need lots of help/advice

[Anonymous]

With regret, I am in the process of putting together my evidence for filing suit against Experian. I say with regret because I wished it would not come to this. Even though I am ready for it, I feel that this could really have been avoided.

Experian has given me the royal runaround after three months and three dispute letters and I think they will only continue to do so. I feel I gave all the pertinent information required (account names, numbers, etc.) but each time, they would send back a reply that "they were unable to process my request...please provide more information regarding nature of request...please tell us how you would like to dispute each item listed...." and so forth and so on. Each and every time.

In three very detailed letters, I explained everything, even citing FCRA codes sections, but they still sent this garbage; so I'm ready for the next step in filing suit.

I have read other posts but none have really adequately answered my questions:

1. What is the very first step - outside of getting my papertrail in order?

2. I am citing FCRA 607, 611, 616, 617 and 623. If two other CRA have deleted these accounts from their files, and if all three are supposedly "following" FCRA guidelines, should not the third also delete these items if they have been found by the other two to not be valid? They have to follow the same investigatvie procedues, right?

3. Do I have to notify EX of my intent to file or would the courts serve notice? And if I do, what's the format of a letter like that and where would I go to file it?

(I don't think that I would have to notify them again since I did let them know in my last letter that legal action would take place if they did not comply with my requests.)

Just so you will have some idea, here's the last letter I sent them - (sorry for the long post, but I want to gointo this thing well prepared and many of you seem to have an excellent grasp on thses matters!)

---RE: Dispute Letter of April 25, 2003

This letter is formal notice that you have failed to respond to my original dispute letter of April 25, 2003.

I have received letters from you dated May 5, 2003 and June 2, 2003, but neither response gave relevant information in regard to the original requested inquiry and subsequent request. The items listed need to be removed because they are not reported on one or more credit agency reports. As per the FCRA, all items reported by credit agencies MUST BE REPORTED ACCURATELY:

§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) (1) (A) (1) (

As this has been stated on two previous attempts, this will be the third and final request to have these items removed. If they are not, I will count this as a serious violation of the Fair Credit Reporting Act and a formal investigation with the Federal Trade Commission will be warranted and pursued.

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a) (1) (A)

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] (a) (1) (2)

Accordingly, I am maintaining detailed records of all my correspondence with this agency. I expect the listed inquiries/accounts removed from credit report, an updated credit report AND CREDIT SCORE sent to the address listed above. Anything less than what has been requested will be counted as willful non-compliance by your agency.

Sincerely,

signature

Without Prejudice UCC 1-207.4---

I hope I'm on the right track - any and all suggestions would be GREATLY appreciated!

[Anonymous]

Can You post the letter that outlines what you are disputing with EXPERIAN.???

[Anonymous]

Unfortunately, I am on my laptop away from my home desktop that has that file on it. Here is a skeleton of what I had originally had:

----EQUIFAX, Complaint Department

PO Box 105069

Atlanta GA 30348

Dear Sir or Madam:

I am writing to dispute the following information in my file. The items in dispute are also encircled on the attached copy of the enclosed report and listed below:

1. AAFES - XXXXXXXXXX - I am requesting that the item be deleted due to incorrect reporting.

2. CAPITAL ONE BANK - XXXXXXXX - I am requesting that the item be deleted due to incorrect reporting.

3. DISCOVER - XXXXXXXXXX- I am reauesting that this item be deleted due to incorrect reporting.

4. (account etc, etc - there are a total of 11 accounts)

The following personal information needs to be corrected on my credit file:

1.[TAB]Place of Employment: XXXXXXXXXXX

The disputed accounts are not reported on one or more credit reports. Accordingly, as per FCRA guidelines, these accounts are not reported correctly and need to be removed. Please reinvestigate these matters and delete/correct the disputed items within 30 days of this letter.

Thank you for your attention in this matter.

Sincerely,

signature

Without Prejudice UCC 1-207.4

Enclosures:[TAB]Copy recent credit report-----

Like I said, the actual file is not with me but this is pretty close to what I sent.

[kb9tbq]

<blockquote>Originally posted by nomorechainsWith regret, I am in the process of putting together my evidence for filing suit against Experian. I say with regret because I wished it would not come to this. Even though I am ready for it, I feel that this could really have been avoided.

Experian has given me the royal runaround after three months and three dispute letters and I think they will only continue to do so. I feel I gave all the pertinent information required (account names, numbers, etc.) but each time, they would send back a reply that "they were unable to process my request...please provide more information regarding nature of request...please tell us how you would like to dispute each item listed...." and so forth and so on. Each and every time.

