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andie

TU - This one is good - please help (long - sorry)

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I apologize for asking so many questions lately. I am just knee deep in this stuff and I really need some help.

 

I'll try to make this quick.

 

There is a finance company account on my TU report. It is not mine. Really. I have contacted the company and they have told me that they have no record of my name, SS#, or the account number on the TU report. The company has changed hands since this was placed on my CR in 1998, because they now even have a different name than what is being reported by TU, but the same mailing address and telephone number. However, of course, TU keeps "verifying".

 

Keep in mind that I did not find this board until a few days ago and I have learned so much, so I probably did not follow the steps that I should have :roll: but it is too late to go back. So here is what I have:

 

5/02 Sent dispute with TU.

6/02 TU verified.

7/02 Disputed again, thinking maybe they made a "mistake".

8/02 TU sends me their "frivilous" letter saying that they would not investigate it again.

8/02 I sent another letter. telling them I had contacted the company and that they said the account is NOT valid and they did NOT verify, even told them to call the number that they have and ask to speak to the manager. I even gave them the lady's name.

9/02 They send me another "frivilous" letter saying that it has been "previously verified."

10/02 Sent procedural request.

11/02 Their response? An updated credit report with "previously verified".

12/02 Sent a letter to them stating that I intended to file suit against them if it was not deleted within 30 days.

1/03 Got response in the form of a credit report and DRUMROLL PLEASE... It was VERIFIED, NO CHANGE.

 

Because of working waaaaay too many hours and just not having enough time to pursue it, I let it fall by the wayside... but NOW I AM READY!

 

I called the finance company today and the manager there said there is no way they can say that it was verified, because it was NOT and that they will put that in writing on letterhead for me.

 

How can I make this all work to my advantage? This account IS NOT mine. It is not my job to prove it to them, but I CAN prove it. However, I would like to use this for some leverage, especially since there is no chance of somebody coming after me for $$$ on this one.

 

I'm open to all suggestions. Thanks, guys.

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Thanks knoxpk. I also just read Marc's post on suing CRAs.

 

I'd love to hear from anyone who has been able to settle with a CRA before filing a lawsuit.

 

Thanks again.

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Thanks for the link, Doc!

 

Just by reading what I have posted as to the steps I have taken with this, do you guys think I have something here?

 

What do I need to do next? I have already threatened to sue them, and they completely blew me off. Is there a certain person I should contact at TU? Do I need to send copies of all the responses from them? How should I word this to let them know that I mean business? I really do not want to sue. I would much rather have a clean file than cash. How do I let them know that I want more than just deletion of the disputed item?

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Radi8 has the name of someone at TU that can help. If that doesn't work, then yes, absolutely, sue them.

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Dear Trans Union;

I have given you five opportunities to correct invalid information on my report. Each time you have either verified non-existent information, or refused to investigate at all. I warned you previously that I do not intend to play around with this any longer.

I have in my posession documentation that the account that you have verified as accurate does not in fact exist at all, and that no verification request has ever been received.

You obviously have no proceedures in place to prevent inaccurate reporting, and have made no attempt to correct your errors after they have been pointed out.

Therefore, 48 hours from now, I intend to file suit against you for these and other violations of federal law. I will file for statutory damages as well as actual damages and legal fees.

After judgement is awarded, I will immediately notify Dun & Bradstreet

of the judgement against you and begin the process of attaching property as necessary.

 

You may contact me within 48 hours should you wish to settle this before

filing.

 

Andie

cc: your lawyer

 

 

Wait for the call, then suggest that since their "verification" is so poor, the only way you will drop the suit is if they delete all inaccurate info on your report. Then give them the accounts to delete.

 

If they don't call, then file. They are in the wrong. Dead wrong.

Getting served will get them to find the phone.

 

This is nearly an exact copy of the letter I sent TU. They pretty much blew me off over the phone, but did listen to the "other" accounts that were not accurate. next day the accounts were gone.

I never had to file.

 

 

 

Any one else have any thoughts?

 

 

-Radi8

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Forgot to add,

I emailed it to Don Richman. Yes, I know that he no longer handles this stuff. But, the fact that it crossed his desk and he read it may have helped. He forwarded it on to the "right" departments.

 

Also sent a copy PFB just for the hell of it.

 

drichman@transunion.com

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You silly! If people didn't ask questions, we wouldn't have a board. :)

 

I apologize for asking so many questions lately. I am just knee deep in this stuff and I really need some help.

