QMAX21 Posted January 25, 2007 Report Share Posted January 25, 2007 Hi everybody,I had a court case against Citibank in court that I won. Basically I want to make sure that I proceed the right way. There is a judgment on my credit report that was vacated on January 19, 2005. I also had a motion to dismissal in August 19, 2005 in which the plantiff took a voluntary non-suit.So when I sent my dispute in to the 3 Credit bureaus, Experian sent back a letter saying that this judgment was already investigated and therefore will remain on my credit report. Needless to say I sent them all of the necessary court documents to prove that this needed to be removed. So then I followed the proceedure as outlined here:http://www.creditinfocenter.com/repair/MethodOfVerification.shtml1. Challenge the listing in the normal way. 2. If verified, with a copy of the investigation result in hand, call the CRA at the toll-free number listed at the top of the report. (If not, you're done, you lucky dog!) 3. Give the report reference number and ask for method of verification per FCRA Section 611(a)(7) . 4. They will have never called the OC (original creditor), but will have relied on a third party database to verify, which they may or may not admit to you. If they can't cite solid evidence like "we called the OC and they verified", ask for OC's phone number. Now the problem is when I called the toll free number the first agent told me there was nothing showing that they received documents. Now since I sent it express mail and had copies of sending it to them, she challenged me and told me that nothing still came up. So I called again, the second representative mentioned that he would open up a new investigation because he claimed that nothing new as sent in the dispute. Needless to say, if you keep sending official court documents they have to take it off, no matter how many times you sent it in.So I called a third time and this representative told me that basically the person who reviewed my dispute basically discarded the "motion to vacate" and "dismissal of case" forms. I feel there is no need for me to go to the OC because it is the court who is showing the judgment and I have the court documents themselves proving that the case and judgment is vacated and dismissed. Hence, Experian basically said that they didn't investigate my new dispute because the letter they sent me said this dispute was already submitted. So when I followed step 3, I was told that Experian's investigation methods would be sent to me by the second representative. However the third representative told me that they already checked on this case back in 04 when it was first opened and that I should go to the court and correct this. Needless to say I want to know if I should just go ahead and file suit because I have more than enough evidence to prove that they failed to validate or investigate my dispute per the FCRA. It was very easy for the CRA to contact the courthouse and find that this case was dismissed and that this judgment is vacated. I sent them all of the court documents proving this. Please respond. Link to comment Share on other sites More sharing options...
Winninger Posted January 25, 2007 Report Share Posted January 25, 2007 Sounds like "willful and negligent non-compliance to me" (s. FCRA 616/617) and at $1000 an infraction, worth going after. If your total is over Small Claims limit, then you're off to Circuit Court. But these agencies are staffed by incompetent idiots! If the only way to get action is to sue, then sue you must. I'd like to think their management would see a pattern and want to button things up to avoid these losses, but that's probably not the case. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 25, 2007 Report Share Posted January 25, 2007 You could try sending the documents with a goodwill letter to the CEO saying that you ask him to remove it or you will be forced to sue. Give them a time limit. Send it certified ( but not RRR) so you know it got there. Link to comment Share on other sites More sharing options...
admin Posted January 25, 2007 Report Share Posted January 25, 2007 Recovering, wouldn't this be the courts which would have to remove the case? Link to comment Share on other sites More sharing options...
IHateCAs Posted January 25, 2007 Report Share Posted January 25, 2007 I think he meant the CEO of EXP. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 25, 2007 Report Share Posted January 25, 2007 yes, I meant EXP's CEO Link to comment Share on other sites More sharing options...
QMAX21 Posted January 25, 2007 Author Report Share Posted January 25, 2007 OK,I'm looking at the responses here. My question is, why do I have to go through the process of sending it again to them, when I can just run to the courthouse and file suit? I mean this judgment has been on my report for 2 years and I've disputed it before back in October and no results. Note again I sent official court documents and have proof that they received the mailing. I sent it Express mail and I have copies of my receipts. I also wrote down names of the people I talked with, the times and what they said. I mean the way I see it is that if you sent a dispute and they send you a letter saying it is verified when the very court they have to go and investigate shows other wise. I mean isn't this clear cut? Link to comment Share on other sites More sharing options...
QMAX21 Posted January 25, 2007 Author Report Share Posted January 25, 2007 P.S. when they open a reinvestigation how long does this last? 15 days? Do they have to respond within 15 days? Just need to know this. Link to comment Share on other sites More sharing options...
QMAX21 Posted January 25, 2007 Author Report Share Posted January 25, 2007 New news.Just found out that EXperian just opened another investigation into this judgment, apparently, me threatening to sue them and calling them and harrassing them like a CA does everybody started to get to them. Should I still proceed to file a suit against them because the first time they didn't even bother to look at my court documents sent to them? Please respond. Link to comment Share on other sites More sharing options...
mparksmagic Posted January 26, 2007 Report Share Posted January 26, 2007 Give them the 15 days, you have already waited this long. If it is still verified. Sue. By doing this it give you more room in court to say you've asked for them to verify twice. Link to comment Share on other sites More sharing options...
Winninger Posted January 27, 2007 Report Share Posted January 27, 2007 Absolutely. Hi ho. Hi ho. It's off to court we go. Kick their butts! Link to comment Share on other sites More sharing options...
Optimus_SubPrime Posted January 27, 2007 Report Share Posted January 27, 2007 I don't see a reason to wait any longer. Whether or not they update your credit record now that you've threatened to sue is immaterial in my book. The whole point is that you're not supposed to have to sue them to get them to fix errors on your credit record. Given that the facts as you lay them out are so clearly established, I would sue out of general principle. Link to comment Share on other sites More sharing options...
Recommended Posts