In three very detailed letters, I explained everything, even citing FCRA codes sections, but they still sent this garbage; so I'm ready for the next step in filing suit.

[Anonymous]

<blockquote>Originally posted by nomorechains

3. Do I have to notify EX of my intent to file or would the courts serve notice? And if I do, what's the format of a letter like that and where would I go to file it?

</blockquote>

No, you don't have to notify them of squat. When you go to the court clerk to file your claim, they charge you for the claim, and then charge you about 20 bucks to have the sheriff's department serve them. The thing you'll need though, is the address of the "registered agent" they have in your state. Calalawyer had a GREAT link for that, but the thread is missing it's posts, so I don't have it anymore .

I'll tell you right now, though--if you just put " due to inaccurate reporting" in all your letters, you don't have a chance. WHAT KIND of inaccurate reporting? Was the account not yours? Date wrong? Balance wrong? etc. EX has a right to ask that kind of information for the dispute.

[Anonymous]

<blockquote> No they don't that is why they won't accept credit reports from the other 2 CRAs as proof of results without conducting their own. This varies depending on if they go by the tapes sent in on regular basis; if they mail out verification form; or if they speak directly with the creditor on the matter.

Usually if you continue to have problem with the CRA getting the fact of the matter, it is because in some form or another the Creditor is continuing to verify. Need to find out why the creditor is failing to update as they did with the other 2 CRAs.

</blockquote>

Thanks for the info...been outta town and could not reply right away...

I'm at a real loss here and don't understand...so what's the use of these guys reporting anything at all if they don't report the same thing? Isn't this the whole poit of the FCRA - "fair reporting?"

Is there anyway I can get the correct information w/out having to deal with EXperian? I've had it with those bozos and want very little to do with them until Iget things together (hopefully) for litigation.

The reason I'm disputing was based on the reports from the other CRAs. Some of these accounts are older than 10 years old and a couple had negative tradelines on them - all of which was deleted on the other two reports.

Even though they have a right to ask, does it not constitute willful neglect if I state that the reporting on those accounts is inaccurate? They have been paid, closed and many fall outside of the normal reporting range. In fact, there are a couple that had negative tradelines but were closed over 7 years ago , BUT made an inquiry/update last year. Isn't there a law against that?

Thanks again for your help.

[calawyer]

<blockquote> Calalawyer had a GREAT link for that, but the thread is missing it's posts, so I don't have it anymore . </blockquote>

http://www.residentagentinfo.com/

[insider]

I had to ask Experian to remove things off my report that had been charged off. What you'll need to do is as follows:

State that you are disputing the following information in your file. List the name of entry, what type of acct., acct #, and status(revolving acct, charge off, etc....) Be very specific

Inaccurate records would go something like: These items are inaccurate because they have misrepresented my credit in failing to communicate the proper information to you. This is a direct violation of the Fair Credit Act, Section 1681b. Explain why it is inaccurate.

One thing I have learned with Experian, you cannot demand they remove something. You also must be very specific in stating the whys and what fors. They are not impressed by stating each section or subsection. Just give them the general idea as in above paragraph.

I have several letters that I wrote to the credit bureaus. If you can give more details as far as why these are inaccurate, perhaps I can help you further. Also, not every creditor reports the same to every credit bureau. I had an entry taken off the other 2 credit bureaus, but one kept stating they verified. So I played the game. I sent registered letters to the address they gave me, and they came back undeliverable. So I sent a copy of envelope showing this, they came back with another address, so I sent another registered letter, same thing happened. Sent copy again to credit bureau, it exhausted them and they took off my report. Relax and play the game

[insider]

also, the credit bureaus dont have to delete inaccurate information, it must be corrected or deleted depending on the sol. The Fair Credit Act has contingencies on when sol would begin. Accts after January 1, 1998 would be 7 years from the beginning of the delinquency. prior to January 1, 1998 7 years from the date of last activity. You have to be very careful with this. If you settle on an acct., the date of last activity starts from date you paid. It started the sol over again.

[Anonymous]

Thanks, Insider.

I'm just extremely fed up wit these guys and they are keeping me from gettign some things done financially that I would really like to get done as soon as possible.

Can you give some sort of guidance as to what you wrote the creditors that were doing the reporting? Would just a simple statement like the ones sent to Experian do?

About the SOL...the accounts were never charged off - they were paid in full and closed but had benn late 1 or 2 times during the time the account was open. I'm having a problem understanding why would a company report on a closed account?