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Well, tonight I wrote my can of Whoop*$$ letter to Transunion


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Ok, I finally got tired of disputing the same things over and over on TLs that were included in BK and the CRAs refusing to acknowledge it and change the accounts to reflect the BK status. I have 2 CAs sniffing around my reports because of that and I'm not putting up with it anymore. Here is what I told them, tell me what you think.

Date 03/15/2008

isislc

Transunion Consumer Solutions

P.O. Box 2000

Chester, PA 19022-200

CMRR: 7007 0220 0004 7295 5932

Dear Sir or Madam:

I am writing to dispute the following information in my file. I’ve attempted to dispute several of the items listed on many occasions and you continue to blatantly disregard them and any documentation that has been submitted so far. I am now demanding that you adjust the necessary accounts accordingly or equally be found liable in contempt of court by promoting the continued collection of accounts discharged in my Bankruptcy. By violating my Automatic Stay, you can be found liable for actual damages caused by the violation and responsible for punitive damages as well in the state of Wisconsin.

Enclosed you will find copies of my credit report pertaining to the items I am disputing. I am also including a copy of my Driver’s License and Social Security Card. DO NOT attempt to send me any of your “stall tactic” letters requesting for proof of identification, requesting copies of my Bankruptcy case, or claim that I have not personally made the request for this dispute. I have included all necessary paperwork in this correspondence that you will need to prove my identity and adjust the accounts accordingly. I have also been keeping detailed records of all written and online correspondence related to my disputes along with letters from collection agencies. Any attempt to delay the correction of these accounts will be considered continued non-compliance on your behalf and documented as such.

FCRA Section 611(a)(1)(A) clearly states that upon receipt of a dispute Transunion is to perform an investigation. You have clearly failed to do that on 1/16/2008, 2/01/08, and 2/23/08 by continuing to purposely report inaccurate information on my credit files. Those dates are attempts for just this year alone. I also have “return signature cards” documenting other disputes that were made in 2007 that you had failed to even respond to as well as certified mail responses to other written disputes for accounts, which continue to report inaccurately.

The following are the accounts that need immediate attention. Each section is stapled in small groups with all paperwork pertinent to that section included in the group.

After that I went through each item and told them what the TL was reported as before, why I disputed, and what it is reporting now after each dispute. I even included copies of TU CRs from last year since I have a copy of all my reports for every day for over a year now in PDF form. For each TL I demanded they delete the TL or report it to a more favorable rating. I think I'll get more cooperation with changing their ratings than the deletes but will still score a few deletes in the process. Mwuahaha! Either way, I do have a case against them if they don't fix my report. I'm going to wait and see what they send me back and then go to an attorney from there. Wish me luck. :twothumbsup:

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If your goal is to build a 'case against them' you may wish to tone down your letter. Read it from a judge's/jury's viewpoint. It's best to keep your correspondence detached, unemotional and professional in tone.

While it can get very frustrating to deal with the CRA's, you also need to understand their procedures. Your letter might get something accomplished if your file is in 'special handling'. Otherwise, some minimum-wage rep has 8 seconds to read your letter and convert your dispute into a 2-digit code. I read it, taking considerably more time, and would convert it into 'included in BK' (whatever the code is for that 'reason'). This code is the only thing that gets transmitted to the Data Furnisher. If they verify the incorrect info that's there, the CRA has NO CHOICE but to continue to report like the DF tells them to.

CRA's can NOT accept a consumer's documentation. It's just too easy to manufacture BK papers and schedules with a computer these days. Actually, it was really easy before computers and photoshop, Word & all the other programs. CRA's have to get the information from an impartial source not likely to be corrupted (nice thought, huh?)

All you really need for your case is to demonstrate a pattern of willful noncompliance. Three letters, regardless of their tone, are a good start. BTW, what section of the FCRA will you be suing under? Does that section have a private right of action?

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Actually I'm suing for them violating the stay on my BK which is much better than under the FCRA because it includes actual damages, punitive damages and legal fees. Since they have not changed TLs to reflect IIB I've had CAs pulling my reports and other problems as a result. The letter is much longer than what is here, it's actually 4 pages long with the accounts that they refused to correct along with the identity theft accounts and a letter from the Trustee.

Have plenty enough with everything else to not have to worry about FCRA at this time until we actually end up in court. I'm already in special handling so it's not going to be a problem getting there either. I've already consulted with a couple of attorneys and it's pretty much a slam dunk case if they don't change the notations. I have disputes going all the way back to May of last year where they have continued to violate my BK order and sections of the FCRA. We're already going to court with HSBC for not recognizing their accounts being discharged. According to the attorneys they must accept the BK paperwork that is sent in. I've already gotten EX and EQ to comply, just have TU left to get them into shape although they have been much more difficult.

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Actually I'm suing for them violating the stay on my BK which is much better than under the FCRA because it includes actual damages, punitive damages and legal fees. Since they have not changed TLs to reflect IIB I've had CAs pulling my reports and other problems as a result. The letter is much longer than what is here, it's actually 4 pages long with the accounts that they refused to correct along with the identity theft accounts and a letter from the Trustee.

Have plenty enough with everything else to not have to worry about FCRA at this time until we actually end up in court. I'm already in special handling so it's not going to be a problem getting there either. I've already consulted with a couple of attorneys and it's pretty much a slam dunk case if they don't change the notations. I have disputes going all the way back to May of last year where they have continued to violate my BK order and sections of the FCRA. We're already going to court with HSBC for not recognizing their accounts being discharged. According to the attorneys they must accept the BK paperwork that is sent in. I've already gotten EX and EQ to comply, just have TU left to get them into shape although they have been much more difficult.

I have a question- ladynred i believe on here said to never send BK paperwork to the cra's- did you or do you mean to HSBC? Im asking because i have one acct left showing it will fall off july 08 cause it says my bk was filed in july but actually it was jan and should be off my report already- i disputed numerous times and it stays at "july"--wondering if i should just wait at the point to july and sees if it comes off or sent paperwork

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I know she said that too but I could never get the question answered as to why and I tried doing searches with no success. Right now I'm kind of at a time constraint because I'm going into surgery in a couple of weeks and need certain things to happen and finish when I'm up and ready to go again. I took a chance at doing this and all I sent Transunion was a copy of my discharge letter and only the page in the schedule showing the accounts that needed to get disputed. I have done it before and they have sent me a letter asking for my complete schedule of creditors. I responded with a letter of my own informing them that they have no right to ask me for any information other than what is necessary to perform an investigation of my disputes. Giving them the schedule goes against that not to mention a violation of my privacy. They have let it go with that and completed some of my disputes the way they should have been.

As for HSBC, I sent them a copy of the discharge letter and they refuse to accept it. They claim they are exempt from the discharge because they sold the account before the BK. I already know this isn't true and we got them on it. On Pacer there is a transmittal that shows when all my creditors received the notice of intent to file BK. HSBC received that notice 3 weeks prior to when they sold the account. Then they reaged my accounts with them to show that it was C/O and sold a year before the BK. Too late, I already had them on a recording admitting to it as well as the written correspondence and then the supposed "correction" letter for the incorrect information. Yeah right.

As you can see, my situation is a LOT more involved than just trying to catch the CRA or TU in violations. You might want to wait on sending anything in before hearing from Lady, I'm sure she'll pop in here soon or try sending her a PM. What works for one person, doesn't necessarily work for others. I wouldn't want you to blow any chance of success at removing that account when you don't have any other problems involved. It's like using a nuclear bomb to kill a fly.

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