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Equifax...can they do this?


Peh102
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Now what? I disputed the bureaus because when a creditor, who sold my account to another creditor all of a sudden showed my account as 90, 60 and 30 days past due. And my nightmare began. I have this completely cleaned up on my reports. I am only working on Tran and Equifax for my husband. Today I check Equifax...something knew has been added. Itis now showing that he is 8 times - 90 lates....which is crock. I wrote (throught email) to them and ask them to provide me the proof that this was true. They told me to contact the creditor but assured me that they were able to obtain the proof. I just spent 2 hours and 10 minutes on the phone with CHASE....and got nowhere!!! Yikes! Now What?

Take a look at how Equifax has this posted on the report.

">>>>>Recent Payment History

>>> Seven Year Payment

>>> History

>>> 30 days late: 1 60 days >>> late: 2 90+ days late: 8

>>> 1 unknown date 2 unknown >>> dates 10/2001

>>> 9/2001

>>> 8/2001

>>> 5 unknown dates"

I can prove that 10/01, 9/01 and 8/01 were paid with copies of the cancelled checks?

What is your take on a credit report stating 5 times past 90 days....but dates are unknown?

What should I do next? Should I wait the 60 days before disputing this again? Should I try again through Chase...which won't work. The original creditor is Providian...and forget them, too! Man. I need help! I can't believe how mad I am. And, I can't believe what these "people" are capable of. They can absolutely reck lives! And not care.

P/pa

:(

[Edit by Peh102 on Monday, September 30, 2002 @ 10:00 AM]

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Dear Mr. King-ruler of Equifax Disputes, King of Verification

Account # xxxx- I was not late on the alleged unknown dates because 3 days prior to that, I went on an unknown vacation with an unknown friend. The other two times, I know for sure I wasn't late because at that time, I was giving birth to my imaginary child that now lives in my garage- Please remove

Sincerely,

An unknown Admirer

PS. What are you doing for Valentines? I may have an unknown crush on you.

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<blockquote>Originally posted by Swede

Dear Mr. King-ruler of Equifax Disputes, King of Verification

Account # xxxx- I was not late on the alleged unknown dates because 3 days prior to that, I went on an unknown vacation with an unknown friend. The other two times, I know for sure I wasn't late because at that time, I was giving birth to my imaginary child that now lives in my garage- Please remove

Sincerely,

An unknown Admirer

PS. What are you doing for Valentines? I may have an unknown crush on you.

</blockquote>

ROFLMBAO!!!! Almost choked on my dinner -- don't sneak up on me like that! Here I thought I was reading a serious post, and suddenly HAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!

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Ok, but seriously, folks -- Why did the CRA cross the road?

Just kidding :D

Here is what I would do -- dispute the dates that you know are incorrect with the truth and back it up with evidence.

Try disputing the "unknown" dates with this:

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(1) Reinvestigation required.

(A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

(5) Treatment of inaccurate or unverifiable information.

(A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall promptly delete that item of information from the consumer's file or modify that item of information, as appropriate, based on the results of the reinvestigation.

[Emphasis added]

Also, you can try disputing directly with OC with this:

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

(2) Duty to correct and update information. A person who

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate,

shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.

[Emphasis added]

My point (and I do have one, lol) is that if they are reporting a late payment without a date, it is obviously incomplete information. You might also mention in your letter that unknown lates are counted as recent derogs by the credit scoring models, so this incomplete information is damaging you by lowering your credit score(s).

The CRAs and OCs seem to ignore the law whenever they damn well feel like it, so I don't know whether this will work -- I have tried it, but don't have the results yet. At the very least, it will establish a paper trail of willfull violations if they don't fix it and you decide to sue.

If you get really lucky, they will just delete the whole TL.

[Edit by herauntsis on Wednesday, October 2, 2002 @ 02:07 PM]

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Oops, Congress was nice enough to even spell it out for us...

§ 609. Disclosures to consumers [15 U.S.C. § 1681g]

(a) Information on file; sources; report recipients. Every consumer reporting agency shall, upon request, and subject to 610(a)(1) [§ 1681h], clearly and accurately disclose to the consumer:

(4) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.

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Thanks Guys....Sorry if I sounded "stressed." Swede...I appreciate your tongue and cheek.

I am so frustrated with this whole mess. It has gotten to be almost a full time job. Thank God for this website. Out of all the sites that I found, this really has been the most helpful. I have sent several clients to this site. And, I personally know of a Regional Vice President of a Bank in my city who has directed his Branch Managers to this site to get their questions answered. I am going to pour my stress into helping the CR find the perfect employees...look for this in the major papers.

******Help Wanted Ad from Experian, Equifax and TransUnion**********

...Correcting your credit report....

...doesn't pay well....no benefits... lousy work conditions....no team environment, you're basically on your own. You'll be required to do ALL your own research and incur All costs. And, must provide your own hearing aides...why? Because around here, we are all HARD OF HEARING.....

Call today for your personal interview. 1-800-YrSrewed---

But, please leave a message...because we don't ever answer the phone...

COMPANY MOTO:

GUILTY...UNLESS PROVEN INNOCENT!

...and, we hate the innocent@

____________________________________

Do you guys think that it is ok to go ahead (before my 60 days since my last dispute) and dispute this right now?

Peh/pa

:notsure: :notsure: :notsure:

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