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MOV letter to the CRAs


Sgrady
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Hello, I sent MOV letters to CRA's  and TransUnion responded with a letter explaining how they conduct investigations. I want to file an arbitration case, however I can only find TransUnion clause for when you use their online services. Does anyone have TranUnion general arbitration clause.

 

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3 hours ago, Sgrady said:

Hello, I sent MOV letters to CRA's  and TransUnion responded with a letter explaining how they conduct investigations. I want to file an arbitration case, however I can only find TransUnion clause for when you use their online services. Does anyone have TranUnion general arbitration clause.

 

Thanks

Did you visit their website to find the arbitration agreement or ever look at your credit report on their website?  If yes, then the arbitration agreement applies to you.

They also have an agreement registered with AAA in their consumer clause registry.  That is always the easiest one to use.  I would go to www.adr.org and click on the consumer clause registry link at the bottom.  I would search for transunion and download the .doc file and use that one.

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On 4/11/2016 at 2:21 PM, fisthardcheese said:

Did you visit their website to find the arbitration agreement or ever look at your credit report on their website?  If yes, then the arbitration agreement applies to you.

They also have an agreement registered with AAA in their consumer clause registry.  That is always the easiest one to use.  I would go to www.adr.org and click on the consumer clause registry link at the bottom.  I would search for transunion and download the .doc file and use that one.

Question, how are the violations assessed? example I requested in my MOV  letter to transunion  three accounts, so because they did not respond correctly is that three violation or is it one because all three accounts was requested in one letter.

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15 minutes ago, Sgrady said:

Question, how are the violations assessed? example I requested in my MOV  letter to transunion  three accounts, so because they did not respond correctly is that three violation or is it one because all three accounts was requested in one letter.

In that case, since you made one MOV request, I think that is only 1 violation.

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2 hours ago, Sgrady said:

Question, how are the violations assessed? example I requested in my MOV  letter to transunion  three accounts, so because they did not respond correctly is that three violation or is it one because all three accounts was requested in one letter.

Before we get all tingly with the prospect of convincing someone to spend more of their hard earned money, maybe we should determine what @Sgrady means by "they did not respond correctly."

@Sgrady, in what way(s) did  TransUnion not "respond correctly" to your 1681i(a)(7) request.

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1 hour ago, nascar said:

Before we get all tingly with the prospect of convincing someone to spend more of their hard earned money, maybe we should determine what @Sgrady means by "they did not respond correctly."

@Sgrady, in what way(s) did  TransUnion not "respond correctly" to your 1681i(a)(7) request.

If anyone spends a dollar of their own hard earned money filing arbitration against a CRA, they are not doing it right.

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5 hours ago, nascar said:

Before we get all tingly with the prospect of convincing someone to spend more of their hard earned money, maybe we should determine what @Sgrady means by "they did not respond correctly."

@Sgrady, in what way(s) did  TransUnion not "respond correctly" to your 1681i(a)(7) request.

They sent a letter explaining how they conduct investigation, but the letter did not contain the contact information for the individuals who supposedly verify the information. 

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7 hours ago, Sgrady said:

They sent a letter explaining how they conduct investigation, but the letter did not contain the contact information for the individuals who supposedly verify the information. 

Fair enough. So, if you were to proceed forward with your claim, how would you describe the actual damages you suffered as a result of TransUnion's conduct? Specifically, "but for" TransUnion's failure to provide the contact information, you would not have suffered an injury.

Alternatively, how would you show that the requested information was reasonably available to TransUnion and they "willfully" failed to provide it to you (keeping in mind that "willfully" in this context is regularly construed as meaning, "done with an intent to violate the statute."

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I don't believe Transunion will want to pay the cost for arbitration just to keep reporting three account on my credit file. 

My meaning is I don't believe him and get that form for me to have to assert how I love suffered or how they willfully withheld that information. 

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1 hour ago, Sgrady said:

I don't believe Transunion will want to pay the cost for arbitration just to keep reporting three account on my credit file. 

So  you really don't have a claim. You just want to strong-arm the credit reporting agency into removing otherwise accurate information. Admirable. 

In any event, contrary to what you may have heard, agreements to arbitrate are not self-executing. If the other party doesn't want to play, its up to you to take the necessary steps to compel it. How do you intend to do that?

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2 hours ago, nascar said:

So  you really don't have a claim. You just want to strong-arm the credit reporting agency into removing otherwise accurate information. Admirable. 

