Here's some background. Student loan lender(OC) placed late history remarks on my credit report during a time when I had been in deferrment. This was reported as several line items on each report(1 for each installment). Disputed with CRA's in Jan. All verified. Contacted OC and after talking to the right person up the latter there investigation shows I was in deferment. They update to CRA's as never late and send me a letter indicating perfect payment history. Ex and TU are updated correctly. No change to EQ.
Contact EQ in April and provide the letter from OC. In June half the items are updated correctly on EQ report but other half are not. Contact EQ again in July. They tell me that the letter did not have individual installment acct#s listed(but did have ss No.) and therefore went through standard verification. (I received 1 bill each month so they were all late or none were late). Contacted OC immediatley and had them refax all UDF to EQ. OC faxes me copies the same day and then sends originals to me with another letter reiterating perfect payment history.
Pulled my report last week. Guess what? Only one line item was corrected. Still have significant late payment remarks on my report which are less than 2 years old. These are the only negative marks on my report. So I fax EQ a letter clearly stating ITS, listed the violation of the FCRA and demanded correction and updated report faxed to me within 4 days or suit would be filed on the fifth day. I have already taken a vacation day from work tomorrow just to go to the courthouse.
Any advise from those who have filed similar suits would be greatly appreciated. Is this small claims? Is it one violation for each line item(They appear as seperate accts on my reports) or just one violation total. Any other violations I am missing? I have plenty of documentation from OC(who has been spectacular in helping me try to resolve this issue, especially considering I consolidated my student loans 18 mos ago and these accts have been closed since.) thanks in advance, NoMore (B.S.!!!!) sorry about the replies, couldn't post entire message in one post.
sounds like to me its a violation for each TL , if your gonna sue I would suggest that you do it in Federal Court you can sue for more money and from what I have experienced and read here they will transfer s small claim suit to federal court anyway at least thats what TU did to me when I filed in SCC.
Can I also sue for violations for each time the report wasn't updated correctly? The first time I didputed 3 trade lines were left incorrect the second time 2 tradelines are still incorrect. 3k+2k?
Be forewarned: EQ will cut off any and all access to your file for the duration of your lawsuit. -HDAlex
Yes they will cut you off from all access to your CR's. Do you have any actual damages?? If not you are going to be in a tough position. Good luck to you, you will need it.
