Had an account with a CC a decade ago. Discharged in BK then. It is on my reports as as having been opened within the last few years, reported since then (yikes!) and charged off on several dates ( I mean several!) since then and tons of lates since then with varying numbers if days late listed. A balance/high limit history dated since then **Plus** illegal credit check pulls! Soft since they are illegally claiming to be a creditor but no one there needs to be in my biz-nass. And One CRA has just 'verified' all this info as accurate. I wrote to the CC company also demanding an investigation/proof/copies of statements from their bogus listings which they will not be able to send me if they are honest about this screw up. This letter was my second step when it should have been my first. Then I could have easily nabbed the CRA for verifying before the supposed creditor did. Planning to send a procedures letter to the CRA but then these violations are so blatant. On the part of the CRA and the CC company. ITS time? I signed the letters so hoping no one tries to forge my sig. Did not find a sample ITS letter. Or is this a doc I must pick up from my county courthouse??? Want to know what to do re: ITS if needed at some point. My board searches have come up a bit dry.
Nelson vs Chase Manhattan Mortgage establishes a right to action by a private party against a provire of credit information. http://caselaw.lp.findlaw.com/data2/circs/9th/0015946p.pdf Here's the amicus brief the FTC filed on behalf of Mr. Nelson. http://www.ftc.gov/ogc/briefs/nelsont.pdf
Thank you. I have started reading but am now printing out this info. Will be really nice to have laws and FTC letters to quote when I decide how to next correspond with this CRA. Procedures letter or ITS. Not sure yet.
I have printed out the info posted. Still wondering if I should sue or go the procedures letter route first. Anyone have ideas for my first response to this absolutely misleading and incorrect data? If I sue would it be deletion and $1,000 for **each** related item reported if I win?
Your proof lies in your BK paperwork. If its been more than 10 years, send your BK paperwork to the CRA's and tell them to remove everything that the creditor has placed on your report. If the CRA still wants to keep the stuff on your reports, you have a good claim against them. Finally I would consult an attorney as you seem like you have signifigant damages from the OC.
Once your BK has been discharged 10 years there isn't a damn thing the CRA can do to you. Its basically certified evidence that what the OC is reporting is wrong. If they ignore the BK paperwork, and continue to verify, they got a heck of a lawsuit coming.
Re: the BK. The literal 10 year date will pass early next year so it is a few months short of a full decade. I am assuming that even if I send proof of the BK - which I have been advised, in general, against sending any such documentaion ever to a CRA by random board vets in the recent past . Anyone have anything opinions to say about that? I mean which page would I send? Surely not all the papers Sending copies of the whole file seems 'unnatural.' Sending them any such thing But then I am thinking that the BK is about to fall off anyway so maybe I should not worry about sending them BK papaers? If I retain a lawyer maybe I could sue each CRA and the CC co both? They'd have to remove the bad info plus the BK anyway when the time comes. Too bad a lawsuit takes time because I am thinking that I could demand the BK be removed early which is what I also want. I will seek out an attorney. Was considering signing up for Pre-paid Legal anyway. But maybe I could find an an attorney who would not charge me up front and who would not take a whole 45% like I saw one post mention?
Once your BK has been discharged 10 years there isn't a damn thing the CRA can do to you. Its basically certified evidence that what the OC is reporting is wrong. If they ignore the BK paperwork, and continue to verify, they got a heck of a lawsuit coming. EQ FICO 9/02 545 > 6/03 738 CYA Manipulation Letter (©2003 dixidriftr) ============== Sounds like a plan.
