Jump to content

Consumer reporting agencies NOT Credit reporting agencies


farmer1955
 Share

The last post in this topic was posted 1003 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Recommended Posts

In 2017 my wife had a mini stroke which resulted in a roll over accident.  She suffered a broken back, ankle, leg, ribs and PTSD as a result.  Recently our auto insurance has notified us that they refuse to renew our policy based on a consumer reporting agency report that indicated the highway patrol believed my wife was drunk at the time of the accident because she couldn't talk or walk.  She went to court, it was determined that she suffered a stroke and the DUI was dropped.  She was NOT convicted of any impaired driving offenses. BTW.... My wife also suffered from head trauma which has resulted in loss of memory.  She is now fully disabled and only drives when necessary in a handicapped equipped vehicle.  She was unable to provide a breathalyzer as she had a collapsed lung upon removal from the vehicle.  However the report exists that she was impaired and they believe it was alcohol related...... Please help.  We are retired and can't afford this type of insurance.  My wife was 56 at the time of the accident with no priors on her record.

 

Now we are searching for a new auto insurance provider and want to locate one that does not pull reports from data miners (who often get things wrong) and will not use these consumer reporting agencies.  Can anyone advise me?

 

Link to comment
Share on other sites


  • Admin

Welcome to Creditboards!

We hope that you find what you're looking for here.

Some helpful tips:

  • Your post may not get a reply right away. Don't be discouraged, this is a very busy board. If it falls off of the first page, feel free to reply to your post yourself, with the word *bump* in the text. This will *bump* your post back up to the top of the board.
  • If you haven't yet, take a peek at out Newbies Section. Everything that you need to know is in that forum, for the most part. It's a lot of reading, we know, but this credit stuff can have a steep learning curve. In no time, you'll be posting like the pros!
  • If you find that someone is discourteous to you, use the REPORT button at the top right of every post - that will ensure that a moderator or admin looks at the post and decides if it is against the TOS.
  • Off -topic posts should go in the General Forum.

 

Again, welcome to the CreditBoards family!

CB Admin: LKH, Pam, radi8, :angel:breeze:angel: & MarvBear

 

Link to comment
Share on other sites

My first concern has to do with the source of the information being reported by the "consumer reporting agency".  Is it possible that the DUI citation is still reported on your wife's state driver's record?  Many states will allow you to pull a copy of this record online; please request an online report, or mailed report (if necessary), to confirm that the DUI is no longer reflected.  (If it still shows on her record, then you want to work with the court involved to remove it before proceeding ... but definitely advise your insurer that you're working on clearing the entry.)

 

If the record is clear of the DUI citation, I would get back in contact with your insurer (there's usually a period during which you can dispute the cancellation).  Explain the circumstances and ask if there is a means by which you can document that the police report was erroneous in order to seek renewal of the policy.

 

Please note that whatever the source of the report your wife received, any other insurer that you quote might also pick up a report of this record (and I don't personally know of a list of insurers who don't seek such reporting).  So your best move may be to document that the citation was cleared by the court and the specific reason the citation was voided.

 

You might request a written statement to this effect from the court involved, specifically asking that they ensure they detail the full circumstances.  You can also ask if they can provide a transcript of the court appearance.

 

You should also compile medical records related to the incident.  Most likely the hospital to which she was admitted did a full blood analysis which would document a negligible blood alcohol level.

 

Finally, upon request, your insurer should provide the name of the consumer reporting agency that supplied the information to them.  You should follow up with the agency to learn what record they pulled.  If it's something other than a copy of the original citation issued on the accident scene, you might contact the record source to see if it's possible to expunge the information (providing the documentation compiled above as justification for the request).

 

I'm very sorry to hear of this very unfortunate accident and the awkward consequences.  My very heartfelt well-wishes to you and your dear wife.

 

--> One additional thought:  The suggestions above involve a fair amount of footwork.  If, for any reason, you're uncomfortable with doing this yourself (or you run into any difficulty), you may wish to seek out a lawyer for counsel and assistance.  The expense of a lawyer may be advised in any case, should you meet resistance when you explore getting the policy renewed with your current insurer -- if they won't renew the policy, you may find that your only option by which to secure insurance with any carrier is through an "assigned risk" policy that will be much more expensive.

 

You can talk to friends/family to seek out a reputable lawyer, or take advantage of one of the many strong lawyer referral services.  Two such services that come to mind (assuming they have offices in your area) are AARP "Legal Counsel for the Elderly" and your State Bar lawyer referral service.   Google "<name of your state> legal referral" to find more information and contact information.

Edited by hdporter
Link to comment
Share on other sites

We've pulled her driving record and there is no impaired driving conviction.  The so called "consumer reporting agency" got this info from the police report which was written at or just after the accident.  The underwriters refuse to take a second look at our renewal stating that anytime they see the word alcohol on any report, it is an automatic no go.  We may just have to remove her from all policies.  
 

