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I was a victim of ID theft and I’ve been trying for years to get everything fixed. Everything is done with Equifax and close to being done with Transunion. However, Experian has been a royal pain. I’ve sent in two huge packets in the last few weeks. The packets contain the FTC report, police report, two forms of ID and a ton more. They keep telling me that it does not meet the guidelines established by the Fair Credit Act. The last packet, I even included the checklist to show that it included everything and then some. I just get the same crappy letter each time. Today, I get the mail and they’ve sent a letter detailing how they’ve removed what I am asking –- my old, good standing accounts -- which I never asked them to remove. In case you're confused, they are denying my ID theft stuff, but said they would look into those accounts. Then, they come back and deleted a bunch of stuff that was in good standing, has no relevance to the ID theft and was never even brought up.

Are they in violation for not requesting more specific information?

The CRA may decline to accept the victim’s Identity Theft Report if it reasonably concludes that the Report does not contain enough detail for the CRA to verify the alleged identity theft. 16 C.F.R. Part 603.3(a)(3). In that event, unless it is refusing to block the disputed information based on the criteria described below, the CRA is obligated to request additional information from the victim within certain timeframes, which are covered in detail in the 605B Checklist in Appendix B.3. 16 C.F.R. Part 603.3(a)(3)(i) – (iii).

Do I have anything to get them with for maliciously deleting good accounts, that have no bearing on anything I've ever sent into them.

I've found their registered agent:

C T CORPORATION SYSTEM

350 N. ST. PAUL ST

DALLAS, TX 75201

But.. Where do I go from here? Thanks in advance.

Edited by TxBlackJack
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I've been through EXACTLY this. Still going through it.

This is what I've learned with Experian:

* Don't send them packets with multiple items. They ALWAYS seem to mis-manage things if you ask them to do more than one thing at once. The average dispute worker is asked to spend **NO MORE THAN** 8 minutes on a given dispute. Sending in a packet forces the employee to spend more time than that, and... it aint gonna happen. It sinks to the bottom of the pile because that employee wants to keep her job more than she wants to help you.

My ID theft report clearing method:

  • Submit your ID theft Police Report and FTC ID theft report at the same time via CMRRR. Briefly state that your identity has been stolen and specifically request that they put a fraud alert on your report.
  • Send the same ID theft reports to the reporting company. Find their address and mail them a brief letter informing them you are a victim of identity theft. CMRRR as well.
  • Request Debt Validation, individually, for each item, via CMRRR. Keep a calendar. Make notes on when the 30-days to verify runs out.
  • If validated: in writing, ask for the method of verification. Include a copy of your FTC and Police id theft reports. Make sure you bring this up in your letter by stating something like, "CREDITOR TRADELINE C is mentioned in the ID theft police report as fraud. How did Experian verify this fraudulent account?" Mark on your calendar when 30 days are up.
  • If you don't get a letter back after asking for their method of verification, send an Intent to Sue letter along with copies of your ID theft reports.
  • Around this stage, you should begin to see things falling off your credit report. Some companies will be holdouts. Do not be afraid to file suit against them for continuing to report a fraudulent account. If Equifax still hasn't responded to your queries, by this point you've built up a great case against Equifax for credit libel, defamation, and violations of the FCRA.
  • Write to your local City Attorney and State Attorney General. I'm in CA in a fairly big city, so our City Attorney occasionally is in the news over stuff like this. Your State Attorney General will look at anything you send them. You may get a letter back asking you to forward your request to the FTC, but State AG's do pay attention to the companies in letters they receive, and will take action if there are enough complaints.

As for getting the POSITIVE credit items back on your report, you may need to contact the creditor about resubmitting your info to the bureau and ask for a copy of your complete payment history to be sent to you. If there is a fraud alert on your credit report, be prepared to answer a few probing verification questions to make this possible. Also write to Experian and explain to them that "Consistent with the Fair Credit Reporting Act, CREDITOR A - Account Number 122445 - Opened on 01/2001 is a MORTGAGE account that belongs to me. I am requesting that this item, erroneously deleted on 01/2012, be reinserted onto my credit report reflecting my accurate credit history with CREDITOR A."

No need to give Experian the complete history proactively, and just one letter is enough. I'm not sure how much time you have on your hands, or if you're planning to make a big purchase any time soon, but it will take them a month to reply to you. If they fail to comply with your reasonable request to make certain your credit report is accurate, you have an FCRA violation.

You CAN get them for defamation. To prove defamation, you need to prove MALICE.

In a legal sense, "actual malice" has nothing to do with ill will or disliking someone and wishing him harm. Rather, courts have defined "actual malice" in the defamation context as publishing a statement while either

knowing that it is false; or

acting with reckless disregard for the statement's truth or falsity.

To prove Experian acted with malice -- and defamed you -- you need to prove that Experian had knowledge of the falsities on your credit report. By sending each dispute CMRRR and providing your ID theft documents via CMRRR, you can easily prove Experian knowledge of the issues, did little or nothing to resolve them, and thus committed defamation against you.

Throw that into your Intent to Sue letter, and cite Roybal v. Equifax.

So yea, maybe you do have a case for defamation.

I've gotten a lot of fraudulent crap off my credit reports doing this. It is a royal pain in the a$$.

"Fraud departments" don't do ANYTHING but provide lip service, in my opinion. For the most part, any "Fraud Department" at any financial institution is not actually trying to help YOU with fraud, but rather, determine if any unusual activity is actually going to cost THEM money. Besides, bank and credit card fraud departments only have power to intervene within 30-90 days of the first instance of fraud, after that it becomes dramatically more difficult. Read any credit card or bank account agreement in the "fraud" section.

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