When I alerted your company in my letter of August 8 that they were reporting inaccurate information you had 30 days to prove that information is, in fact, correct. You offered no such evidence, as the FCRA regulations specify. You chose to ignore my letter. In the eyes of any objective third party reviewing this case, your company's continued verification to the credit reporting agencies of this inaccurate data is now willful non-compliance.

    As I'm sure you're aware, the penalties for willful non-compliance are much more severe than the $1,000 penalty for simply reporting erroneous data for your company and the three credit reporting agencies. Since it is now documented you are not interested in reporting accurate data about me, if you do not delete the account within 30 days I will be forced to take legal action. Any judge will be able to look at the trail of errors your company has placed repeatedly in my credit report in response to my challenges of accuracy, look at my letters (and receipt of delivery via USPS certified mail) and find clear, consistent and willful non-compliance.
    You can choose to ignore this letter again but the next time you hear from me, after October 15, I will have served your registered agent in the state of Massachusetts. I am tired of getting the run-around from credit reporting agencies and then being ignored by your company while my credit suffers. Please delete this account from all three credit-reporting agencies immediately.
  4. DanS

    DanS Well-Known Member


    anyone help here?
  5. DanS

    DanS Well-Known Member


    threads that go [bump] in the night...
  6. Melissap1

    Melissap1 Well-Known Member


    I've always heard not to threaten lawsuit unless you are serious about doing it. The letter looks good and if you do have the papertrail, I'd go for it.
  7. mike5000

    mike5000 Active Member



    How did your first letter to them read?

    I have the same situation with 3 different entities, one being Citi. However, Citi did update to one CRA correctly so I'm hoping over the next "4-6 weeks" the other 2 CRAs will have it correct.

  8. DanS

    DanS Well-Known Member

    any input is appreciated

    This was my first note. Any help here on writing my third notice is appreciated:

    To whom it may concern,

    This letter is a formal complaint that you are reporting inaccurate and incomplete credit information.

    I have attempted to make my information, as reported by your company accurate with each of the credit reporting agencies â?? Experian, Equifax and Transuion. I am amazed that you consistently report negative information concerning late payments and that you have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you publish.

    Credit reporting laws ensure that bureaus report only 100% accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct.

    The following information therefore needs to be re-investigated. I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. Failing that, the item must be deleted from the report as soon as possible:

    90+ days past due 12 times, Equifax 8/8/2003

    The listed item is entirely inaccurate and incomplete, and as such represents a very serious error in your reporting. Please delete this misleading information and supply a corrected credit profile to all creditors who have received a copy within the last six months, or the last two years for employment purposes.

    Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber.

    Under federal law, you have thirty (30) days to complete your re-investigation. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen (15) days of the completion of your re-investigation.

  9. lbrown59

    lbrown59 Well-Known Member


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