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Off to Fed Court I go :-) with CSC / Equifax

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Ok .... Heres the story in short ( well not that short )...

I had a house... 1998 - 2002 and a mortgage ( in good standing ) with lender "A". I refi'd it to lender "B"... Mortgage in good standing... for nearly 1 year...

My employment changed.. I took a job out of the state. In 2003 I sold the house.

My credit report says I was late on my mortgage in 11/2006 from lender "A"... WTF ?

I do not have the house or the mortgage... So I dispute the EQ report on the grounds that it can not be this way ( late 3 years after the house sold and 4 years after the mortgage ).

All atempts to dispute come back verified... and EQ / CSC does not see a problem... The problem is when a mortgage company "PULLS" the report. The OUTPUT from EQ/CSC's data base is foul'd up.

On CSC / EQ's report it is not showing a late.. ( a date of last delinquency ) but a date of last "dispute" on 11/06). Which is the date I wrote them to tell them that the late can not be...

All my new atempts to get a mortgage through various lenders show a late on 11/06 from EQ / CSC... EVERYTIME I DISPUTED THE LATE mark THE LATE REPORT DATE MOVED TO THE MOST RECENT DATE OF DISPUTE. ( CSC has the date of "last delinquency" field and "date of last dispute" linked in some way )

During a phone call to a CSR at EQ / CSC a lady says that she sees the error... But can not change it...


I ( with an attorney ) filed suit against EQ / CSC and the mortgage company + am adding the 3rd party vendor that has my report showing a late ( Credco ).

All parties state they are not at fault....

State court kicked it to Fed district court....

Now I am waiting a schedule....

All paperwork is documented :-) Including several atempts to correct via Certified Letters / green sheets.

What do you guys think ?

CSC is BLOCKING my file so that no one can pull my EQ report !!!

I lost an opportunity on a house I had option on... I am renting furniture and storage unit for household goods now because I cannot get a mortgage ( my other scores on TU and EX are 700+ ).

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I think it's a common strategy for CRAs to remove the case to federal court.

Did you include any state law violations? I'm assuming most of your claims involved FCRA and that's how they managed to transfer it to fed. court.

You may want to look at Tex. Bus. & Comm. Code Section 20. It regulates CRAs and any violation is a de facto Deceptive Trade Practices violation in which you can claim triple damages including mental anguish and other (punitive) damages in addition to your economic damages.

Good luck and keep us posted.

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lender "A" was sent certified letters 2x about the dispute... They claim that no late mark was sent by them.... They sent me a print out of my mortgage statement... I am still holding them responceable because there name is on the trade line. They could have deleted it entirely. But did not. Lender "A" told me to fight it out with EQ / CSC. Not there problem.

this is why I "named" them in the suit...

My basic stragidy is to have the mortgage co appear and say they did not report a "late" to EQ / CSC....

My local mortgage broker is also appearing to say they pulled the report via the 3rd party tri-merge company.

I was denied a loan via the automatic process because I had a "late" within less than 12 months of requesting a loan... ( It's always going to be this way if the "late date" keeps moving).

The 3rd party credit report company ( Credco ) in my case will say they only report what is given from EQ / CSC...

I also have 3 - 4 different reports where the "late date" moved to the date I disputed the LATE. It proves that when I dispute a late on 11/06 in December of 06 that the report comes back "verified accurate" and the now new "late date" is 12 / 06 on the newest report sent.... ( Let's call it re-aging a late / delinquency )

I am tired of hearing it is the "other" guy doin it to you, not us... that is why I am forcing all 3 to appear in the same suit. LET THEM TRY TO POINT FINGERS AT EACH OTHER IN THE SAME COURT ROOM :-)

Now what is CSC / EQ going to say ?

What can they do ?

How can they explain away the mystery moving late that is now verified accurate?

thanks for the texas info... i am aware of it.... The State court bumped it to Fed... Not CSC. Even though we have State questions in the complaint.

I need to ask my attorney if we can have a Fed issue and a seperate State issue going at the same time... so I can sight Texas State Code 20 and others.

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Have you tried getting your EQ score directly from myfico.com? Since your EQ/CSC report seems to be right, the problem might be with the way FICO is interpreting the info they get from EQ/CSC.

You need to investigate exactly how Credco compiles the report. It sounds to me like they don't even deal directly with EQ/CSC. They probably buy your FICO scores from Fair Isaac(which come with a credit report for each CRA) and then merge them. FICO sometimes mis-translates some of the info. So your dispute would probably involve Fair Isaac & Co. to fix the bug in their software.

About your case, you could amend your petition to include more state statutes. You can't have 2 separate actions for the same issues in state and federal court at the same time.

I think Credco will be immune to your claims since they are only reporting what "others" (either FICO or EQ/CSC) told them to report and they are not responsible for anything but being consistent with what they get from their source.

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Myfico is blocked and so is a few others as far as EQ / CSC... EQ admitted they are blocking the output while I am in litigation.

I have done some leg work... Companies like Credco "buy" the bulk service of pulling a report from EQ / TU / EX. At a drastic discount....

They resell the tri-merged service to loan companies in a bundled format.

Credco says it is EQ / CSC that is responceable because it is EQ's software they use to pull the report with.

You said:

"I think Credco will be immune to your claims since they are only reporting what "others" (either FICO or EQ/CSC) told them to report and they are not responsible for anything but being consistent with what they get from their source."

I know that it is POSSIBLE that a company like Credco only repeats / parrots what they are fed and does not have any liability, but that is also what EQ keeps saying... :-)

Plus my "Late" date keeps changing to the day I am disputing the line.

I am only bringing in Credco because they need to state FOR THE RECORD that they are only parroting EQ's info.

I am trying to "sandwich" EQ... Between mortgage company and 3rd party end report provider.

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Ok, according to their website it looks like Credco obtains the FICO scores and reports directly from the CRAs' FICO version.

Sounds like a good plan "sandwiching" EQ/CSC.

I still think the easiest way to see where the problem is coming from is by looking at a report from myfico. Maybe you need to get a subpoena to "unblock" it.

Dealing with CSC is always a pain. They take longer than any other CRA to investigate or respond.

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