Link to comment
Share on other sites

I am very sorry for your wife's problems and the difficulty of maintaining her on your auto insurance,HOWEVER, in the long run you may find it much more economical (and safer) to remove her from your auto insurance. Any driving she could do in the future, even in a handicapped equipped car would be a needless risk to her, others and to your financial well being. ANY accident, even if she were not at fault could result in permanent cancellation of your auto insurance and possible lawsuits against you for damages, even if she was not responsible.

 

Have her take LYFT or UBER when she needs to go somewhere. 

Link to comment
Share on other sites

5 hours ago, farmer1955 said:

We've pulled her driving record and there is no impaired driving conviction.  The so called "consumer reporting agency" got this info from the police report which was written at or just after the accident.  The underwriters refuse to take a second look at our renewal stating that anytime they see the word alcohol on any report, it is an automatic no go.  We may just have to remove her from all policies.  
 

Thanks for this added information; it's very helpful.  Please take careful note of "Why Chat"s response.  I pay particular heed to his take; his head's on straight.

 

In line with Why Chat's reply, it's important to seriously consider the degree to which your wife's state of health poses added risk to her safety and that of others.  It goes without saying that "driving is a privilege, not a right".

 

However, if your fair assessment is that with appropriate equipment, your wife is fully capable of driving and not at any appreciable added risk vs any other driver (when factoring possible physical and mental impediments), I'd hate for an erroneous report to put you in this position without recourse.

 

To that end, I'd advise a basic attorney consultation to help you better grasp where you stand legally (both with the insurer and to better define the liability considerations that should be understood in the event of a future accident).

 

If you believe that her continued driving is reasonable and prudent after such a discussion, my advice is to seek out an alternative dispute mechanism with your insurer's firm that would prompt them to review their finding and risk decision.  What I have in mind is a resource that might be called a "Ombudsman" or "Customer Advocate".  Or, possibly, it might entail contacting their "Executive Office".

 

An internet search hopefully will suggest an appropriate avenue.  If you're comfortable naming the insurer, I or someone else likely can find the information as well.

 

 

 

 

 

 

 

Link to comment
Share on other sites

Sorry to hear about your wife's situation and I will not opine on what to do about her driving....

 

However I will tell you where your insurance company is getting the information about her accident and that would be from a C.L.U.E. Report: https://personalreports.lexisnexis.com/fact_act_disclosure.jsp

 

More info here: https://clark.com/insurance/c-l-u-e-report-comprehensive-loss-underwriting/

 

The C.L.U.E. report was originally created by our "friends" at Equifax.  When Equifax spun-off their Business Information Services division to become ChoicePoint, C.L.U.E. was part of the deal.  Eventually ChoicePoint was acquired by Lexis Nexis.

Link to comment
Share on other sites

The last post in this topic was posted 1003 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Similar Content

    • By sfenescey
      Monifi/Mid first bank closed my account,while I realize they reserve that right, they told me in 3 different written communications that I would have access to my accounts until the 17th of November when in fact they revoked that access o. The 10th of November. Customer service has been less than helpful and has given me conflicting information. What are my options for an expedited solution? There’s 10140$ in there that they transferred right before they froze it and they continued to pull money from another account after the blocked my access. Thank you 
    • By iadorebunnies
      Any explanation would be great. I thought to list a series of events would be better than some long paragraph. I have pics and proof for all events below. 
       
      Mid May: Ordered Vehicle (checked credit score showing 730 at the time)

      June 7: Toyota Financial Services received payment for old lease

      June 12: TFS closed account
       
      June 30: TFS reported to the credit bureau account closed on June 12

      Friday July 9: Credit was pulled by dealer (first of knowing of outstanding balance on a said closed account)Was able to get bumped to a Tier 2. (Nothing was reported nor sent to me that I had an outstanding balance)
       
      Monday July 12: called Transunion because their score was what was pulled that hurt the deal. Transunion said that they show nothing of delinquency on my report AND show no history of it being removed nor it ever being on there in the first place.
       
      Evening July 12: called Experian because no other apps were showing a tier 3 credit score. They also said they had no history of it ever being on my report. (Talked to about five differnent people) They put me on a callback list to speak to a supervisor. Associate had said supervisor was in a meeting and would call back.
       
      July 13: Called Experian again to figure what happened. Received notifications that my credit score had increased 66 points and delinquency was removed notifications on Experian app. (No certainty that it was removed from report because they said there’s nothing bad on my report. I guess I take their word for it??)
       
      Evening July 13: received a notifications from credit apps that Toyota Motor Credit has reported positive activity on a outstanding loan balance. Loan paid.
       
