What if....

Discussion in 'Credit Talk' started by KHM, Mar 7, 2002.

  1. KHM

    KHM Well-Known Member

    Equifax and TU verify that repo of hubbys? I disputed with both CRA's a little over a week ago, and I got the letter faxed to me from the CA on Tuesday. The letter said it is going to be mailed to the CRA's. Obviously if I have this letter in hand the CRA's SHOULDN'T be able to verify, but we all know that's not always the case. Should I send the procedure request or just go straight for the throat? Hubby has 2 negs (other than this on his report) and 3 left on TU. Would this be bargaining power for a clean report?
     
  2. bobbidk

    bobbidk Well-Known Member

    Sounds like a plan to me! Give it a try, you have all the paperwork you need to get it done.

    Good luck!

    Bobbi
     
  3. KHM

    KHM Well-Known Member

    Thanks Bobbi....
    anyone else with thoughts or comments?
     
  4. PsychDoc

    PsychDoc Well-Known Member

    This is exactly the kind of leverage I used when successfully suing the 3 CRAs -- creditor letters which directly contradicted what the CRAs claimed. CRAs hate evidence, lol. Basically, with that letter in hand, you win no matter what happens. Either you'll win the inexpensive way (the CRAs delete the tradelines like they're supposed to do), or you'll win the still-cheap way (you file low-cost small claims lawsuits against the CRAs). Way to go!

    Doc
     
  5. KHM

    KHM Well-Known Member

    Doc-
    If they do verify, should I send the procedures letter, or do I pretty much have them where I want them, without doing this step?

    Will this one letter help with me getting the other negs. deleted, or would I need more proof of other violations.
    Ok what I'm trying to say is, if I called and said hey, I have a letter dated 1 week after my investigation began stating to delete, yet you verified 2 weeks after *I* received the letter, would they just delete that account?

    OR...
    Should I NOT call and file a small claims lawsuit for ONE little violation on each CRA, and offer to settle for deletion of all negs.

    See I always thought that you can only settle for deletion of the account(s) you are having problems with, not with ALL neg. accts. if your problem was with only one account. Catch my drift?
     
  6. PsychDoc

    PsychDoc Well-Known Member

    Hey, KHM, here's my stab at your two questions. Perhaps others have opinions that differ.

    As for whether you should send a procedures letter, my answer is "not if you may end up bringing a lawsuit against them." You don't want them to come up with an excuse that says "Millie Jones at Credit Collectors, Inc. verified this account" (even if Millie mistakenly did it because they hadn't yet entered the manual revisions into their general database or whatever). Instead, you want to blame the CRA for what is "clearly a willful and malicious violation." Basically, it's your contention that the CRA vindictively verified something that is impossible to verify. Don't ask for a letter that lets them come up with an excuse. You've already got 'em by the cajones -- a letter from the creditor which contradicts by two weeks the CRA's ability to verify. :) That's enough.

    Second, as for whether you can negotiate other deletions as part of a settlement, that worked for me with Equifax. Trans Union was tougher. I can't comment regarding Experian. :) I do think, though, that as a general rule it will help you if you can document multiple FCRA violations rather than just one. When I negotiated multiple unrelated deletions with Equifax, I did have them already on several other FCRA violations. Collect additional violations if you can, and then go get them.

    Doc
     

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