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AtlantaGA

Things I've learned in 4 months on the battlefield...

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1) Save a copy of everything. Every credit report, every letter you send, every response you get. Did EX update something one way in August and another way in September? If you can prove it, you have them.

 

2) Don't dispute important things on-line or by phone unless it is clear-cut. You want a record of your dispute and you want their response in writing. Don't accept dispute results on-line from EXP.

 

3) If you give the CRAs enough rope, they will hang themself. Be meticulous and methodical and you will catch them on provable violations.

 

4) Don't underestimate the value of disputing directly with the OC, like the CROs do. At least a third of my deletions have come from disputing directly with creditors. Nutcase letters do work.

 

5) Equifax will not provide verification procedures. Keep a good record and they will violate every time.

 

6) Experian will send you 'was previously verified' letters out the wazoo. The letters do not meet the requirements of 611 (a) (3). Each one is a violation. Their verification procedure statements (if they send them) are easily attackable as well. Experian will frequently allow disputes to go over 30 days or release the results and then change them afterward. Keep good records and use CMRR.

 

7) TransUnion will send you a CRO letter even if you tell them you're not using a CRO. Each one is a violation.

 

8) Equifax tries to do a good job; Experian doesn't give a chocolate. TransUnion is just plain incompetent.

 

9) None of the CRAs follow the requirements of 611 (a) (5) (B) for re-insertion of deleted material. Keep a watch and you will catch them.

 

10) CRAs don't care about your side of it, and they don't care what evidence you have. Unless the OC says it, it's worthless. This is a clear violation of 611 (a) (4), but they'll risk the suits to keep their customers happy. The OCs PAY the CRAs to report the information. They are more worried about offending their customers than they are about getting sued by a consumer.

 

11) OC's don't want to be involved in your suits against the CRAs. If you file suit against the CRAs and start sending subpoenas to the OCs to get their records of the disputes, things will start disappearing in a hurry.

 

12) Impatience can make you reckless. Take the time. Consider every comment you make to a CRA.

 

13) There's no need to spend more than 6 months disputing things with the CRAs, unless you're trying to catch them on violations. After two to four rounds, you're going to get stonewalled, expecially by TU and EFX. If they don't fix it after a few months, you're going to need to litigate. Don't threaten to sue unless you're ready to strap on a stainless steel cup and go into battle.

 

13) OCs will almost never validate. If you ask for proof the account is yours, they will almost never provide it. They don't want to be liable for sending you wrong information or someone else's information. Find a person at an OC to target. An individual will likely delete the listing to make you go away.

 

14) CMRR sent priority costs $7.90 each.

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Very good points and lessons....

 

the only one I'd take issue with is number 8

 

TU will delete anything but an inquiry without so much as giving it a second thought...

 

EX is incompetant

 

Equifax is purple, stubborn stupid, nonsensical, and generally a pain in the butt with their off-base reporting methods....

 

B)

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here is my take on the CRA's.

 

TU is composed of incompetant boobs whose favorite trick is the blowoff by CRO letter.

 

EX is pure evil. Everything they do is carefully crafted to blowoff consumers and cover their tails right down to the procedure requests and the lack of a postmark on the envelope. They are also the only CRA that will respond to a legal threat with a blowoff letter.

 

EQ loves to use the ole' "we don't know its really you so we are not gonna investigate trick" If your lucky enough to get around that, they will actually investigate. On the first round anyway. On later rounds they just auto verify and kick out a new credit report. Also they are THE worst for reinsertions.

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No 13 is the truth. Had a situation with the GM card issued by Household. I have been disputing it as not mine for two years. I wrote them several letters to send me a copy of the original credit application. I knew darn well that they did not have it because the account was opened back in 1992. Had to go through planetfeedback.com and only then was I sent a letter from GM saying that they do not have the original application and are therefore deleting the charge off from all three credit bureaus.

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I would also suggest that EVERYTHING be sent certified mail return receipt requested with the following stated in your correspondence

 

SENT CERTIFIED MAIL RETURN RECEIPT REQUESTED NO.

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Atlanta that is great information, everyone keeps saying watch for violations from CRA and never say what the violations could be. From your post I have been violated many times, disputes running over 30days, 3rd party repair lettes, already investigated letters, when the information on my reports are almost all wrong. The only thing that was right was a collection from a gym. The rest over 20 account have been reaged, listed as in collection or charged off when all have been paid off by consolidation over 4 years ago. My account should expire this year but they poushed back till next your and even 7 more years. Im sick of the games and they have one more round of disputes before I get in deep.

