Frdtrtnfx4 Posted April 11, 2011 Report Share Posted April 11, 2011 Been fighting with Equifax to delete a fraudulent credit card account since Sept 10. The OC has told me they have informed Equifax 2x since January to have this account deleted from my account. I sent them a copy of the letters I got from the OC certified mail, also threatened them with a lawsuit if they didnt delete this account. I got some mail from the Friday, and much to my displeasure, they tell me here is the credit report you requested. I never requested my credit report until after they investigated my claim. It seems like they just ignored my threatening letter and sent me my credit report. NOW WHAT? Link to comment Share on other sites More sharing options...
tropicaljo Posted April 11, 2011 Report Share Posted April 11, 2011 For what it's worth, MHO is that it sounds like it's time to quit playing with them. Link to comment Share on other sites More sharing options...
Hal Jordan Posted April 11, 2011 Report Share Posted April 11, 2011 For what it's worth, MHO is that it sounds like it's time to quit playing with them.Agreed. It's time to file suit against them and send the letter to their legal department. I suppose you could send one more intent to sue letter to their legal department (which has a different address than their dispute address) and expalin it all one more time including the proofs using language of this is your last chance to remove this or I'm going to sue you for FDCPA violation.Otherwise you need to file suit. If you do have to go that route you may end up with a thousand bucks and if you can find an attorney who will take the case on a get paid only if you win basis you could get back court costs and attorney fees too. Link to comment Share on other sites More sharing options...
tropicaljo Posted April 11, 2011 Report Share Posted April 11, 2011 Personally, I've found that a second ITS that includes a copy of the suit I intend to file to be a most excellent tool in getting a nice check in the mail. The second ITS says this is their second and last chance to settle for their FCRA violations and demands permanent removal of the offensive tradeline. Big plus is that the 2nd ITS will show the court (if necessary) that you did everything you could to settle prior to filing your complaint. You have all the ammo you need as far as I can see, so I think I'd go for it. If they choose to ignore you after they receive it then you already have your complaint ready to file. Link to comment Share on other sites More sharing options...
Frdtrtnfx4 Posted April 12, 2011 Author Report Share Posted April 12, 2011 Where does the status of limitations come in to play here? The account was opened in May of 2009, that would make it 2 years next month. Unfortuneatley, I didnt know about this account until Sept of 2010. Link to comment Share on other sites More sharing options...
tropicaljo Posted April 12, 2011 Report Share Posted April 12, 2011 SOL on the account, if it is not your account, does not apply here. YOU have 1 year to file your complaint from the date that you noticed the reinsertion of the erroneous data on your credit report. As for the letter regarding the copy of your credit report that you "ordered"... that is a stall tactic. Send an ITS and draft of your complaint as soon as you can get it typed up. You are looking at serious FCRA violations that are damaging your credit ability (defamation). The fact that they've reinserted the info TWICE makes it even worse. If I'm not mistaken, that's something like $500.00 per item of mis-information showing on the tradeline. I could be mistaken about that, but I'm sure that someone will chime in if I'm wrong. There are literally hundreds of sample complaints here and elsewhere to work from. If you take it to small claims you don't need a big wordy document. Often, for small calims, the courthouse will supply you with a simple complaint form for free. Were it me, I'd write the letter, fill out the form, make a copies to mail, and send it. I'd say something like "This is the complaint I will be filing if you fail to respond." Be sure to send you letter by certified mail return reciept requested so you know when they received it, then just sit back and wait for their next move. Good luck and keep us posted! Link to comment Share on other sites More sharing options...
xi2 Posted April 12, 2011 Report Share Posted April 12, 2011 Credit Card ...I was summoned back in Nov 2010, didn't answer on time, by Dec-1-2010, the plaintiff had file a motion for default, the judge however answer the plaintiff with this:1.- No documentation provided showing the account was sold2.- No statement showing defendant billed for any amount3.- No Documentation showing how the amount of damages was calculated4.- Duplicate of attorney fee affidavitNo judgment has been signed by the judge yet, so the case is still openI filed last week my answer to the summon (should have done it back in NOV),Denying the complain since they didn't show prof of becoming the successor to my credit card company.1.- Do I need to file a document explaining the judge why I filed the answer so late ?2.- What happens when you don't answer in time and the judgment has not yet been signed ? Can I do something ? What should I do ?Thanks Link to comment Share on other sites More sharing options...
Frdtrtnfx4 Posted May 5, 2011 Author Report Share Posted May 5, 2011 Well here is the latest. I called my lawyer, he told me to send in one more dispute letter to Equifax. If it comes back the same as verified/accurate, he said he would than file a violation of the FCRA against Equifax. I called the OC and told them what was going on, they told me they would send another request to Equifax for this account to be deleted, this would make it 3x since January and they would also send me another letter stating this. In the mean time my lawyer told me to apply for credit with the thought i would be denied, that would be my damages. Problem is, I really dont need to apply for credit for anything. Any suggestions? Maybe a personal loan? Link to comment Share on other sites More sharing options...
Drake Savory Posted May 6, 2011 Report Share Posted May 6, 2011 IANAL but according to FCRA 607( Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. From the OP, it is clear that they do not have reasonable procedures in place.$1000My questions for your attorney:what is the damage for not getting the loan? If I apply for a $50,000 loan and don't get it then are my damages $50,000?Why another dispute? Did you not do the first ones properly? Are they not violations? Is them sending you a copy of your report when you disputed the line item a violation of FCRA Sect. 617? (Another $1000)Did you meet your obligation of reporting identity theft under FCRA Sect. 605B(a)? (Another $1000) Link to comment Share on other sites More sharing options...
tropicaljo Posted May 6, 2011 Report Share Posted May 6, 2011 I don't know what IANAL means, but I do agree with Drake about the loan thing. On top of the question he put forth, here's another aspect... say you apply for that loan and get denied in an effort to create "actual" damages... you would have to prove that that specific tradeline was the sole cause for the denial. Seems you have adequate statutory damages to pursue a claim considering that it's $1000.00 per violation. Maybe you should consider finding another lawyer or pursue it on your own. Lots of people around this site have taken on the credit bureaus and would be delighted to help you out with your own issues. Link to comment Share on other sites More sharing options...
Drake Savory Posted May 6, 2011 Report Share Posted May 6, 2011 I don't know what IANAL means, I Am Not A Lawyer Link to comment Share on other sites More sharing options...
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