Just curious if this has worked for anyone else. I contacted all 3 CRA's to dispute an entry on my credit report. All 3 CRA's responded that it was verified by the company. So, I contacted the company directly and asked them to verify that this debt was valid by sending me documentation. It has been six weeks and I have received no reply from the company. I am thinking of sending the CRA's a copy of my letter to the creditor along with a copy of the Return Receipt card and asking them to delete this info. since no one has responded. Has anyone else had success with getting inaccurate info. that was verified by the Co. deleted this way? Are the CRA's legally obligated to delete info. that the creditor could not verify if you have proof that they did not respond? Appreciate any input!
RE: No Reply From Creditor Aft I did not do it, but my credit repair book says to do what you are suggesting. Send the cb a letter saying " since the creditor is unable to verify to me the debt that you alledge that I owe, how can who can you continue to report this debt. I demand complete removal of this debt from my credit file" or something close to that. Good Luck.. Roni.
the creditor may have verified if the creditor gets a phone call from Experian, looks it up on the PC, and verifies the debt, but ignores your letter, that doesn't mean that Experian has violated the FCRA.
is the info accurate? has the creditor reported something in error? or did you dispute a valid item? if the former, you may sue the creditor in small claims court for libel, and the item will come off your credit reports really quickly.
RE: the creditor may have veri Hi Pat, I sent letters to the CRA and the creditor simultaneously. The only things that I have received that suggests that they received my dispute is a copy of my Trans Union report that says "we have completed our reinvestigation and the results are shown below". It lists the creditor that I have an issue with and says "see new info below" When I look at the trade line, it only mentions "Dispute Resolution Pending". CSC also notated "Acct Disputed". Experian told me I need to be more specific with my dispute even though I explained it thouroughly and sent documentation.
RE: is the info accurate? The information that they are reporting is an error. On this acct. the total balance was $2,576. I was making $115 payments per month. I started the acct on 1/97. I have paid all but $1,455. The creditor is stating that my total loan was for $1,455 and that I was to make 2 payments of $728. Also, the trade line says acct opened 1/97 and and closed 1/97 which insinuates that I never made a payment. I have cancelled checks that prove otherwise. Do I have the basis for a claim in small claims court?
No basis for claim The case law involving defamation actions (libel) against banks for reporting false info to CRAs has developed the concept of a "qualified privilege" which gives them some immunity to libel lawsuits. The two interests weighed are the interest of the financial community to have credit reporting and your right to have accurate info reported. If a bank had reported an account which was paid and closed in good standing as "charged off", this would be sufficiently damaging to you as to make the creditor liable because they have "abused" their "qualified privilege". Here, I don't think it is worthwhile to consider litigation. Let me see if I can find the name and address of someone with a brain at this place for you to write to. P
Contact info David D. Morgan Midland Financial Corp. 501 W. Interstate 44 Rd. PO Box 26750 Oklahoma City, Oklahoma 73118 Midland Financial is the parent corp of First Credit... this is the top lawyer. no phone # I could find, but that is because the Oklahoma Bar is so backward that they don't have online listings of lawyers- one must buy a hardback book. How 1980s! P
RE: Contact info Thank you very much for the information. This board is very helpful and I appreciate your quick response!
RE: No Reply From Creditor Aft I'm having a similar problem. I have never had a credit card before and when I received my credit report from Equifax, I found that I had an account with United Credit National Bank that was charged off ($507). I contacted Equifax and they conducted an investigation, but somehow they were able to verify that this was a valid debt. I argued, and they said that I would have to resolve this with the creditor. I called UCNB and since I didn't have the account #, I gave them my SSN. They could not pull up anything on their system. They asked for me to fax over a copy of my credit report to investigate, so I did and asked them to send me any documentation to prove that this was my account. It has been a month now and I still haven't heard from them. This isn't right. I had no credit, and when I go to build my credit I've already got bad credit!! I can't get approved for anything (at a decent rate/fee). Hopefully I'll hear from them soon, but if I don't, how can I get them to remove this inaccurate info ASAP? Any advice is greatly appreciated.
RE: Going to take the first ro Pat, I think I am going to try my original plan of sending another dispute to the CRA's and including a copy of the letter that I sent to the creditor and a copy of the Return Receipt card. Hopefully that will prove that I have contacted the creditor and am not getting any response? I don't think a lawsuit is what I want to get into at this point. If you can think of anything more effective, please let me know. I would greatly appreciate it. Thanks
RE: No Reply From Creditor Aft Too bad you've sent them your credit reports. It is absolutely their duty (and theirs alone) to be able to prove what they reported. You don't have to submit anything to them whatsoever. Just write another letter (certified+RR) to the highest officer there stating that unless they act to remove it within 15 business days, the next letter they get would be a summons. If they still fail to reply and you're positive it's not your debt, retain counsel and sue. Saar
lawsuit??? who the HELL said anything about a lawsuit?? I gave you the name of the company's head lawyer. Does that suggest you should sue? No. It suggests that if you send a letter addresssed to him, instead of just to the company where some $7.50 an hour collections clerck will look at it, you will probably get your problem solved. All creditors and CRAs line themselves with a lot of DUMB people. If you write to their head lawyer, the problem usually gets fixed.
I agree, sort of I agree with Saar, but think that even if they remove the item, you should still sue them. Get it removed, then sue anyway.
RE: lawsuit??? Hi Pat, When I said no lawsuit at this point, I was referring to your earlier post. I realize that the name you gave me was for contact purposes only. Thanks again for your help. Pat said: has the creditor reported something in error? or did you dispute a valid item? if the former, you may sue the creditor in small claims court for libel, and the item will come off your credit reports really quickly.