      July 14: Called TFS to request document to cross reference dates.
       
      July 16: Called TFS to speak to Toyota Motor Credit. Turns out there’s no one to speak to in that department. It’s the same as calling TFS. Called Experian again to ask why they are just now reflecting on my credit that I had an outstanding balance that was just closed on July 13 not what TFS sent which states that it was closed in June 12. Experian had told me that the account was closed in June but when I explained to them that’s not what I’m seeing in my emails and notifications, they became combative and hung up on me. No one can tell me how and why on July 9, a inaccurate mistake cost me money and no one can send me my credit report to verify that there’s no delinquency. TFS agree that someone dropped the ball (but not them) and is willing to send any and all reports they have on my accounts. All credit bureaus has yet to send me to any documentation of removal of alleged delinquency and I will never know what happen on July 9th that cost me money. I’m paying more than I should and I could’ve been out of $1k(nonrefundable deposit to order vehicle) because I will not sign a tier 3 deal. Who knows how long I would’ve been without a car in this market if that were true.
    • By allclear
      Please excuse the lengthy post... hopefully you guys can give us some guidance regarding an issue with Citibank and our Citi AAdvantage Platinum Select World Elite Mastercard. Here is the situation:
       
      Citi AAdvantage Platinum Select World Elite Mastercard
       
      We had a Credit Limit of $9,000.00
       
      On 9/23/2020 we made an electronic payment of $5,000.00. Due to financial complications resulting from the COVID-19 pandemic the payment of $5,000.00 was returned. 
       
      At no point were we informed by Citibank that the aforementioned credit card was closed. However we also did not communicate with Citibank.
       
      We dug ourselves out of our financial issues and called Citibank on 3/24/2021 in response to an email we received about making a payment. At this point our balance was $15,359.93
       
      The issues begin with the 3/24/2021 call:
       
      On 3/24/2021 we spoke with a Citibank Representative and arranged to make a payment of $6,360.00 to be processed on 3/29/2021 on the condition that once it cleared the account would be:
      1. In good standing
      2. Open
      3. The card would be active (meaning we’d be able to use it)
      We verified the above 3 conditions multiple times with the Citibank representative and they confirmed. 
      As a side note, I remember specifically giving the Citibank Representative I spoke with on 3/24/2021 an example of what my definition of open and usable was so there was no confusion.
      We also agreed to setup automatic minimum payments.
       
      On 3/25 we received a message from Citibank confirming that we had enrolled in autopay - no where in this message does it state that the account is closed. In fact it reads as if the account is open and in good standing. 
       
      On 3/29/2021 the payment in the amount of $6,360.00 processed, cleared our account and posted to Citibank.
       
      And in fact based on what the Citibank representative confirmed on our 3/24/2021 call we made an additional payment on 3/29/2021 of $4,000.00. We received an email from Citibank confirming this and again at no point did it state the account was closed, and again it reads as if the account is open.
       
      On 3/30/2021 after we confirmed both payments ($6,360 + $4,000) cleared with no issues, we checked our account to make sure the card was active - as the Citibank representative told us it would be. At this point we became worried and began calling Citibank.
       
      We spent at least 4-5 hours and multiple phone calls on with different Citibank representatives, none of which could give us any direct answers. Finally, after poking around on the internet and in message boards we found a number for the Citibank Executive Response Unit. 
      We spoke with a very polite and helpful Citibank Representative in the Executive Response Unit who opened a case for us. 
       
      At this point I sent multiple emails following up and outlining what had transpired on the 3/24/2021 call. 
       
      We never once received an email response confirming receipt of emails. Every-time I would have to call and confirm receipt. 
       
      At some point we were assigned a representative with the Citibank Executive Response unit. 
       
      After multiple emails and phone calls, they called us back on 4/12/2021.
       
      On the 04/12/2021 the rep politely told me she listened to all our phone calls with Citibank especially the call in question that took place on 3/24/2021. The rep acknowledged/confirmed the following:
       
      That the Citibank Representative I spoke with on 3/24/21, stated multiple times when asked by me (multiple times) if by making the payment of $6,360 it would bring our account; in good standing/current, open, and usable - the representative answered "Yes". She also acknowledged that in addition to answering "Yes" the representative communicated to me in other ways that by making said payment the account would be in good standing, open, and usable.   
      We expressed to the rep that Citibank should honor what they committed to on our 3/24/21 call: An open account, in good standing, and with a useable card.
       
      While polite and understanding the rep said there was nothing she could do. After we pressed her and explained we felt Citibank’s behavior was deceptive (We did not use the word fraudulent, although we believe it was) Tanya offered us a $150.00 statement credit, to which we declined. 
       
