Removing Derogs

Discussion in 'Credit Talk' started by cmbrady, Nov 5, 2001.

  1. cmbrady

    cmbrady Active Member

    I've been reading the board here for a few weeks and just finished my first round of disputes. So far, I have had 2 First Premier chargeoffs deleted, 2 FirstUSA chargeoffs deleted, and 1 Strawbridges chargeoff deleted. These were all deleted using not mine.

    Now I have 3 chargeoffs remaining and am not sure how to proceed with them. They are from MBNA, Sears, and CapitalOne.

    CapitalOne-This was charged off in late 1999 and paid in full soon after that. I've read about the success some have had through PFB and will try that soon. I want to see if I can get the MBNA and Sears accounts off first.

    MBNA-This account was charged off in July 1996 and eventually sold to NCO Financial. NCO is not reporting it and they haven't contacted me about in a long time. Any ideas?

    Sears-This account was charged off in August 1998 and I eventually paid it in a settlement agreement. The account address is an old college address which I haven't lived at in several years and that address is no longer on any of my credit reports. Do you think I would have any luck disputing it through Sears as a fraud account? The name and SSN on the account are correct just not the address.


    Any help or ideas as to how to get these off would be a great help.

    Thanks.

    -Cindy
     
  2. LKH

    LKH Well-Known Member

    I personally would not dispute any account as a fraudulent account unless I could back it up. If they by some chance were able to prove it was your account, you could get yourself in a bit of jam. If disputed the others and they were deleted, why not dispute these the same way?
     
  3. bbauer

    bbauer Banned

    I sure would like to back up what LKH has said.

    Lying to credit bureaus is done every day and they probably get more lies per day than they do truths, but it can get you into a jail cell in the right circumstances and all kinds of trouble.

    It's just not good to be telling lies to credit bureaus or anybody else. Even if you get away with it, it's just not the way to go.
     
  4. Hal

    Hal Well-Known Member

    Even though I agree that being dishonest is not a good quality to have, the credit bureaus do it each time they report an item incorrectly - they are tasked with the responsibility to report only accurate information, and I would venture to say that is the exception rather than the rule.

    I do disagree that lying to a credit bureau could land one in jail - unless you sign something under penalty of perjury. Even in this circumstance, perjury is rarely prosecuted, and usually when it is results in fines rather than incarceration in civil matters.
     
  5. soup

    soup Well-Known Member

    Cindy,
    I just had two inquiries removed from MBNA. I wrote them a letter which the promptly answered with a follow-up letter requesting I fax them some info directly to their Credit Bureau Mgmt. Dept. Here's the fax #302-458-0412 They were very easy to work with, anyway, hope that helps...
     
  6. Marypc

    Marypc Well-Known Member

    About a year ago I sent NCO a validation letter (they had a Discover account of mine that was suddenly revived just prior to the statute running.)

    I got a letter back a few weeks after that, telling me it would be deleted. They seem to keep pretty bad records, I would send the validation letter pronto.
     
  7. Larissa

    Larissa Well-Known Member

    I would like to hear how you handle to MBNA account as well!
     
  8. bbauer

    bbauer Banned

    Hal:
    That's exactly right Hal, but do two wrongs make a right? Everyone has a right to their own opinon, but everyone is also responsible for their own actions, not that of others.

    Now I don't want to cause this to get into some kind of a sermon about how I'm right and anybody else is wrong. The above is just a statement about how I feel about this and not what I think others should feel. Everybody got a right to do what's best for them and everybody got a right to their own opinions.

    I couldn't agree more.

    Or you provide false information to a creditor which causes him to give you a loan that he would not have made if he had been in possession of the true and correct facts and upon which you defaulted. In the event such charges were ever brought against the debtor, his having made substantial payments on that loan and made an honest effort to pay the loan would probably provide plausable defense provided that other provable circumstances beyond your contol caused you to default and you could prove the existance of those circumstances.

    That's about the way it works, and so such charges are almost never brought against a debtor by a creditor. Even though you provided false information which caused him to make a loan he would not otherwise have made had he known the true facts, he would also have to prove that you did it with intent to defraud and that it was not an honest mistake on your part somehow.

    Just like perjury is seldom prosecuted as you pointed out, this entire law is seldom prosecuted except in cases of provable intention to defraud for the simple reason that the burden of proof upon the creditor is usually too great.

    But it could happen, so why take chances when it's easy to just do things the right way?
     
  9. quicktest

    quicktest Guest

    I was in the same situation with Conn's appliance. I tried disputing it, saying that it was not mine. That did not work. A month later, I contacted Conn's for a fraud packet, it was deleted with both Transunion and Equifax. I am now working with Experian trying to get it deleted.
     

Share This Page