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Experian, next move, need advice


AccountnotMine
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So experian validated 8 seperate items from equifax for the 2nd time. The other 2 deleted in my first round of disputes. I got Instachecks to e-mail me all the info they have on the checks:

WRITTEN TO MMBR #

529 3/27/01 39.57 .00 PD 8/27/07

532 3/30/01 39.21 .00 PD 8/27/07

535 3/30/01 39.21 .00 PD 8/27/07

581 3/31/01 45.25 .00 PD 8/27/07

658 2/05/01 39.06 .00 PD 8/27/07

666 3/02/01 34.84 .00 PD 8/27/07

671 2/23/01 34.61 .00 PD 8/27/07

674 3/25/01 38.07 .00 PD 8/27/07

TOTAL CHECKS: 8

My question is this, they are going to fall off 3/08, but since I want them off before them do I send then an MOV letter or an intent to sue letter, or a mixture of the 2? My main arguement is they still have it listed as a 10 month term account, and validated that, even though I have proof from the C.A. these are simply checks, and no credit was ever extended, and they have now validated false information 2 times. Futhermore, I can proove damages because I recently applied for a loan and got denied and told the reason for denial was because of to many C.A. on experian when they pulled all three of my reports. I was thinking about sending the following.

To Whom it may concern:

I have recently challenged the accuracy of account numbers xxx. Your company has now validated that debt as accurate two times upon written request. Enclosed I have written proof from Instachecks that your company has reported false information two times despite my disputes. i realize eOscar is an easy way to verify information, but in this case your negligant actions have caused me harm. Also enclosed you will find a rejection letter for a loan, based off your reports. For the last time, These items you are reporting are NOT 10 month term accounts. There was NEVER an extension of credit by Instachecks; these were simply checks. They were written in 2000 and reported in 2/2001 and 3/2001 as you can see in the enclosed document. Please delete these items, before I am forced to file suit. Be assured I will file suit under each individual listing (1 suit for each check). Futhermore, I will not file a federal suit, I will be filing in Texas, and will thwart any attempt to move into a federal court room. If you are not familiar with the Texas laws regarding fair and accurate reporting I would suggest your company review them before you simply auto verify my report again. I will seek 1,000.00 dollars per item, and damages (which Texas law allows). If these accounts are not deleted within 15 days from today's date, expect my council to serve your papers. This is an attempt to correct your records, any information obtained will be used for that purpose.

Signed

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So experian validated 8 seperate items from equifax for the 2nd time. The other 2 deleted in my first round of disputes. I got Instachecks to e-mail me all the info they have on the checks:

WRITTEN TO MMBR #

529 3/27/01 39.57 .00 PD 8/27/07

532 3/30/01 39.21 .00 PD 8/27/07

535 3/30/01 39.21 .00 PD 8/27/07

581 3/31/01 45.25 .00 PD 8/27/07

658 2/05/01 39.06 .00 PD 8/27/07

666 3/02/01 34.84 .00 PD 8/27/07

671 2/23/01 34.61 .00 PD 8/27/07

674 3/25/01 38.07 .00 PD 8/27/07

TOTAL CHECKS: 8

My question is this, they are going to fall off 3/08, but since I want them off before them do I send then an MOV letter or an intent to sue letter, or a mixture of the 2? My main arguement is they still have it listed as a 10 month term account, and validated that, even though I have proof from the C.A. these are simply checks, and no credit was ever extended, and they have now validated false information 2 times. Futhermore, I can proove damages because I recently applied for a loan and got denied and told the reason for denial was because of to many C.A. on experian when they pulled all three of my reports. I was thinking about sending the following.

To Whom it may concern:

I have recently challenged the accuracy of account numbers xxx. Your company has now validated that debt as accurate two times upon written request. Enclosed I have written proof from Instachecks that your company has reported false information two times despite my disputes. i realize eOscar is an easy way to verify information, but in this case your negligant actions have caused me harm. Also enclosed you will find a rejection letter for a loan, based off on information contained inyour reports. For the last time, These items you are reporting are NOT 10 month term accounts. There was NEVER an extension of credit by Instachecks; these were simply checks. They were written in 2000 and reported in 2/2001 and 3/2001 as you can see in the enclosed document. Please delete these items as they are past the 7 year reporing limit, before I am forced to file suit. Be assured I will file suit under each individual listing (1 suit for each check). Futhermore, I will not file a federal suit, I will be filing in Texas, and will thwart any attempt to move into a federal court room. If you are not familiar with the Texas laws regarding fair and accurate reporting I would suggest your company review them before you simply auto verify my report again. I will seek 1,000.00 dollars per item, and damages (which Texas law allows). If these accounts are not deleted within 15 days from today's date, expect my council to serve your papers. This is an attempt to correct your records, any information obtained will be used for that purpose.

Signed

Is this good?

Orange is stuff I'd remove, blue is stuff I would add. Your dealing with Experian, they are in texas I am sure they are well aware of the laws. They will likely tell you to take your case up with the data furnisher as they just report what they are told. So name BOTH the ca and cra in the suit. Let them, and the judge figure out who has to pay you.

I think the date of default for a bad check is likely the date your bank first returned the check, I would use that date to determine the date of first default. That would likely put them past the 7 year reporting :)

Also, no reason to file 8 suits, they will motion the court to combine them and it will be granted. Then the max fine for fcra violations is 1000 dollars. however I know TX law will let you nail them to the wall.

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