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Radi8 has the name of someone at TU that can help. If that doesn't work, then yes, absolutely, sue them.

 

The person who ultimately handled it is shellanda craig

scraig@transunion.com

 

But, the more I think about it, the more I'd go with letting it cross Don Richmans' desk.

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Thank you all so much... and thanks, Radi8, for the letter and the contact info. Before finding this board, I had been disputing using a book I bought at B&N and getting absolutely nowhere with that guy's... I should have saved my $19.97! You all have a wealth of knowledge that you cannot put a price on. 8)

 

I remember a couple of years ago, I was literally sick with stomach ulcers... I am sure it was from worrying about my bills. I soooo wish I had known then what I know now.

 

I cannot thank you enough! :)

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Andie, you are soooo right! The shared knowledge and moral support does wonders. It's dynamic - if they change what they are doing, we tell each other. If something doesn't work, we figure it out and change our method. A book just can't do that. And a book doesn't help at 4AM when you wake up shaking and can't go back to sleep - then you need someone who understands, and can reassure you.

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DAAAAAMMMMMMNNNNNnnn

 

 

I luv this board...chocked full of GREAT resources!!

 

It is awesome how radi8 got all derogs removed with this! Multiple birds with 1 stone.

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ALSO...I read an interpretation of FCRA from someone who said that CRA's are not liable for reporting false info as far as libel and defamation...wouldn't this case prove that info to be wrong?

 

Also, if you are denied credit because of this account (and you must prove it is because of this info) you have libel issues. Instances where people lose a refi at the last minute, etc, because of stuff like this happens all the time.

 

Anyhow, won't ramble any longer.

 

Nik

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DAAAAAMMMMMMNNNNNnnn

 

 

I luv this board...chocked full of GREAT resources!!  

 

It is awesome how radi8 got all derogs removed with this! Multiple birds with 1 stone.

hehehe,

 

Radi8,

 

"it appears the student has surpassed the teacher"

throw me a pm update sometime. k?

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ALSO...I read an interpretation of FCRA from someone who said that CRA's are not liable for reporting false info as far as libel and defamation...wouldn't this case prove that info to be wrong?

 

 

 

Nik

I would suspect that this would be hard to prove in court, and only a jury might see the reporting as defamation.

 

Remember, Richardson v. Equifax clearly states that CRAs almost always violate "failure to maintain reasonable procedures to ensure accuracy", once you indicate that they are not reporting a tradeline correctly, and you have pointed this out to them. Do your caselaw research on this.

Very powerful!

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DAAAAAMMMMMMNNNNNnnn

 

 

I luv this board...chocked full of GREAT resources!!  

 

It is awesome how radi8 got all derogs removed with this! Multiple birds with 1 stone.

hehehe,

 

Radi8,

 

"it appears the student has surpassed the teacher"

throw me a pm update sometime. k?

 

Nothing here that I didn't learn from a certain "humble" someone.

Still owe you dinner, btw. :)

 

 

 

-Radi8

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I didn't add that by applying and being denied for credit would, in some instances prove some kind of libel, not to mention the fact is someone has other negative effects...limit decrease, raised interest rates, etc. These would be provable damages.

 

I brought this up because of a libel suit, along with other violations, I was going to file against one of the cra's. They just deleted last week. It was the whole bk reporting on a cosigner deal. Took a while, but 3 accts reported as inc in bk were removed completely.

 

Thanks HM!! Luv your work.

 

Nikki

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You do realize that this thread has had no posts in over 3 years?

 

but damn its a good one.... thanks whoever bump'd it... good caselaw examples... BM!

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subscribe = sign up to be notified when there are new posts to a thread. it's a common misconception that you have to post in a thread in order to do this. actually, you can go to "options -> track this topic" at the upper right of the first post

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subscribe = sign up to be notified when there are new posts to a thread. it's a common misconception that you have to post in a thread in order to do this. actually, you can go to "options -> track this topic" at the upper right of the first post

 

 

It seems that each time I submit a procedural request to Trans Union all I get is a letter that "verifies", with no hint of how they verified.

 

Now I am getting a frivolous letter and still no reply to my procedural request. Isnt that a violation of my right to know how and who?

 

Any suggestions how to respond to this frivolous letter?

 

I am disputing a BK and have no IIB's on my TU report. I thought it would be easier to remove that way.

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