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Wyndo

Proving a Case - How?

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I recently sent a letter to Trans Union (I've been "dealing" with them for more than 2 years now, and everything is corrected and cleaned up except on "judgement" entry showing with a date from 5 and a half years ago). I've disputed this as "not mine" and it was removed from all but Trans Union... who has "verified" it 3 times (at least). I called last month and requested that they send me details on how this was "validated" as mine (I posted a topic about this here not long ago). Well, the lady said they were under no obligation to give me that information. Ha! She did say that somebody "went to the courthouse in person" and she rattled off the number to the courthouse. I told the lady I was requesting this be mailed to me in writing. She refused. When I said I thought I was legally entitled to that information, she responded (these are her exact words) "not at all."

Now, this isn't their first FCRA violation. Their most recent "response" to a dispute didn't include the summary of my FCRA rights (I thought they were required to send that to me). They also *repeatedly* verified one entry as "valid" until I went through the Debt Validation procedure with the CA for that entry (it was deleted by Trans Union after I sent the results of my attempts at validation, even though they told me earlier that the entire debt validation process was arbitrary and that the entry would remain as long as the CA responded to *their* request). There are other things like that, I can't remember off-hand, but are documented.

So, here's my question.

I've sent them a letter telling them that they've voilated the FCRA by failing to send me the information regarding their process of reinvestigation. I said that I will forego a lawsuit in the event that the disputed judgement is deleted from my report. I also stated that I have documented other instances of FCRA violations.

But, how can I prove this, even *with* documentation. I have "green cards" showing that they received my disputes (and this most recent intent to sue), but can't they just claim that the contents of the envelope were different? I mean, I have proof I sent *something*, but couldn't they claim that I altered *my* records of what was actually sent? Then, the lady that refused to send me the information I requested... that was during a phone call (I know, I know, do it all by mail -- but I had no clue whatsoever that was going to happen, since I was just calling to make sure they were mailing information about my disputes)... in court, wouldn't they just tell a judge that I never requested that information at all? I do have documented the date, time, and name of the person I asked, but will it hold water? How do I prove that they sent me dispute results *without* including a summary of my rights? They included it every time before that I can remember. Aren't they supposed to include it every time? Am I just being nit-picky? How would I actually prove it wasn't in the envelope?

Anyway, I doubt they're going to remove the judgement, and I'm going to have to sue them. Any advice? It sounds like even with the things I've documented, it's still their word against mine?

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Your testimony alone is "proof". They must then rebut it. I would send a confirming letter stating that you spoke with Ms X on such and such a date and she denied that TU has any obligation to provide you with a description of the procedure used to determine the accuracy of the information in violation of 1681i (a)(6). If you don't hear from them to the contrary, you will sue.

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I bet you that once you fire off that intent to sue letter and file the actual case in Small Claims (IF you go that route) you will see some kind of action.

Just keep copies of what you sent on the dates you sent them. You will have plenty on your side.

Go get em!

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