Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 11-08-2004, 10:08 PM
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dalrex dalrex is offline
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Trans Union has not deleted...

Trans Union received my registered letter (confirmed by signature) on Sept 27, which was asking for validation of the (specified) alleged debts that are reported on my bureau. I have received NO response from them to date. I just pulled up my bureau online and nothing has been deleted :( What should my next letter to them state? Please delete all, as you have not validated/verified within 30 days of receipt of my letter???

DR
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  #2  
Old 11-08-2004, 10:48 PM
droog79
 
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send them a summons for violation of FCRA Section 611(a)(1). it is a $1000 fine per entry. do it in small claims court.

Last edited by droog79 : 11-08-2004 at 11:47 PM.
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  #3  
Old 11-09-2004, 07:56 AM
cute_chick
 
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TransUnion

Hey everyone! Long time no hear from!

Droog: I have encountered the exact same problem with TransUnion. To date, I've sent them 2 letters requesting that they verify my accounts and, if the accounts are confirmed, to furnish a statement explaining the procedure(s) used to verify the debt. As you are aware, we have the legal right to have our accounts verified from the FCRA. Well, all Transuion has done is give me the same unresponsive letter that says *No Verification Documents Are Available.* This is a blatant violation of the FCRA, which entitles you to sue TransUnion for your damages.

It seems like TransUnion is doing this to everyone perhaps to honor their pact with the banks or something. Who knows? In any event, suffice it to say, that TransUnion had 30 days from the date they received your original letter to run the reinvestigation and if TransUnion has not honored your request in 30 days, you should sue!

It should be noted that I did receive a response from Experian and some of my accounts were deleted from that report. I plan to send a courtesy copy of Experian's reinestigation report to TransUnion and Equifax. Under federal law, they MUST delete accounts that cannot be verified or face more civil penalties in a court of law. I'll advise you to do the same.
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  #4  
Old 11-09-2004, 10:07 AM
droog79
 
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IMHO i would stop wasting my time with them. this seems like an age old problem. they are consistently unresponsive. give them their 30-days (60 days seems to be the rule of thumb) if no response collect your $1000! if they keep ignoring you , you might have found a nice new high paying job! but i think once they receive the summons, they will come to their senses and remove the unverifiable entries.
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  #5  
Old 11-09-2004, 04:46 PM
sadie sadie is offline
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How would you serve them a summons? Where would you file? In your state or theirs?
Who do you sent it to?

Sounds like a good plan but need some details.
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Old 11-09-2004, 04:56 PM
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dalrex dalrex is offline
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I jumped the gun... I just got a letter from Trans Union today! Their letter doesn't even state that they tried to verify or validate the accounts, at least Equifax said that they did!! The letter stated:

Transunion receives information from creditors either by computer updates or letter. If you wish further details on the information you need to contact the creditors listed in your letter directly.
For general information regarding TransUnion of Canada Inc please visit our web site at www.transunion.ca where you will find information regarding Frequently Asked Questions, as well as the opportunity to request a copy of ytour credit report online.

Sincerely,

Mail Department
transUnion Canada
jw

Is it my job to contact the creditors directly?!!! Why don't they do their job!
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  #7  
Old 11-09-2004, 06:42 PM
droog79
 
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Quote:
Originally Posted by sadie
How would you serve them a summons? Where would you file? In your state or theirs?
Who do you sent it to?

Sounds like a good plan but need some details.


heres the answer to your questions:
http://www.courts.state.va.us/pamphl...ll_claims.html

but check on your own local procedures.
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  #8  
Old 11-10-2004, 08:03 AM
cute_chick
 
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Quote:
Originally Posted by dalrex
I jumped the gun... I just got a letter from Trans Union today! Their letter doesn't even state that they tried to verify or validate the accounts, at least Equifax said that they did!! The letter stated:

Transunion receives information from creditors either by computer updates or letter. If you wish further details on the information you need to contact the creditors listed in your letter directly.
For general information regarding TransUnion of Canada Inc please visit our web site at www.transunion.ca where you will find information regarding Frequently Asked Questions, as well as the opportunity to request a copy of ytour credit report online.

Sincerely,

Mail Department
transUnion Canada
jw

Is it my job to contact the creditors directly?!!! Why don't they do their job!

I received the same letter from Transunion (2 letter to be exact) and Transunion still conducted their reinvestigation as I requested (see my thread on here *Updated Response from TransUnion).

All this letter is saying is that Transunion does not have the duty under the FCRA to validate the debt for the creditors. In other words, the CRAs are like journalists who report the facts to the public. And although journalists must take care to ensure the accuracy of the facts they report, it is not their job to argue or PROVE the validity of the story. Journalists NEVER argue or take sides when they report a matter. Well, the CRAs jobs are like the journalists - that is they must objectively and impartially report the facts.

So using this analogy, let's say a journalist tells your potential employer that sources say that you are having money problems and cannot pay your bills as they become due. You will first check with the journalist to see if she made a mistake in reporting the facts, right? The jounalist will defend her position and say that the story is accurate to the best of her knowledge and will probably reveal her sources to you. From there, you will go after the source and make him prove the validity of his statements made to the journalist. The source will probably give you documentation to support his statements, maybe he won't. And if he doesn't prove his case and issues a retraction, then you will sue him, right?

Well, the same procedure applies during Transunion's reinvestigation process. . . . . . .
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  #9  
Old 11-10-2004, 08:15 AM
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seeker seeker is offline
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Point is, the journalist will have FACTS -- they are not supposed to (LOL!) report on presumptions/assumptions, only cold, hard, verifiable FACTS. This is the drop-point for CRAs-- and that upon which we must insist! Show us the verified FACTS and we will act/react accordingly. IF you do not have those FACTS in hand, STOP REPORTING THE ENTRIES AS SUCH. Pretty simple. Seems each CRA is fickle on how it responds. TU responded right away to my FIRST letter with 27 deletions. Still haggling over three, and they have not provided the FACTS, only say they have verified. I want to see those FACTS or I want that entry deleted as per the FCRA. Simple. Experian and Equifax have done nothing. Maybe it is time for small claims court ... is the $1000.00 fine per entry or per CRA?

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  #10  
Old 11-10-2004, 10:14 AM
droog79
 
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how i understand it, it is $1000 per FCRA violation.
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