Sign in to follow this  
csnider69

Suing Equifaxs???

Recommended Posts

I have sent letter upon letter to Equifax about a derogatory mark on my credit which cost me many points and higher interest rates

I have a sign and notarized court order that isn't suppose to be on my credit , a signed/notarized letter from the plaintiff lawyer that this wasn't suppose to be on my credit report. Equifax basically we are not removing it from your credit. Can I file a lawsuit under FCRA Section 623 CUSHMAN, v. TRANS UNION CORP US Court of appeals for the 3rd circuit Court Case 115 F.3d 220 June 9, 1997, Filed (DC No 95-cv-01743)?

This was one of my letters, I wrote them.

Please be advised this letter shall serve as notice that the following entry to ************* credit report is disputed. You are herby requested to adjust and remove the incorrect report on my credit profile that is negatively impacting me. I am certain that with your assistance, my credit profile will be changed to reflect my true credit history.

The disputed account is with creditor ******** ****** Magistrate Court. This entry is incorrect as the account was settled in full payment of  $******* as evidenced by a signed court document from the ****** County Magistrate Court Judge as well as the Plaintiff law firm

Therefore, demand is herby made pursuant to the Fair Credit Reporting Act (FCRA), 15 USC $1681 et seq, for immediate verification of this entry as required by the terms of the said Act. Please obtain verification from the creditor and provide me with confirmation of your inquiry.

Under the authority of the FCRA and other applicable State and Federal consumer protection laws, you are required to immediately cease all reporting of this account until and unless you have fully complied with the above demand. You are directed not to release any further negative credit reporting information with respect to liability on this account until this matter is resolved.

This notification shall serve as my demand that the creditor immediately cease and desist any further negative reporting of this account until and unless the alleged debt has been fully investigated and verified.

Although, I would prefer to resolve this matter amicably if possible, be assured that failure to comply fully with the foregoing demands will result in civil litigation to enforce my rights and remedies under Federal and State Law, including all applicable claims for damages, penalties, attorney fees and cost of litigation. Thank you for your cooperation in this matter.

I feel I don't need a lawyer in this matter as I have signed documents from a Judge and Lawyer saying it should have never been placed on my credit report and to removed. This derogatory hit on my credit has cost me 80 points on my Equifax but the other two Credit bureaus removed this upon my letter. I have the letter from Equifax stating they will not remove it.

 

What's everyone's thoughts?

 

 

 

Share this post


Link to post
Share on other sites

@csnider69

We need more information.  

Why isn't it supposed to be on your CR?  

What exactly was stated in the documents from the court and attorney?

Share this post


Link to post
Share on other sites
33 minutes ago, csnider69 said:

The disputed account is with creditor ******** ****** Magistrate Court. This entry is incorrect as the account was settled in full payment of  $******* as evidenced by a signed court document from the ****** County Magistrate Court Judge as well as the Plaintiff law firm

Were you sued and paid off a judgment?  If so that is a public record and the courts have NO power to force a credit bureau not to report it.  Neither does the Plaintiff.  A judgment is like a tax lien or bankruptcy.  The courts do not report it neither does the government or the Plaintiff who won the case.  The bureaus have search bots that comb the public court records and when they find a judgment, tax lien, or bankruptcy they compare the information on the consumer to their data base and it gets entered into the public record on the report.

The ONLY way a judgment gets removed is if the Plaintiff agrees to vacate it.  Most consumers don't know this and it is entirely possible the Magistrate didn't either when he said it shouldn't be on your credit.

37 minutes ago, csnider69 said:

What's everyone's thoughts?

That you should not cut and paste BAD statements from dispute letters on the internet that are riddled with errors.  That letter is SO full of inaccuracies and unsubstantiated threats it is no wonder Equifax ignored you.  

Without knowing the exact circumstances it is impossible to tell if they are reporting something they shouldn't and you got lucky with the other 2 bureaus or if they are right and don't have to remove it.

Share this post


Link to post
Share on other sites
22 hours ago, Clydesmom said:

That you should not cut and paste BAD statements from dispute letters on the internet that are riddled with errors.  That letter is SO full of inaccuracies and unsubstantiated threats it is no wonder Equifax ignored you.  

+1

This letter to dispute anything on a credit report makes me cringe.

  • Like 1

Share this post


Link to post
Share on other sites
22 minutes ago, fisthardcheese said:

+1

This letter to dispute anything on a credit report makes me cringe.

I think we spend more time battling the issues that arise from using that letter that is all over the internet than actual credit problems themselves.

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this