Re: Re: Re: The War Is (w)on Yes, I understand, you included that in your post. However, a phone call is only verbal and won't get you very far especially when it indicates that they are in violation for not providing you with the required written disclosures. ok, that's new and wasn't included in your previous posts. Sassy
========================================================= CASE 02: DISPUTING DIFFERENTLY REPORTED INFORMATION BY THE CRA ========================================================= Heya gang! Previously ... As of Nov 11, 2003 Citibank raised my regular APR to the maximum allowed of 27.99%. No notice of adverse action. As of Nov 11, 2003 Chase raised my regular APR to the maximum allowed of 23.99%. No notice of adverse action. On 11/25/03 got a letter from Chase resulting from my phone call, saying: "[color=0066FF]... the annual percentage rate on your account increased based on information received from Experian Credit Agency indicating a recent delinquency is recorded on your credit bureau report.[/color]" Got back my old APR. On 02/19/04 got a letter from Citibank, saying: "[color=0066FF]... The APR on your account was due to information obtained from the credit bureau (Experian) at the time of your November 4, 2004 statement.[/color]" Got back my old APR. I have the following reports: 11/03/03 - EX, paper 11/04/03 - EQ, paper 11/06/03 - TU, paper 11/17/03 - EQ, online 11/08/03 - EQ, MyFico 11/08/03 - TU, MyFico 11/08/03 - EX, MyFico 11/08/03 - 3-in-1, PrivacyGuard 11/20/03 - 3-in-1, PrivacyGuard Plus, I have all my original statements from all my creditors for the last five years ... there isn't a single delinquency ... The questions: 1. Based on the facts that a credit reporting agency have disclosed different information to the consumers and to the lenders, and, how many important decisions are taken based on a consumer's credit report in the US, do I get Experian on violation of § 609(a)(1) (which falls under § 610 (e) regulations related to § 616 and § 617)? 2. Based on th fact that I didn't get a notice of adverse action, do I get Citibank and Chase on violations of § 615 (a) (which falls under the same regulations as above)? The section § 615 (a) and the term "adverse action" are furthermore discussed in the following FCRA letters: BALL, CAST, SCHIEBER, WEISBERG. 3. Can I take to the court Experian and Citibank/Chase all together or should I file two separate lawsuits? 4. If I file against Experian, should I bring Citibank and Chase to the court or would their letters be enough? 5. Do I file in a Smail Claims Court or should I aim higher? Your turn, folks ...
Hey Vlad, Great to see ya. In Marie's now infamous thread Szwak talked about what is required to build a case when CRA's report something other than what they furnish to the consumer. Since this is such a "behind the scenes" issue, I don't see any other way but to sue them ALL in a forum where you have complete discovery rights. And then agree to drop them when they furnish affidavits. I highly doubt ANY of em are gonna tell you the truth.
Hey Butch! I've seen this thread and it's a good one, but I have a different case - I've never seen or had a delinquency in my reports, nevertheless two banks verified they have received such information from Experian. In addition both banks failed to send me the required notice of adverse action. At this point I am not interested in finding the truth. Not anymore. I need to learn about the procedures and to sue all of 'em ...
OIC, Does sound like an Exp thing. I'd find it hard to believe they BOTH would come up with the same thing, independently, unless Exp. WAS behind it. It'll be tricky gettin the facts outta these people tho Vlad. Let me know if I can help ya.
