Got an Equifax issue. They deleted a CAâ??s derog TL for me about 2 weeks ago after two letters concerning itâ??s inaccuracy. On 3.30 (I check & update my reports daily-thru Truecredit) lo and behold we have the TL show back up on Equifax. I had already sent Equifax two please delete letters and only after the second did they finally delete. Now, as evidence, I have a letter from the CA stating to me that they have instructed all 3 CRAâ??s to delete the TL as they could not validate. I used this letter in my correspondence with all three CRAâ??s and the TL was deleted from all three in the beginning. On 3.30 I called and spoke with a rep (ms. mucho personality)from Equifax and she â??admittedâ? their mistake and stated to me that she was deleting as we spoke. Itâ??s still there after two updates in two days. My question is how serious is the FCRA violation that after 5 days they must send a letter informing me about reinsert? Does anyone here see any other violations in this situation? If so, can I use these in an ITS letter to get more negs off the report? Your feedback is appreciated. BTW, I will have another interesting situation posted soon.
OK It has been 5 business days since reinsertion of derog. I will give them 5 more days for the "reinsertion notification" letter to get here (must be dated by 4.5.06), then I'm going to send them notification of the violations concerning this and a settlement offer or lawsuit for statutory damages and attorney fees.
How much time do you have? (And I'm not saying that to be snarky or mean.) What do you want to achieve? If you're serious about moving toward litigation, attach a copy of your Summons. That doesn't mean you must file, it doesn't mean you can't file and withdraw later, it just means you're serious.
Hello Always! I did not take your question as mean at all. I am not sure by what you mean by how much time do I have. I have been working on getting all this innaccurate info off my reports for some time now (6 mo) I am not trying to buy anything major if that is what you mean. What I want to acheive now is for them to delete the last few derogs on my report. All of this has taken so much time and effort. I want to use it as levrege to get them to take it all out and I'll be done with them. BTW all disputed items have been removed thus far. Some were more work than others. If you think that a summons will give my threats credability, then I will run this past my attorney. I am going to keep this thread going in the hopes that it will help someone in a similar situation. Thanks for your 2 cents!
After speaking with Always, I sent my letter to Equifax with copies of the filed court papers. This went out certified mail this week. Had to dig around to find their physical address for serving them as they will not serve a P.O.box. Also, I have noticed that all of these innacuarcies that are coming off my reports,Equifax is either the last to come off or will not delete at all.
Good job! It's great to see that you're making progress. I hope others will recognize this is a legal process and it can take time. It's part strategy and street-fight. You've had some great success in six months and that's what really can happen if a strategy is in place.
Court Date is 5.30.06. They have deleted the TL that they reinserted. I know from checking my report online. No formal notification from them. I am still damaged as I just financed a car at 14.99% and the deletion added 50 points to my fico. Per the Equifax website at the curent score I should qualify for about 4pts better rate on a 60 mo auto loan. This calculates to over $3000 more in interest over the life of the loan. Any comments/suggestions anyone?
Could you refinance your just financed car, on better terms with your higher FICO, and if so, at what rate and additional fees?
I am think that I could. I just got a letter from an auto lender offering to refinance for 9.95% for $49.00 in fees. You see my credit scores in my signature at the bottom of this page. According to all of the calculators out there, I could get this rate with my 623 score. Thanks for your thoughts in advance.
lbrown59 says---They never take it off the report when we make it right so why should we take it off the docket when they do? Since Equifax has re-deleted this reinserted information since I filed the claim against them, does anyone here have a theory on what their defense strategy will be when we get to court? How might I counter? I have a chronology of our dealings over the past 7 months that I will have copies of for the judge when the case is heard. This should show how much effort on my behalf has gone into getting the truth about my creditworthiness reflected in my report. Also, I have not sent them a settlement offer. Anyone want to weigh in on the merits of offering a settlement to them?
