Dispute with Data Furnisher

[EarnIt]

This is my first letter to a Data Furnisher for inaccurate reporting. Please review and provide comment.

 

Thanks,

EarnIt

 

P.S. Giving credit where credit is due, I used a thread from Jen23514 as a starter. http://creditboards.com/forums/index.php?s...=341108&hl=

To Whom It May Concern:

 

On 9 April 2008, Your CA sent a letter in reference to account XXXXXXX claiming a debt owed in my name to The Original Creditor. On 29 April 2008 I responded to your letter via my Certified Letter # xxxx xxxx xxxx xxxx xxxx. Please note that under the Commonwealth of Pennsylvania’s Fair Credit Extension Uniformity Act (FCEUA) and the Fair Debt Collection Practices Act (FDCPA), my dispute was timely as it was within the 30 day window designated for disputing an alleged debt.

 

Subsequent to the above, Your CA sent to me without cover letter three pages that appear to be a computer print out. I can only conclude that Your CA intended this to be proper validation as prescribed by the FDCPA.

 

I do not believe your attempt at validation satisfied the intent of the statute because, had you exercised due diligence and contacted The Original Creditor, you would have learned that this debt was satisfied directly with them prior to your inadequate validation. You should also know that I have copies of the check sent that clearly detail when the check was issued and the date the check was deposited by The Original Creditor. These dates clearly show that any monies owed to The Original Creditor were satisfied prior to the commencement of “our relationship.â€

 

In May of 2008, after my timely dispute and your inadequate attempt at validation of a debt previously satisfied, Your CA began reporting what I believe to be knowingly inaccurate information to the three major credit reporting agencies (TransUnion, Experian, and Equifax) in clear violation of the Fair Credit Reporting Act (FCRA). This inaccurate reporting also constitutes a false and misleading representation of the debt under the FDCPA and the FCEUA.

 

On 2 November 2008, I disputed your inaccurate reporting of a debt, that I again will note was satisfied with The Original Creditor prior to your inaccurate reporting, with the three major credit reporting agencies, TransUnion (Certified Letter # xxxx xxxx xxxx xxxx xxxx), Experian (Certified Letter # xxxx xxxx xxxx xxxx xxxx), and Equifax (Certified Letter # xxxx xxxx xxxx xxxx xxxx)

 

To date, the three credit reporting agencies have responded to me via letter that Your CA has verified information with them (TransUnion, Experian, and Equifax) that Your CA should know is inaccurate.

 

As a data furnisher to credit reporting agencies, Your CA has an obligation to report and provide accurate information. The specific items disputed (as notated below) are not accurate and I dispute your reporting of this information as allowed under 15USC1681s-2(8)(D).

 

• The amount of $xxx.xx is due your company

• That I have a balance of $xxx.xx past due

• That I have an alleged debt payable to you

• That I have a past due balance payable to The Original Creditor

• That I have agreed to terms of 1 month with your company

• That this debt is not in dispute

 

In each of the line items above, Your CA is making false representation of this alleged debt, as defined in 15USC 1692e(2)(A).

 

To cure this dispute between Your CA and myself, I must insist that your company remove all notations of this account to any and all credit reporting agencies to which Your CA is currently reporting, as is required by statute. Failure to comply with my reasonable request within 15 days of receipt of this letter will necessitate the escalation of this matter by me.

 

Please be advised that I am forwarding copies of this letter as a formal complaint of Your CA to the Attorney General for the State of Ohio (Nancy Rogers) and the Attorney General for the Commonwealth of Pennsylvania (Tom Corbet).

 

Sincerely,

ME

 

CC:

Nancy H. Rogers

Attorney General of Ohio

State Office Tower

30 E. Broad Street, 17th Floor

Columbus, OH 43215-3428

 

CC:

Tom Corbet

Attorney General of Pennsylvania

Pennsylvania Office of Attorney General

16th Floor

Strawberry Square

Harrisburg, PA 17120

[EarnIt]

bump

[EarnIt]

bump

[Jen23514]

am reading..... need to look up one thing and brb.... but overall... LOOKS VERY GOOD!!!!!

 

Did you dispute this with the CRAs only once?

After they sent you the 3 page printout, is this the first response or was there other communication?

[EarnIt]

Thanks for the read Jen, I was hoping you would read this.

 

Did you dispute this with the CRAs only once?

After they sent you the 3 page printout, is this the first response or was there other communication?

 

To clarify,

 

I DV'd within the 30 days. They sent me the 3 page print out (basically a print screen). I disputed with the CRA's. The CRA's verified. I have had no other communications.

 

The lynch pin as I believe to my entire arguement is the cancelled check that I have showing the debt was paid and they have now verified it as unpaid with the CRA's.

Edited November 15, 2008 by EarnIt

[Jen23514]

you're right... it's a good argument.

 

are you willing to sue over this?

[EarnIt]

you're right... it's a good argument.