In any event, contrary to what you may have heard, agreements to arbitrate are not self-executing. If the other party doesn't want to play, its up to you to take the necessary steps to compel it. How do you intend to do that?

I told you what I believe and stated I MOV for three accounts.  You took that and made an assumption the information being reported is accurate, I have not given enough data to draw that conclusion. I thought this forum was about asking question and getting help, I don't understand why your "Admirable" comment was necessary.  

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@Sgrady

12 hours ago, Sgrady said:

They sent a letter explaining how they conduct investigation, but the letter did not contain the contact information for the individuals who supposedly verify the information. 

If the entry on your CR was a business, did the letter include the name and address of that business?

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16 minutes ago, Sgrady said:

I have not given enough data to draw that conclusion.

Yes, you did. If the credit reporting agency incorrectly verified false information, your claim would not have been limited to, "they didn't give me the address." You are seeking to use an alleged, unrelated "violation" to force removal of three tradelines from your credit report. It doesn't get much simpler than that. Contrary to what you might think, this forum is not for "getting help" when it relates to corrupt practices.

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2 hours ago, nascar said:

Yes, you did. If the credit reporting agency incorrectly the name and address of that business false information, your claim would not have been limited to, "they didn't give me the address." You are seeking to use an alleged, unrelated "violation" to force removal of three tradelines from your credit report. It doesn't get much simpler than that. Contrary to what you might think, this forum is not for "getting help" when it relates to corrupt practices.

You don't know me so you can't speak to what I limits I would use in the information I am posting online. I disputed incorrect information of my CR to the CRA's, TransUnion stated they verified the information. What other options do I have. I don't understand WHY you think from a couple of post you know me so well, but I can tell you. You don't and you are wrong. 

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23 hours ago, nascar said:

Yes, you did. If the credit reporting agency incorrectly verified false information, your claim would not have been limited to, "they didn't give me the address." You are seeking to use an alleged, unrelated "violation" to force removal of three tradelines from your credit report. It doesn't get much simpler than that. Contrary to what you might think, this forum is not for "getting help" when it relates to corrupt practices.

If a incorrect TL is verified after a proper dispute, there is already a cause of action against the furnisher of the TL.

The additional step of requesting MOV shifts the burden of liability onto the CRA, because now if they do not properly reply they are also liable under the FCRA.  Many times this results in the CRA simply removing the TL to try to sidestep liability. Most people are satisfied with this and drop it at that point.  But if they do not remove the TL and also do not provide the method used to verify THIS TL in question and the contact information, then there is now a cause of action also against the CRA.

None of those methods are corrupt or even immoral.  That is the remedy specifically spelled out in the FCRA.

If the only contention is that an address was not provided with the MOV response, but there is an address listed on the TL or elsewhere, or any other reasonable expectation for them to be able to find and provide this information, then there exist a genuine disagreement that the contract itself states may be resolved by private arbitration.

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18 minutes ago, fisthardcheese said:

The additional step of requesting MOV shifts the burden of liability onto the CRA, because now if they do not properly reply they are also liable under the FCRA.  Many times this results in the CRA simply removing the TL to try to sidestep liability. Most people are satisfied with this and drop it at that point.  But if they do not remove the TL and also do not provide the method used to verify THIS TL in question and the contact information, then there is now a cause of action also against the CRA.

If the CRA deletes the TL, what would be the purpose of filing an arbitration claim?

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17 minutes ago, BV80 said:

If the CRA deletes the TL, what would be the purpose of filing an arbitration claim?

There isn't one.  I always advocate for dropping it once the TL is removed.   That doesn't mean the CRA isn't still liable under the FCRA for a bad MOV response, but the benefit of arbitration at that point has mostly become outweighed by the work and time that will be involved.

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3 minutes ago, fisthardcheese said:

There isn't one.  I always advocate for dropping it once the TL is removed.   That doesn't mean the CRA isn't still liable under the FCRA for a bad MOV response, but the benefit of arbitration at that point has mostly become outweighed by the work and time that will be involved.

The CRA might be liable, but you'd have to prove actual damages.   It would seem to me that the only reason some consumers might continue by filing an arbitration claim is to try to get money out of the CRA.  Those consumers know that they probably wouldn't win damages in court, so they hope the CRA would pay them to drop an arbitration claim.

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