Discussion in 'Credit Talk' started by Marie, Jul 24, 2001.

  1. Marie

    Marie Well-Known Member

    Could you please tell us more about your 57.50 win. Who was it against?

    Did you mention all 10 tradelines in the lawsuit or did you just address the issues?

    I'm wondering if they threw out deletions of all your negs? Or did they offer only the negs you disputed???

    Just wanting a better feel for how you did the lawsuit and how you got 10 permanent deletions :)
  2. Terry

    Terry Well-Known Member

    Hi Marie,

    Here is what happened. I disputed 7 tradelines. Trans Union sent me an updated report about 2 weeks after I sent the dispute. The report said "New Information" Crap.

    I sent them a letter asking for "methods used to verify". I sent the letter on 6/8/01. They sent me a letter telling me I would receive the results of the investigation July 28, 2001 with a confrimation number ect.

    I sent them another letter (certified receipt) with copies of the report and the correspondence they sent me. Stating they had 15 days from June 14 (date they signed for the letter) to get the information to me. The date was the 28th knowing full well they had no intention of getting me the information.

    Also, Trans Union knew full well they didn't investigate anything. Plus they duplicated a judgement from my from my NDSL. I had 2 judgements with the same account numbers for the same amount and same creditor. What they didn't know was I rehabilitated my student loan. So, the judgement was to come off. I spoke with the Student Finance Office at the university and they informed me Trans Union never called or sent anything. I asked them to fax me a letter stating that.....they did.

    After I received the return receipt, I called. I was probably the first person in queue that day to speak to them. A guy named Robert answered the phone. I asked him when can I expect to receive "methods used to verify" my last round of disputes. He told me Trans Union was in receipt of all of my correspondence. I told him I am aware of that as I have all of my return receipt cards. He said they had 30 days to get the information to me. I told him I beg to differ the law states 15. I read him the law, verbatim. He said reasonably available. I advised him that after 4 days of mailing the updated report the information should be readily available. He was rather rude and said 30 days. He said I would hear something by the 28th as the correspondence stated. I said we will see! I hung up.

    I sat down and wrote up everything on a piece of paper. I started with the initial dispute sent in May. Then I went to the updated report sent on 6/8/01. I sent them a certified letter asking for methods used to verify in accordance with the law. Law states 15 days if reasonably available. I sent the letter the same day I received the updated report 6/8/01. They signed for it on 6/14/01, so I should have had the information by 6/29/01. Instead they sent me a letter telling me they were "re"investigating the information on 6/28/01. **Mind you I should have reveived the names, addresses, phone numbers, ect by the 6/29/01. So, they tried to reinvestigate to shut me up knowing full well they didn't conduct an investigation.

    I was pissed off at the way they tried to get over on me so I went to the local magistrate, 2 miles away. I went in told them who I wanted to sue. They gave me a form and I copied all of my information on the form. The addendum I added was I wanted all the information removed for good. It was just a letter I typed up and included with the papers. Basically it showed how they broke the law and they should remove all the tradelines in accordance with the law.

    The magistrate office was very nice. They basically gave me a form and told me to fill it out...that was it. They took all the paperwork and sent it to Trans Union certified mail. Then after they receive a confirmation that Trans Union was in receipt of the summons. They sent me a letter that gave me a court date.

    About 5 days later I received a priorty letter from them which included a new report with everything gone. It is my assumption, I don't know for sure, that the dept that handles law suits knew Trans Union screwed up big time. The next day I received a call from them asking me if everything was settled. I said "yes" I want assurances that these accounts will not reappear. I was given a special number to call if it should happen. My guess is they have a department that deals with such issues.

    I should state at this point that 9 of the 10 tradelines were old collections from 1995. By this time next year they would have been gone anyway. The judgement should have been removed as per the Student Loan Rehabilitation Act. As we know after 6 years, most collection companies don't have records in their system. I knew that Trans Union didn't verify the tradelines, they waited a few weeks and sent me an updated report stating they verified the information as accurate. That was the basis of my case.

    Your case sounds a little different. I think you should consult an attorney. Attorneys that specialize in FCRA and FDCPA are hard to find. You might want to start with a Bankrupcy Attorney, they may be able to refer you somewhere. You should go for the money! You may not need financing when you're done! :->
  3. Marie

    Marie Well-Known Member

    Thanks!!! for all the information!

    I'm more confident about my issues now.

    I think it all just comes down to violations and the CRAs not really wanting to go to court.

    I'll file also in magistrate but I do have a great credit atty here who will bump it to US District if I need him to. He'd rewrite the complaint too if necessary. It'll cost me 1,000 or so if I use him.

    If I have to use him I won't settle, I'd let it go to court which is why I'm starting in Magistrate. I'd like to settle and make this all go away.

    I've already got tons of evidence. I did one last set of disputes/ procedural descriptions because I included a tradeline and an inquiry that are already being removed by the creditors.

    Just hoping someone verifies those!

    I already noticed another violation. The Cras receive your disputes, take up to 10 days to put them into their system, and generate 30 days from that date. They give themselves 40 days to start. I was bluntly told by a rep that was their std procedure.

    I'll try to keep it simpler. I think I've researched way too much :)

    Thanks again! Congrats on the win :)

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