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cherylb18

CFPB complaint for BK. Where to go from here?

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Hi everyone, 

 

I've been fighting a bankruptcy chapter 7 for almost a year and got it off LexisNexis, Experian and Equifax but TransUnion is growing to be a thorn in my side. 

 

The bankruptcy is from 2014, and I am disputing the accuracy on dates, file/case number, and address. I've sent about 3 letters requesting all the investigative material after they sent me the standard "verified" letter. Obviously they keep sending me a copy of my report with the same "verified" remark so I filed a complaint with the CFPB, attaching all letters I sent, as well as a letters from the bankruptcy court, copy of my LexisNexis report showing no bankruptcies in it, as well as the responses received from TU after each letter. 

 

TU sent the following response to my complaint:

We have reviewed your complaint along with the information you provided regarding this issue. As a result of our research, on [DATES], an investigation was initiated into USBK Court Eastern New York #XXXXX per your requests. In response to the investigations, the disputed information was verified or updated accordingly and the results were forwarded to you for review. On [DATE], an investigation was initiated into the USBK Court Eastern New York XXXX account appearing on your TransUnion credit report per your request. At that time, a letter was forwarded to you advising that our records show that we previously completed an investigation into the identified item and that the data furnisher verified the information as accurate on your credit file. Please note that TransUnion has verified that the bankruptcy information reported in your credit report accurately reflects the public record of the United States Federal Bankruptcy Court, and is currently reported on your credit report as permitted by federal law. The Fair Credit Reporting Act allows: Bankruptcies to be reported for 10 years from the date of filing. However, it is TransUnion’s policy to report discharged or dismissed Chapter 13 bankruptcies for seven years from the date the bankruptcy was filed. Voluntarily dismissed bankruptcies, regardless of the chapter filed, are reported for seven years from the date the bankruptcy was filed. Therefore, as permitted under federal law, it will remain on your file until 2/4/2024. In addition, on [DATES], letters were forwarded to you advising of TransUnion’s Investigation Procedure per your requests. The current mailing address you provided with your complaint, is not listed in our records. If you would like for TransUnion to update your current address, you must submit copies of two (2) of the qualifying documents listed below to this address: P.O. Box 2000, Chester, PA 19016-2000. Electronic statements printed from a website cannot be accepted for proof of address. Driver’s license or State ID card (current and unexpired). Pay stub, Bank/credit union statement or cancelled check, College letters (campus housing), Government issued ID card, Medicaid/Medicare cards (if address is present), Stamped post office box receipt, Utility bill (water, gas, electric, or telephone). Or one (1) of the following: Signed letter from homeless shelter, Prison identification letter. When providing proof of your current mailing address, please ensure; Bank statements, utility bills, cancelled checks, and pay stubs are not older than 2 months. PO Box receipts and signed letters confirming residency are not older than 1 year.

 

Any advice about how to go about this?

 

Thanks :)

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36 minutes ago, hegemony said:

what did the BK court say when you asked in writing if it verified for TU?

They sent me a letter stating that they do not verify information the the credit bureaus. (the letter is from March)...don't know if I should ask for more recent letter. 

Also, I removed the freeze from LN because the report is now clean.

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TU uses PACER. Once it's been verified they will never remove it regardless of whether LN later shows clean or anything else you happen to change in the future. Unless you can get the case sealed and it disappears from the court records, you're not getting them to remove it. 

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24 minutes ago, shifter said:

TU uses PACER. Once it's been verified they will never remove it regardless of whether LN later shows clean or anything else you happen to change in the future. Unless you can get the case sealed and it disappears from the court records, you're not getting them to remove it. 

hmmm I received an email from PACER:

PACER does not directly verify federal case information to third parties by phone, fax, or email.
The PACER service was developed by the Administrative Office of the United States Courts and is maintained by the Court Services Office, Programs Division, which manages the electronic public access program for the Federal Judiciary. Consumer bankruptcy information is publically available online to registered users of PACER.

 

I was under the impression that, regardless of how they verify it, if I ask for the investigative material they should send me something [according to 611 (a)(B)(i)(ii)]

 

Also, when I check TUs website it sites LN and LCI as data furnishers https://www.transunion.com/legal/public-records

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6 hours ago, cherylb18 said:

hmmm I received an email from PACER:

PACER does not directly verify federal case information to third parties by phone, fax, or email.
The PACER service was developed by the Administrative Office of the United States Courts and is maintained by the Court Services Office, Programs Division, which manages the electronic public access program for the Federal Judiciary. Consumer bankruptcy information is publically available online to registered users of PACER.

 

I was under the impression that, regardless of how they verify it, if I ask for the investigative material they should send me something [according to 611 (a)(B)(i)(ii)]

 

Also, when I check TUs website it sites LN and LCI as data furnishers https://www.transunion.com/legal/public-records

 

You will not win.

 

PACER is a public database that anybody can use to lookup your BK, as well as any other federal judicial action you have been involved in.  As long as your BK is on PACER, and TU claims they have searched PACER, you are SOL.

 

I doubt LexisNexis has deleted your BK.  LN has many different services and some you have never even heard of.  They might have deleted the BK from one or another, but not all.  Never all.  That data never dies.

 

The CRA is under no obligation to provide you any investigative material.  All they need to give you is:

 

"... a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available; ..."

 

They told you they verified via PACER.  Game over.  

 

The next step TU could take is to declare all your future complaints as frivolous and / or put you in Special Handling.  

Edited by PotO

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