I think the Wicked Witch from experian removed me from her xmas list today. I'm surprised she put up with me for as long as she did. She hung up on me today so I guess I will have to follow thru with my plans for the lawsuit that I have been working on for so long. (I hope they provide me with some other trained person for me to talk to) I have Ms. Blairs phone numer if anyone needs it. Anyway I need some help with this last baddie if anyone can give me some advice. I had a Ford Credit account that was a voluntary repo in 98. I have disdputed this over 10 times since 2002 and every time I dispute, the date changes in "credit expert" to show the date of repossession as the month I disputed it. (i.e. I dispute in May of '04 and the date of repo changes to 05/04. The great part is that I got a true copy of my credit report and it is showing the repo as occuring in 8/1998 and it says says "ADDT'L LATES PRIOR TO 5/02" and under the heading "LAST DELQ" it says 5/04......There are 2 late payments being reported with no dates so I don't know how they are calculating the fall off date as 8/2005 I think the big thing I have here is that they have failed to clearly and accurately disclose all information in my credit report. Which has caused me to go crazy disputing the date of the repo, when it was actually "close" all the while. Then theres the issue of the dates of the late payments and the fall off date. I just want to make sure I have a solid case here. I think I do but I'd like some confirmation of my thinking. Thanks for any input
8/1998 => 8/2005 is 7 years... Despite what the date of status says, they are still using the correct date for the fall off date.
(c) Running of reporting period. (1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. What date was the delinquency which immediately preceded the collection activity.....??? They aren't reporting that so how do they know when it should legally fall off?
That's why they display "This item is to remain until: 8/2005" There is a lot of information which they supposedly have which they don't provide to anyone. The consumer report which we get is only required to provide what the standard consumer report that the typical report puller would receive if they pulled a copy of our consumer report themselves. I am in shock that they've actually allowed you more than the one dispute. Of course, since you can continously use the discrepancies in the other reports to say that they didn't previously verify the information which they are currently reporting, you may have found a continous loophole... Have you personally notified Ford Credit of the discrepancy?
Have you tried disputing the account using a Cushman v. Trans Union angle? i.e. provide copies of all of the different inaccurate verification reports, and say that because this data furnisher has not responded reliably, EX can not rely only on the word of the data furnisher, and must delete the trade line? Also, you are months away from when you should be able to dispute the account as being obsolete.
Jam, Thanks for the reply, I will look into the Cushman v. Trans Union angle. Any thought on why my copy of the credit report from my local bank would show a "last Delq" date of 5/04 (no payments since 98) and should I stick to Cushman v. Trans Union on this as well. 5/04 by the way is the last time I disputed this trade-line. Funny how thats the Last delq date..... Thanks, Tony
