procedures request question

Discussion in 'Credit Talk' started by Fuba, Nov 23, 2002.

  1. Fuba

    Fuba Well-Known Member

    This item is strange, or is it?

    I found an item on the old CR that I wanted to get removed, so I called up the name listed in the tradeline. ( Its a county listed in the public records section)

    Here's the problem, the county told me that they do not report directly to any credit reporting agency. So if they don't report, how'd this get on my credit report?

    Are the CRA's responsible to provide me with the name and address of person or company that reported this entry? And if they can't, are they required to delete this item?

    This was my thinking, but so far all I got was the run around from EQ and EXP. TU deleted.

    What's your thinking?
     
  2. tnobles

    tnobles Well-Known Member


    HUUUUUHHHH??? What does that have to do w/procedural requests???? That would be a dispute, then if it was verified then YES they would be required to provide you w/a procedure upon your request.
     
  3. tnobles

    tnobles Well-Known Member

    I did not mean to sound rude, this post just caught me off guard. I was expecting one thing and got another.
     
  4. tracyb0313

    tracyb0313 Well-Known Member

    Try disputing w/ the CRA's first. Dispute this week, and see how it goes. Then ask for a proc. request if they verify. It helps to dispute old addresses off too, where you were living at that time, especially for public records. Good luck
     
  5. Fuba

    Fuba Well-Known Member

    Here's the thing: This item was verified and the address was the same as the listing.

    Here's the problem: The address given to me doesn't report to the CRA's. They will verify but not report. So who reported?

    Are the CRA required to provide me with the name of whomever listed this item in the first place?

    It would seem to me if they could not, they would have to delete. Am I off base here?
     
  6. Fuba

    Fuba Well-Known Member

    As an update, just got letters from Exp and Eq, both refusing to look into this.

    Should I write the AG's office(s)?
     
  7. uniondiva

    uniondiva Well-Known Member

    If this is a public record, they may not report it directly to the cra's themselves ( court or county may not) but there are people who make a living reporting pr's to cra's (and verifying them). If the court says they verified the info, then it will stay on your cr.

    I would try a procedure request, because that sometimes trips them up, especially this time of year.
     
  8. kalinka

    kalinka Well-Known Member

    The city or county courthouse has public records that
    anybody can obtain just by going in person and looking at the lists or journals. I think the reporting of these public records is done by some obscure
    public record publishing company that sells this information to anybody that wants it. I have seen pay websites that will do a P R search on anybody for a few bucks. Who these people are and what is their liability concerning accurate reporting of this information is a big question that I also would klike to know the answer for. These same people reported a vacated judgment on my CR as "satisfied". This
    was after I disputed it as "not mine" bcause it was showing up as "unpaid". Later I sent them a copy of the order to vacate and they deleted at EQ.
    What abunch of incompetent idiots whomever they are. The average joe that doesn't have any idea that this stuff goes on and damages his credit big time!
     
  9. Fuba

    Fuba Well-Known Member

    I did a procedure request a got a deletion from TU. The other two sent me the name and address of the courthouse, exact same as listing. But they do not report to anyone, so they can't be the one who listed this item. Someone else listed this item.

    Are the CRA's required by law to provide me with that information?
     
  10. Fuba

    Fuba Well-Known Member

    Is this covered by the FCRA?

    As an update, I was searching thru the FCRA, and could not find anything that would cover this. Am I missing something?

    All that I can come up with is, if the CRA cannot provide me with the name of the furnisher of information, this can not be verified with the original source, and should be deleted.
     
  11. Fuba

    Fuba Well-Known Member

    Re: Is this covered by the FCRA?

    bump
     
  12. gib

    gib Well-Known Member

    Re: Is this covered by the FCRA?

    You are missing something. The item you are talking about is a matter of public record. Many counties have the information available online. It isn't hard for the CRA to verify.

    Gib
     
  13. Fuba

    Fuba Well-Known Member

    Re: Is this covered by the FCRA?

    Gib, Your quite right of course, but this county doesn't report to anyone, so some other reporter listed this item. I was trying to find out who.

    Every other item on my credit report says who reported it.

    Of course I'm trying to use this fact to get this item deleted.
     
  14. ArmySarge6

    ArmySarge6 Well-Known Member

    Re: Is this covered by the FCRA?

    .
     
  15. Fuba

    Fuba Well-Known Member

    Re: Is this covered by the FCRA?



    Sorry Sarge, not sure what you posted here.
     
  16. PAE

    PAE Well-Known Member

    Re: Is this covered by the FCRA?

    You have a valid argument Fuba, if you get deletions based on it please let me know cause I'll be next.

    there are several companies that provide public record information online.

    pacer

    banko

    are two off the top of my head.

    In my opinion the CRA should be required to get this info from the courthouse but I doubt that the do...
     
  17. sassyinaz

    sassyinaz Well-Known Member

    They are required, Fuba, and within 15 days!

    The section follows.

    Sassy

    § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

    (B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A)

    (i) a statement that the reinvestigation is completed;

    (ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation;

    (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

    (iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and

    (v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection.

    (7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description.
     
  18. Fuba

    Fuba Well-Known Member

     
  19. sassyinaz

    sassyinaz Well-Known Member

    Nodding Fuba,

    When I first found this site, I had 2 bogus judgments listed on my reports. Truly not mine! The entries enraged me, I've enough problems and time in trying to get legitimate accounts reported correctly.

    Anyway, they were reported by collection agencies -- 2 seperate ones, they'd gone to the court house and transferred the information.

    It was a person who shared my maiden name but nothing else.

    Additionally, I wrote to the court itself and the clerk forwarded copies of their files to me. I'd provided her with a copy of my driver's license and identifying information with a lengthy letter. She said the same thing, the court's themselves don't report the information to anyone -- it is however public information.

    BK's are different though, because pacer is set up by the BK courts themselves to provide the information under the freedom of information act. However, if that was the source of the information, the CRA should still let you know who or how it is being confirmed.

    In fact, now you've got me thinking further for BK's specifically, it's not good enough to tell you the name and address of the court -- because the court isn't furnishing the information. I may pursue that in a late chod!!!!!!!!!

    Sassy
     
  20. PAE

    PAE Well-Known Member

    I wonder if it is possible to get the court to suppress SSN info.........
     

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