They will probably claim any or all of: 1) You are suing the wrong legal entity. (How many companies do they have with Equifax in the name?) 2) You are suing in the wrong court. (Might as well try this, some judge might buy it.) 3) What you claim was reported, was not reported. (Did you pull your report directly from them?) 4) They were reporting what the CA told them to. The CA made the mistake. (You have a letter from the CA, but they can't just trust letters from consumers, and they can't change anything until the CA tells them.) 5) They made a bona fide error, despite having systems in place to maintain accuracy. (After all, they are a Credit Reporting Agency. They are the experts on how to maintain accuracy in credit files.) 6) You were not damaged. You should feel lucky you are allowed to use credit at all. (Your credit's so screwed up from other errors, this one made little difference.)
ontrack thanks for being the equifiction advocate! LOL! OK Here goes! Equifax: 1) You are suing the wrong legal entity. (How many companies do they have with Equifax in the name?) Diggingout: I have seen this before and am not sure what to do except to say that this is a stalling tactic and does not everyone know who we are talking about, especially since I sent the letter to them certified with the court filing papers. It seems to me your honor that if someone sued my business, I would get the paperwork to the right department or subsidiary. (May work because of the informal setting of the smalls claims court) Equifax: 2) You are suing in the wrong court. (Might as well try this, some judge might buy it.) Diggingout: I thought that these JP courts were set up to keep the small claims from clogging up our federal and state courts. I have a small claim but would be happy to make a larger one. Equifax: 3) What you claim was reported, was not reported. (Did you pull your report directly from them?) Yup! Got the proof in print and a chronology of my communications color coded by dispute by dispute with the updates provided by CSC/Equifax for quick reference-your honor. Equifax: 4) We were reporting what the CA told us to. The CA made the mistake. (You have a letter from the CA, but they can't just trust letters from consumers, and they can't change anything until the CA tells them.) Diggingout: Would the court please request the documented proof of the communications between CA and Equifax? Also, may I seethe proof of this? (Hopefully the judge would want to see this) Equifax: 5) We made a bona fide error, despite having systems in place to maintain accuracy. (After all, they are a Credit Reporting Agency. They are the experts on how to maintain accuracy in credit files.) Diggingout: The error was pointed out to them within 24 hrs of re-insertion. By the plaintiff. No attempt was made to remove until the recieved a summons. Equifax: 6) You were not damaged. You should feel lucky you are allowed to use credit at all. (Your credit's so screwed up from other errors, this one made little difference.) Diggingout: Thanks for admitting that you have provided so much derogatory misinformation to potential lenders that I have suffered financially. Especially here in the legal forum with a presiding judge. Are you certain that you are standing on the correct side of this courtroom? ONTRACK-Your help has a high value to me and is very appreciated.
It might be worth spending a few hours watching a few small claims court proceedings, just to see what you will be dealing with.
Did you send a copy of your letter from the CA along with your dispute to the CRA? CRRR? Just because they may claim they can't accept documents you send, doesn't mean the FCRA allows them to ignore documents you send. In fact, it specifically says otherwise: http://www.ftc.gov/os/statutes/fcradoc.pdf �§ 610..Conditions and form of disclosure to consumers [15 U.S.C.�§ 1681h ] ... (2)Prompt Notice of Dispute to Furnisher of Information (A)In general.Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph (1),the agency shall provide notification of the dispute to any person who provided any item of information in dispute,at the address and in the manner established with the person.The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller. (B)Provision of other information.The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer or the reseller after the period referred to in subparagraph (A)and before the end of the period referred to in paragraph (1)(A).
Everything went CMRR. I did send the copy. Both times. For the initial dispute and with the court papers. That was my evidence that I cited both times. I will also start watching some good small claims cases. I guess I can go to the court and watch my judge? I did not think of that. I am sure that the proceedings would be open to the public.
Did the CRA respond to each of your disputes by sending you the results of their "investigation", as required?
Get this! I am printing out my Equifax Gold report right now. Just updated tonight. It is showing a derog collection account that was "deleted" last week. They sent me an "updated" report via USPS showing me that it had been removed along with a deletion letter. Unreal! I have updated my Trucredit everyday since then and it was never removed from there either. I think that I can show any judge a pattern of incompetence or willful neg here.
ONTRACK asked=>Did the CRA respond to each of your disputes by sending you the results of their "investigation", as required? I am pretty sure they did do this every time. I am still assembling my case and will make sure.
earlier... in the posts you wrote about trucredit merged credit reports that you check from. I am looking for a way to check my score often but without actually lowering it? Is that a small fee for an amount of time that you can constantly go back and update?
Did the CRA remove in response to a dispute thru the CRA, or in response to a dispute with the CA? If they removed due to a CRA dispute, then they should also have sent you notice on reinsertion, and they should have required that the CA specifically "certify" the accuracy before reinserting, as per FCRA.
