Re: Sassy/Anyone w/Small Clm Experi The FTC opinion letter site moved the permissable purpose letters to business need. From Quixote, I just checked all these links. No problems. They renamed the one section form "Permissible Purpose" to "Legitimate Business Need". Main site for Opinion Letters: http://www.ftc.gov/os/statutes/fcra/ A few of my personal favorites: http://www.ftc.gov/os/statutes/fcra/gowen.htm http://www.ftc.gov/os/statutes/fcra/benner.htm http://www.ftc.gov/os/statutes/fcra/greenblt.htm Quixote
Re: Sassy/Anyone w/Small Clm Experi Well, you and I have the same judge - so hopefully he's a good one. I know Christine's has been horrible.... I'll be on pins and needles too until I hear! Mommy2cats
Re: Sassy/Anyone w/Small Clm Experi 2. In receipt of my letter, they pull a hard inquiry on EXP to "see what we are reporting." VIOLATION #1 Lack of Permissible Purpose, Section 604 FCRA I just thought of something Lise, from Quixote's mega-thread, not only are they required to note the tradeline in dispute but the inquiry itself! and his subsequent phone call to experian confirmed and told how they would do this. Sassy
Re: Sassy/Anyone w/Small Clm Experi The good thing is that this person's problem is in Texas - and it seems to me that Texas is pretty consumer-friendly - AND I think they have some pretty strong state statutes that should help. I'd tell her to also do a search on "Texas" as I know there have been some good threads on here about the statutes. Go get 'em!!! Mommy2cats
Re: Sassy/Anyone w/Small Clm Experi Nodding Mommy2Cats, good idea! Lise, specific to BK reporting: http://www.bricker.com/attserv/practice/insurance/fcra/boynton.asp February 15, 2000 Mr. Joe Boynton, Esq. Glickman, Sugarman, Kneeland & Gribouski 11 Harvard Street Post Office Box 2917 Worcester, MA 01613-2917 Re: Responsibilities of furnishers of information to consumer reporting agencies--FCRA §623(a) Dear Mr. Boynton: This is in response to your correspondence concerning the Fair Credit Reporting Act ("FCRA"). You state that "t frequently occurs that after filing a bankruptcy petition and receiving a discharge, a borrower will continue to make payments on a secured loan to retain possession of his home, his automobile, or other collateral." You inquire: "If the borrower later becomes delinquent in payments following the bankruptcy case, is the creditor prohibited from reporting such delinquencies on the secured loan to credit reporting agencies?" We believe that a creditor may report delinquencies in the scenario you describe. Section 623(a) of the FCRA delineates the responsibilities of furnishers of information to consumer reporting agencies. It requires that furnishers report accurate (Section 623(a)(1)), complete and updated information (Section 623(a)(2)). When a consumer continues or resumes payments on an obligation discharged in bankruptcy, a creditor may report delinquencies subsequent to the bankruptcy, as long as the information provided to the credit reporting agency is accurate, complete, and updated, in accordance with those provisions. Of course, the creditor is then also subject to the notice and dispute procedures of Section 623(a) and (b) with respect to its reporting. I hope that this information is helpful to you. The views expressed in this letter are those of the staff and do not necessarily represent the views of the Commission or of any individual Commissioner. Sincerely, Helen G. Foster
Re: Sassy/Anyone w/Small Clm Experi I have some thoughts as re the "damages" portion of this discussion that I ran past a NACA attorney, who said it was a good approach for Small Claims, but, for unfortunately all too obvious reasons, I won't be posting my thoughts until after my hearing tomorrow.
Re: Sassy/Anyone w/Small Clm Experi Quixote, the big question in my mind is this... How can I assert damages due to an inquiry when I also have a CH13 and 9 other "included in bk" accounts on the same report. How do I point at that 1 inquiry and say "your honor, this inquiry caused me the following damages _________." That is my concern in a nutshell for all of this. The same can be said of the 2 accounts which are not reporting 100% correctly, but they are zeroed out. Are they 100% correct? No, absolutely not. Are they hurting the overall picture/score because of the errors? Probably not. Then again, Sec 616 of the FCRA says actual damages or $100-$1000 whichever is greater. That is for willful noncompliance. How would I prove that the inquiry was willfully noncompliant?
Re: Sassy/Anyone w/Small Clm Experi Like you, Quixote, I called Experian and asked what code was given when the inquiry in question took place. Because the OC changed it to be a soft inquiry when I filed suit, its former life as a hard inquiry is now gone! They have no record whatsoever of its original status. I believed the rep too. He was very helpful and told me to call the Attorney General's office and complain.
Re: Sassy/Anyone w/Small Clm Experi There is a simple answer Lisa. Others have sort of touched on it here. I promise I'll post it. But not just yet. I don't want to give them time to think up counterarguments.
Re: Sassy/Anyone w/Small Clm Experi Quixote can you email me? My email is on and I can keep a secret. I promise!
Re: Sassy/Anyone w/Small Clm Experi There are trolls (goobs I call them) There are EYES (QQ) There are the CA's There are the CRA's There are the OC's AND THEN there's Greg Fisher Did you read what Greg did to Quixote, Lise? Grrrrrrrrrrrrrrrrrrr Sassy
Re: Sassy/Anyone w/Small Clm Experi Something new happened? I haven't read the last 50 or so posts to "I'm new at this lawsuit thing." I saw where he was pretty nasty in the beginning of that one. Update me please, sister!
Re: Sassy/Anyone w/Small Clm Experi Oh good, then you read all the parts of Greg wanting Quixote to post his letters and evidence and Quixote responding with either why he couldn't or why he wasn't comfortable doing that. Quixote does post his letters and asks for help in responding. The c-netters respond (nothing from Greg UNTIL) He posts a copy of an email that he had forwarded to the Attorney representing the company Quixote was suing with a link back to the thread. Asking for her comments on the board postings. And all while a settlement offer and court date is pending! Sassy
Re: Sassy/Anyone w/Small Clm Experi yes! Here's where it starts, long about post 95, Quixote posts his correspondence. http://consumers.creditnet.com/stra...hreadid=30605&perpage=20&pgnum=1&pagenumber=5 Sassy
Re: Sassy/Anyone w/Small Clm Experi I just finished reading it all. What in the world is up with Greg Fisher? Why would anyone do that? He has been all over Quixote since the original post in that thread. What a mess!
Re: Sassy/Anyone w/Small Clm Experi I don't know, Lise! Don't post anything identifying to your OC or the OC's information though -- just to be safer than safe. Sassy