      On 04/12/2021 following the call with the Citibank rep we sent a follow-up email, confirming what transpired on our call. We called the Executive Response Unit on 04/13/2021 to confirm the email was received and forwarded to said rep - this was confirmed. 
       
      On 4/13/2021 we filed a complaint with the CFPB - that read similar to all of the above post. In addition we stated the following would be an appropriate resolution:
       
      For Citibank to honor what they agreed to on our 3/24/2021 call.
      Open our Citi AAdvantage Platinum Select World Elite Mastercard so it is usable again. Bring our account in good standing with all 3 credit bureaus  Maintain our Credit-line of $9,000.000  In addition, considering what we’ve been through we’d like them to make a goodwill correction with all 3 credit bureaus. 
       
       
      On 4/27/2021 we received a response from Citibank via email. Which basically stated there is nothing they could do, the account would remain closed, there would be no Goodwill correction with the CRA's, and that they would in fact report the account to the CRA's as "disputed by consumer".
       
      Also on 4/27/2021 we received an email from the CFPB stating that the company has responded. Status on the CFPB website shows "Closed Company Responded"
       
      And here we are today...
      What do you guys think? 
      Should we push this more? 
      Is there a way to escalate further?
      Any and all advice/suggestions/comments much appreciated!!!
       
      Thanks in advance!
    • By Diana2021
      Any advice is much appreciated! 
       
      I graduated with my masters in Aug 2020 and havent had a full time job since Dec 2019. My mom was laid off because of covid in March 2020 and I stopped making payments to credit cards after graduating from my masters (Sept 2020) because my student loans stopped coming and my mom could barely make her own mortgage payments. Since Sept 2020, Ive severely damaged my credit and am now in over $27k cc debt. 
       
      I've since moved to Europe and don't plan to come back to the US, at least not for several years, to pursue lower cost education here. 
       
      I don't know how to proceed with my cc debt because I've been told since my credit is already tanked that it wouldnt matter if I pay off my debt, attempt to lower my 23-25% interest rates on my 9 credit cards, or try to negotiate a lower payoff. 
       
      I work part time remotely for a client in the US but the work is random and not guaranteed. The most I've made since I started with her in Dec 2020 was $1100 a month. 
       
      I contacted a debt consolidation law firm in the US but they want to charge me a $750 retainer and then $600 a month for 36 months to pay off my cards. Im waiting to hear if they guarantee these cards will be paid. 
       
      No idea how to proceed and feeling overwhelmed because I want to do the right thing but Im drowning in interest rates and have called two banks to talk with them only to be yelled at and shamed. 
       
      Do you have any advice for me?
    • By TheDeansClub
      Trying to help a friend and thought I'd pose the question to the board as I do research here on best course of action.  I'm having a little trouble deciding on the best advice to give here...
       
      Backstory:  Financial hardship going back years.  Besides making some poor choices, extenuating circumstances exist... 
       
      ~3.5 years ago, 2 things converged - debtor decided to take highest balance and highest APR CC, and get Cap1 to zero-out the APR via 60-90 day late (thought that was the only way to get the offer).  Right before that ball rolled, Cap1 sold the account to a theretofore unknown CC Co.  Debtor decided to stick with the plan and on day 80-whatever, got the financial hardship, closed account 0% APR with the new CC Co.  Balance was $7K.  Fast-forward 3 years, this company supposedly sent 2 letters saying the financial hardship plan was expiring.  Debtor received no communication from them in the mail.  Received no email.  Company is claiming they sent them.  Company is saying the payment plan the account is under is no longer available and they've reinstated the original APR but did not reopen the account (at least to the debtor's knowledge they have not).  Debtor will not be able to manage under the reinstated APR (26%), balance is now ~$5K.  Debtor was under the impression that the payment plan was there until the account was paid to 0, as they closed the card - does not recall receiving any written confirmation of the payment plan terms, and it will take some time to dig through files (if they did provide something in writing, it is saved somewhere in a file).  Calling the company was bush league - seemingly no financial hardship department, agents who didn't seem to understand what options were available for financial hardship, could not answer whether the account was currently open or still closed, request to speak with a supervisor has so far gone unheeded - no returned phone call.
       
      What I'm trying to determine firstly is - what rights does the debtor have here if any?  Is there any recourse for not receiving notification of this expiration?  Currently there is no option to transfer the balance.  I'm unsure whether to advise for a flat "withhold payment and settle."  But perhaps it has come to this.  By all accounts there are no professionals to speak with via phone for this CC Co.  Maybe this is just a strategy of "best of bad options to dump this creditor and move on." 
       
      Appreciate help in brainstorming... 



  • Member Statistics

    • Total Members
      183,350
    • Most Online
      2,046

    Newest Member
    papernotea5
    Joined
×
×
  • Create New...

Important Information

Guidelines