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I enjoyed your post. Now that you catch the CRA in their illegalities--what do you do to get your info deleted. (You said not to threaten suit--without your armor.)..and who can afford a lawyer to sue all these peeps, when you're already in debt?? So I guess I'm asking, "What's the next step."

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Ive found that First class letters is just as fast for me as priority, so I would see if its just as fast for you before you spend the extra cash for the same service

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One other thing I've learned:

 

You can "catch them" all you want, tell them you caught them, and 9 times out of 10 they don't care or change anything. This is true of CRA's and OC's. CA's will usually get out of the way when they screw up because it's usually a FDCPA case....that little extra law goes a long way....

 

Litigation is the only way to make them listen. And quite frankly that doesn't always even work. I've had a IFP order sitting in front of a federal judge since the end of March with no ruling. Go figure....The damn accounts will hit the 7 year mark and fall off before this gets settled....

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I've been reading people complaining in thread after thread about the CRA's behavior, how this CRA did this, etc. etc.

 

Why aren't more people suing?

 

I'm going to send exactly one dispute letter, one follow up and one ITS. I've already done #1 and #2. Then I'm suing for real. Why aren't y'all doing the same?

 

- are you afraid? (because the accounts are really yours)

-are you too busy?

- are you confused/intimated by courts?

- are you stymied by the CRAs bumping to federal and delaying?

 

i'm curious why more people aren't doing it. In this country, the only way to get someone to respond who's blowing you off or who has wronged you is to 1) threaten them with force (illegal) 2) threaten them with a lawyer (legal).

 

we can get into the intracacies of every CRA's behavior and why they do what they do and how they act and why they do this... but in the end, if they violate the law you should sue them.

 

shouldn't we?

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sidney,

 

I believe if you do a search for "lawsuit" you will see that alot of people have followed through with there threats of action.

For the rest of us, ok, for myself, I can say that the ONLY reasons that I would not file(right now) and DON'T:

 

#1-I ain't gots me no law-ya (Good Luck finding one that knows consumer law, thinks you've got a case, and will take it on contingency...)

 

#2-Oh and I can't prove any actual damages-(Well I can, but not which TL was the cause--

'Cause I got so damn many negatives my folder of CRs, make me want to become a book binder in my next life!)

 

#3- (This one I just threw in cause the list didn't look long enough...)

Besides, When! Yes, not IF when, I do get to that point...I want to know exactly what the hell is going on when the judge says" Based on the evidentary documentation that substantiates your accusations of willful non-complience Ms. Goodperson, this court rules in your fava' and you will receive $200k, for the actual damages sustained and for the major stress these bastages have put you through. It surprises me how much torture the human soul can endure and still remain sane.... :shock: "

 

 

 

:twisted:

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Well, I myself haven't documented my actions well, but this post has certainly inspired me to do so.

 

BUT, I'm wondering, perhaps we can keep a "sticky" post of people who HAVE kept good records. I don't suppose anyone knows a lawyer who'd be willing to start a class action suit?

 

-M

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Mike,

 

Here's a good link for getting organized and what others have done about it

http://www.creditboards.com/phpBB2/viewtop...ganized+records

I think almost ALL lawyers are willing to take Class Action= more money for them. The only big problem I see is that you need the initial Plaintiff to have actual damages caused by a similar damaging action I believe, and that person who has the actual damages and others with them need to be willing to do the class action, which will result in less money to the individuals, cause the more people the less money they will receive...but not 100% on that just IMO here's a link anyway

http://www.bigclassaction.com/

 

Good Luck

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Three Things I've Realized Since the Start of this Thread:

 

1) I'm addicted to CreditBoards.

 

2) I've a growing fear that some of the positive changes I've made to my CRs (deletions on charge-offs, lates, EQ inquiries) could be all for not if they just arbitrarily start re-inserting stuff with no notice.

 

3) I've used On-Line disputing pretty exclusively (except for Equifax hard inqs disputes by phone) and now I'm scared that I did not keep good enough records of that activity. I've had pretty good luck with it, with a good amount of deletions, but now I'm mildly freaking out a bit.

 

:puke:

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