 

are you willing to sue over this?

 

Yes, but I would rather have the deletion. I don't want to many filings at one time.

[Jen23514]

you're right... it's a good argument.

 

are you willing to sue over this?

 

Yes, but I would rather have the deletion. I don't want to many filings at one time.

 

I understand, I'm just a fan of "if oyu make a threat, you better be willing to follow through with it"

[EarnIt]

I agree. If I need to sue them, I will. They won't be able to claim error after I send them this letter. In fact, I am fairly certain their misconduct will be seen as willful. Which if I am not mistake, opens the door for all kinds of pain to them.

 

15 U.S.C. 1681n (a)(2) such amount of punititve damages as the court may allow; and

15 U.S.C. 1681n (a)(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

 

I put all of the background into the letter so that if I need to get a lawyer, it is already laid out.

Edited November 15, 2008 by EarnIt

[Jen23514]

proving "willful" negligence and their unwillingness to work with a consumer is key IMO

[EarnIt]

Jen, thanks again for the read through.

 

If their are no comments from you or other CB members, I will put this in the mail Monday morning. I will update once I know something.

[EarnIt]

Update:

 

The letter was received yesterday. Based upon TC, the TL as of today has dropped from Equifax and Experian. I verified the Experian backdoor and it is gone from there as well. Hopefully, it will drop off of TU in the next day or so.

 

[EarnIt]

TransUnion was deleted as of this morning.

[Jen23514]

my method works better for you than me! haha

 

CONGRATS!

 

[EarnIt]

my method works better for you than me! haha

 

CONGRATS!

 

 

What? You didn't have much success? Say it ain't so Joe.

 

Actually, in this case, I honestly believe that the CA knew I had satisfied this debt with the OC and they were trying to be "cute". The threat of legal action with dated documents (canceled checks get them every time) that may have proven willfill misconduct was enough to make them blink.

 

This is just the icing on the cake for me. Yesterday was a very good day. I retained a lawyer (contingency actually) to go after my first CA in fed court, I settled with Chase for 35% on almost $10K of debt and then I check the reports last night and saw this.

 

Oh, the high's and low's of the credit fight. Yesterday was most definitely a high. Lets hope the next low's are so bad.

[Spottydawg]

Congrats Earn on getting the delete!! That is awesome!

[Jen23514]

my method works better for you than me! haha

 

CONGRATS!

 

 

What? You didn't have much success? Say it ain't so Joe.

 

 

I've done this letter dozens of times and am batting about .600. So, better than half.

 

In all honesty, at this point, anything that is left on my report needs to be sued over for multiple reasons and once I get past finals and the holiday season, I will tackle that.

[EarnIt]

my method works better for you than me! haha

 

CONGRATS!

 

 

What? You didn't have much success? Say it ain't so Joe.

 

 

I've done this letter dozens of times and am batting about .600. So, better than half.

 

In all honesty, at this point, anything that is left on my report needs to be sued over for multiple reasons and once I get past finals and the holiday season, I will tackle that.

 

I'll take a 0.600 batting average any day of the week. I still have to figure out how to get CO's from AMEX, BOA, Chase, and Nat City off of my reports. BOA has verified and updated (darn, darn, darn) to all three. Amex is in the wash presently.

 

Thanks again for sharing this letter. I could not have gotten this deletion without you. And, good luck on finals and what ever other endeavors (suing CA's ) you tackle next.

[jack1212]

Awesome.

 

I had never seen this til now.

 

TTT,

 

Jack

[clambert1273]

my method works better for you than me! haha

 

CONGRATS!

 

What? You didn't have much success? Say it ain't so Joe.

 

 

I've done this letter dozens of times and am batting about .600. So, better than half.

 

In all honesty, at this point, anything that is left on my report needs to be sued over for multiple reasons and once I get past finals and the holiday season, I will tackle that.

 

I'll take a 0.600 batting average any day of the week. I still have to figure out how to get CO's from AMEX, BOA, Chase, and Nat City off of my reports. BOA has verified and updated (darn, darn, darn) to all three. Amex is in the wash presently.

 

Thanks again for sharing this letter. I could not have gotten this deletion without you. And, good luck on finals and what ever other endeavors (suing CA's) you tackle next.

 

You were smart my dear Jen has helped me TONS - she is a smart cookie lol We have become pretty good friends over the last year... I took the same letter you did from her and wrote it to my situations (being in Cali I have some strong guidelines) and have used it in the past. Like her, it worked some and others just ignore anyway but I think those would ignore regardless.

 

I am totally glad it worked for you Jen and I both get frustrated lol

 

TY to Jack for finding it and bumping it.. mine is WAYYY back but I have the original bookmarked from her

[Reset teh Record]

Awesome. Great job all. I may use a variant on this theme for an account of mine that is persistantly reporting incorrectly on one cra and not the others. Thanks for sharing this.