Nutcase Response:send us your CR?

It's obvious that they don't have your information - why would they ask YOU to send THEM information that THEY are reporting on YOU?!?

Request verification (or validation, if this is a CA)!!



kjoe

 

But the FCRA is. Nail them for reporting false information. The cant prove it thwey cant report it. Even is they are the original creditor.

 

Re: Nutcase Response:send us your C

Pat, don't be at a loss, LOL -- you've got them mystified and concerned. They know they can't pull a report without a permissable purpose, and they have a responsibility to know what they have reported. First Tennessee Bank tried the same thing with me, and I certainly did not send them a report.

I'd go with betacredit's "son of nutcase" letter and add:

"Federal law requires that you keep careful records with respect to consumer information you report to credit reporting agencies. Once again, I am demanding that you satisfy this lawful request for detailed validation regarding these reports within the next two business days. Otherwise I will be compelled to defend my civil rights accordingly."

Doc

 

Re: Nutcase Response:send us your C

Great letter. Here's my suggested edit:

-------------------------
To whom it may concern:

Again, I am formally requesting that you validate all tradeline notations that you have submitted and verified to CBC Credit Services by â??####â? for me, Pat, for account number 111111.

I am in receipt of your correspondence postmarked March 29, 2002 in which you disclaim responsibility and knowledge related to your reports to the three major credit reporting agencies. Federal law requires that you keep careful records with respect to consumer reporting. Although I have not applied for new credit, you have requested my Social Security number in violation of the Social Security Act (TITLE 42, CHAPER VII). You have the account number that #### is reporting on my credit file, (########), and my name and address, but despite the confirmable identifying information you are demonstrating a clear inability to substantiate anything related to the reports in question. Once again, I am demanding that you satisfy this lawful request for detailed validation regarding these reports within the next 15 days. Otherwise I will be compelled to defend my civil rights accordingly.

Your duty under the Fair Credit Reporting Act is clear, viz.:

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]
(a) Duty of furnishers of information to provide accurate information.
(1) Prohibition.
(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.
(B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if
(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate;
and
(ii) the information is, in fact, inaccurate.

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

As a brief summary I will restate the following:

I am not requesting verification that you have my name, mailing address and social security number; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance, which incurred the original claims associated with this tradeline.

Please know that you now have 15 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

Note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan).

For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.

Thank you and I look forward to #### resolving this most expeditiously.

-------------------------

Doc

 

Re: Nutcase Response:send us your C

Re SSA, lol...

One thing. I always provided my Social Security Number when sending the nutcase letters. (Again, in case a casual newcomer happens by this posting, we're talking about fully-paid creditors, not abusive bill collectors who are attempting to collect an alleged debt.) Anyway, I see no problem is ultimately giving them your SSN# -- although not perhaps with THIS letter, lol. After all, if they actually have the balls to pull your reports after you give them your number, then you've caught them violating the FCRA. Then you can prepare a "pleading" demanding $1000 for each violation (per Christine's method at Bayhouse.com) and then either go for cash or settle for tradeline deletions ... or both (per the Christi method, lol). Finally here's the reason you may ultimately need to give your number: Their records may be so bad that they can't even identify you without it -- especially if your name is fairly common -- in which case they won't even be able to fill out the UDFs for the CRAs because that form requires a SSN#.

On the other hand, it's a bit nice to see them panicking like this. I'd send this letter WITHOUT the number. Then if they continue flailing without removing the tradeline, send the "Son of Nutase" letter but include your Social Security Number along with this notice:

"My Social Security Number is 123-45-6789. I hereby formally demand that you forward UDF notices for tradeline removal to the three CRAs immediately. Since I am not applying for new credit, nor am I applying for employment with you, nor do I owe you any money whatsoever, you have neither permissable purpose nor express permission to harm my credit rating by initiating a hard inquiry. Rather, per federal statute, it is your responsibility to maintain careful records regarding consumer information you report; since you have demonstrated a clear inability to act in accordance with your duty, you must abide by my lawful requests immediately."

Remember, Pat, the object is to be a constant pain in their collective asses until they delete the freaking tradelines just to be rid of you. There is no federal law protecting them against former creditors.

Doc

 

Re: Nutcase Response:send us your C

Another thing Pat: have they been pulling account reviews? If so, I would believe they should have that info from your credit report-thats another piece of info that you could use to your advantage.

Also, the account in question SHOULD have been notated as in dispute during this time-did they do that?

Good luck. I have been having a similar problem myself w/a creditor who is seriously dinging my report, but not coughing up evidence.