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You have the letter from them stating that they would not put it on there. Pretty open and shut. Go file the case first thing Monday morning. You have damages for the amount that you would have saved on your mortgage, had you not been denied for the refinancing due to THEM. Considering how much the difference is, you might need a lawyer, if it's substantial. If it is more than your small claims allows, get an attorney.

[Edit by jordanmorganusa on Friday, 15, 2002 @ 04:03 PM]

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But if you don't have a letter from them saying that they wouldn't report, then it's their word against yours, and you outta luck.

Them saying that they reported it to the CRA and told them not to list it is a big ol' crock of caca!

Bottom line, if you have it writing from them that they wouldn't report it, your good to go. If not, then start sending them debt validation notices and begin your papertrail!

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  • 2 weeks later...

I'm in California as well. By California law, they are required to notify you either 30 prior or 30 days post that they are going to or have reported negative information on your report. They did not do so, and are in violation of that law, as well as others. See below:

1785.26. (a) As used in this section:

(1) "Creditor" includes an agent or assignee of a creditor,

including an agent engaged in administering or collecting the

creditor's accounts.

(2) "Negative credit information" means information concerning the

credit history of a consumer that, because of the consumer's past

delinquencies, late or irregular payment history, insolvency, or any

form of default, would reasonably be expected to affect adversely the

consumer's ability to obtain or maintain credit. "Negative credit

information" does not include information or credit histories arising

from a nonconsumer transaction or any other credit transaction

outside the scope of this title, nor does it include inquiries about

a consumer's credit record.

(B) A creditor may submit negative credit information concerning a

consumer to a consumer credit reporting agency, only if the creditor

notifies the consumer affected. After providing this notice, a

creditor may submit additional information to a credit reporting

agency respecting the same transaction or extension of credit that

gave rise to the original negative credit information without

providing additional notice.

© The notice shall be in writing and shall be delivered in

person or mailed first class, postage prepaid, to the party's last

known address, prior to or within 30 days after the transmission of

the negative credit information.

[Edit by jordanmorganusa on Thursday, 28, 2002 @ 11:23 AM]

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