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Believe I have an Open/shut case, anyone with experience?


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Was just denied credit based on Capital One charge-off on 06/15

Called Equifax and they claimed account was not reporting until this month. (that is how they got around investigating and putting my account in dispute as of 5/23)

Pulled credit report from MyFico on 04/15 - Capital One is on there with a date of report of 05/01

Sent DV Dispute to Capital One on 06/2 - No response

Had credit report pulled by Home Company on 06/05 - Capital One reporting with a report date of 05/05.

Equifax claims as of 05/28/05 that Capital One is not reporting.

I have all documents and records of everything I sent. Live in Georgia where it is one party consent to record telephone conversations, so I am going to call up the Equifax rep again tomorrow and record the conversation.

After that should I just file my lawsuit? This is obvious intentional and willful fraud. Shouldn't it be an open and shut case and I collect damages?

Here is the letter I plan to send:

Equifax Credit Information Services

PO Box 740241

Atlanta. GA 30374-0241

June 22nd, 2005

Re: Acct #XXXX

I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with you, and you have come back to me and stated you were able to verify this debt. How is this possible? Under the laws of the FDCPA, I have contacted Capital One myself and have been unable to get them to verify that this is indeed my debt.

I enclose copies of my requests to Capital One, asking them to validate my debts, and the receipts showing that I sent these letters certified mail. This debt is not mine and I was given no evidence of my obligation to pay this debt to this creditor.

The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove this item before I am forced to take legal action. You even stated yourself that this debt was not reporting, when in fact, it was reporting. Your phone representative claimed that it wasn't reporting as of May 23rd, and didn't report until June, however, I have a report from credit plus proving the account was reported in May. I also have a credit report showing it was reporting as of 01/05 and was still showing up on my report on 04/15/05. I have all documentation and proof needed for suit. I have no doubt this is an intentional and willful violation of the law.

If you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA Section 623, FDCPA Section 807(8), FDCPA Section 809 (B). According to these regulations, I may sue you in any qualified state or federal court, including small claims court in my area.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

I look forward to an uneventful resolution of this matter.


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