CRA Law suit

[CBZAPPER]

Hi!everyone.  New to the forum.  Not sure if is right place to post. But. Here we go ! Been working on my credit 4 the past. 7moth.  Got a lot done.  Have run to a wall. With some old accounts. They keep re-ageing    I have search and I can't find the correct a dress to the CRA. To send and intend to sue. From my local county court.  They need and adrees to serve the paperwork.   Or a name. Of the authorised rep.   Thank you for ur time and understanding...

[Clydesmom]

34 minutes ago, CBZAPPER said:

They keep re-ageing  

Before you go running to the court house to file a suit what makes you believe they are re-aging.  Often newbies to credit repair erroneously believe this and it isn't true because they are not reading the credit report correctly.

 

[CBZAPPER]

Because all the accounts. Are. 9 to 12 years old. So if is not re-age. Got to b changing the character of it. One way or other. Or the CRA are "parrot"info..

[Clydesmom]

If the accounts are that old did you dispute the trade lines as obsolete?  

The bureaus merely report what the creditor tells them.  They are under no obligation to verify the information before they post it.  If the creditors are re-aging or reporting falsely your action is against them not the bureaus.

For future posts it would help if you didn't use "text talk" and made clearer statements.  Your posts are difficult to follow.

[kraftykrab]

You have not given us enough information to go on.  When you say that an account is 9-12 years old, what does that mean?  That it was opened 9-12 years ago?  That it went delinquent 9-12 years ago?  Are the accounts in question still open or are they all closed collection accounts?  Under the right circumstances, you can have an account on your credit report for decades and it would not be illegal at all.  It just depends on the details.  What kind of accounts are these--loan, credit card, child support...?  It makes a difference.

If the accounts are that old did you dispute the trade lines as obsolete?

This is a very important point.  The FCRA is the controlling law when it comes to credit reporting, and unless you actually follow that law yourself in the dispute process, you have no claim.  FCRA requires that before you can take action against a creditor, you must first dispute that account with the credit bureaus.  Only AFTER that can you move on to legal action.  Well, you can take legal action without it, but you will be wasting your time and money if you do, because the other side will move to dismiss, and will get your case tossed.  

37 minutes ago, Clydesmom said:

The bureaus merely report what the creditor tells them.  They are under no obligation to verify the information before they post it.  If the creditors are re-aging or reporting falsely your action is against them not the bureaus.

This is only partially true, because the bureaus have responsibilities of their own under FCRA and ARE under obligation to stop reporting information under certain circumstances.  Expiration of reporting time is one of those.  If a debt collector reports an account to the bureaus that's been delinquent for 17 years, that credit bureau IS obligated not to report anything that antedates the report by 7 years(as far as  a collection account).  The credit bureau is responsible for its end of the reporting.  While they cannot make changes to what a furnisher provides to them, they ARE required not to break the law themselves, and there are people on this forum who have had success in dealing with the CRAs and arbitration because they did not follow the required procedures within FCRA.

 

OP, your best bet if you have not done so already is to dispute the accounts with the bureaus.  Once you dispute, they have 30 days, in which they are supposed to notify the creditor that's reporting.  In many cases, they do this wrong.  If the accounts come back as "verified", it means that the bureau will continue reporting it as it is shown.  Then, you can send a certified letter to that credit bureau known as a "method of verification" letter.  This letter asks the bureau to identify the method used to verify the account.  Under the law, They are required to contact that creditor, and receive verification from that creditor.  A lot of the time, they do not do this, and people have had success in getting those accounts deleted sometimes because the bureau knows it did not follow the law.  If you search this forum for "MOV letter" you should find other discussions that detail this better than I did.  

[BV80]

The 7-year period to report is based upon the date of first delinquency listed by the original creditor.  What are the original creditors reporting?

[CBZAPPER]

@kraftykrab thank you. All ready did the M.O.V.   AND SOME OF THEM CAME BACK AS VERIFIED. AND YES. 9 TO 10 YEARS OLD. AFTER DELINQUENCY.  AND I HAVE BEEN GATHERING INFO.  AND SAVING EVERYTHING. THAT. COMES BACK FROM THE C.R.A.  THEY LIKE TO TAKE THE SHORT CUTS.  

[kraftykrab]

Please take off the caps.  

 

OK, did you do the CRA dispute letters, and then the MOV?  When you send MOV, the response to that MOV should not have simply said that they were verified.  

 

Here is a thread with some info about MOV....

Just click on the link at the top of that, and you can read the whole thing.

If I remember right, fisthardcheese has done a lot with these in his own situations.  Couldnt hurt to read over his posts about MOV and see what he has encountered.

 

Also, what kinds of debt are we talking about?  I know, for example, that the CRA's have told people that something like child support will stay on your report indefinitely, even though the FCRA says differently.  The bureaus tell people that child support obligations have a new date of delinquency each month that the child support is not paid, so they can report basically forever.  I'm not really sure if that's true or not, but I do know from a couple of people I've spoken with that thats what the bureaus are telling people.  FCRA specifically says that child support cannot be reported if it antedates the reporting by 7 years, but since they claim each new month has its own delinquency, and therefore its own SOL, they can report that for a very long time.  Simple math says that if one had child support obligation, and never made a payment, they could report it for the 18 years of the obligation(obligation may be longer in some situations), and then 7 more years after that last payment would have come due.  Other types of debt are different.  Generally, most debts can be reported for 7 years from when they first become delinquent.  

[fisthardcheese]

I can't add anything that hasn't already been well said about the FCRA.  Now, if you do have a violation of FCRA due to an old debt being reported and not removed after a dispute (with something as solid as a delinquency beyond 7 years being reported and verified after a dispute, I wouldn't even bother with the MOV) then I would be sure to name both the CRA and the furnisher of the TL as defendants in my federal FCRA lawsuit.

Your OP is confusing in the fact that you said you want to send an intent to sue letter but you are sending it from the court?  That sounds more like a summons and complaint, not just an intent to sue letter.  If you are trying to file a suit, you should definately be reading the rules of the court which will tell you how to file.  Part of that would tell you to serve your complaint to the company's registered agent in your state.  Registered agents can generally be found on your state's secretary of state website.  However, to me, you sound very unprepared to go at this pro-se.  Why not just talk to a few consumer attorneys who do FCRA work?

[CBZAPPER]

@fisthardcheese thank you for ur information. Very help full.  In locating the authorised. Rep.    Is all I needed. I come a long way.  Down to 2 account.   I want to thanks everyone. Who took the time out and post on my question.  God bless.  Everyone!!