EXPERIAN

#1 04-01-2004, 03:44 PM

I got a response today from Experian regarding the tax liens.& They sent me two envelope mailings - in the first envelope,&(page 1 of 2) they listed ALAMEDA COUNTY RECORDER&(only)&8 times with the SAME&CANNED RESPONSE AS BEFORE!:

"The&items listed could not be&investigated because you did not tell us specifically why the information is inaccurate.&"&

In the second envelope they enclosed pages 9-14 from my&credit report.& Only those pages.& What happened to pages 3-8?& I didn't see the tax liens on those pages, so I don't know if they have been deleted or not.

&These people are crooks.... I'm tellin ya...

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#2 04-01-2004, 04:59 PM

I found pages 3-8 -& they&slipped out from under me

The tax liens are still&there.& Nothing has been deleted.

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rushpat · #3 04-01-2004, 07:36 PM

Quote:

Originally Posted by Tora

"TheÂ*items listed could not beÂ*investigated because you did not tell us specifically why the information is inaccurate.Â*"Â*

Â*

I hope we aren't seeing a defensive pattern forming here....

#4 04-01-2004, 08:08 PM

rushpat,

I don't know if you'd call it a "defense" pattern, but it is a pattern alright.They are blatently&refusing to abide by&their own code.&

I'm going to talk to someone tonight who might be able to help me with&a lawsuit.& It shouldn't be too difficult to write the complaint.&

#5 04-02-2004, 02:47 PM

I talked to my friend last night about&suing Experian.& His answer wasn't encouraging to say the least. 

First thing he asked me was, What evidence do I have&that proves they haven't verified the debt?& I told him that I&asked them to verify the debt and they keep telling me to dispute it.& He then asked me what I think "verify" means.& I& quoted him&from&Black's Dictionary.& He said, Black's dictionary&is not the law.&I said so then what does verify mean?& He said to a CRA it could mean to investigate, and that's all.& I told him they are required to verify all adverse information before they report it. He then told me&that winning&that argument would depend on the judge. If I got a liberal judge he would rule on the "form" (written) of&law,&and rule in my favor, and if I got a conservative judge, he would rule on the "function" (the intent) of law and dismiss the case as frivolous. 

He then said&I should write them AGAIN and ask for a description of how they verified the information, including the name and&address contacted and telephone number.&He also said I need to check what they mean by "30 days ending" ie., the last sentence in&1681(d)

So, there you have it.. to a CRA "verify" means to investigate...they need your side of the story before they verify it.& So I would say that if you&have proof that you discharged the debt,they will investigate (verify)&that&what you say is true.

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Jerseee · #6 04-03-2004, 12:15 AM

Tora,

This is not the case. If you adopt that position you are arguing. I am going to assume that your friend is schooled in law somehow.

My method is simple and non-argumentative. Also, you have put the CRAs on notice of the code. Furthermore, you should have mentioned that this is not a dispute but, simply a demand for verification. Doing this protects the CRAs and you. They have to report accurate information and all you are telling them to do is verify that it is accurate according to the code. You are not disputing or trying to define what the term "verify" means. This is not your responsibility.

Your friend is creating an argument. It is not your responsibility to define the word "verify". You are only doing what the code says. You are not a Supreme court judge therefore, you cannot interpret law. Well unless you are a supreme court judge.

Please do not argue. As you can see, you know you were right deep down but, your friend created an argument by having your bear the burden of proof.

good luck and have fun

#7 04-03-2004, 01:36 AM

Jerseee

My last letter to Experian could not have been&clearer.& They won't&verify the debt because they can't.&Why can't they?& According to their code, all they need is a name, address, and contact information.& So why can't they get that from IRS?& What is the big deal? &

How&do I put them on Notice to set them for a lawsuit? &

I know I can convince my friend to help with the complaint. No problem there.He doesn't understand that Experian is doing this on purpose. At this point he thinks I am not&being clear&in my request. &I don't think he understands how they are required to verify the accuracy of what they are reporting. But with a few more conversations, I think&he will.& He&was saying that if I lose, that I could be sanctioned for&Experian's attorney's fees and costs.& He was putting fear in me because he doesn't completely understand.

But,&you're right... they do know what they are doing..

I shouldn't have to keep asking them the same thing over and over..

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Jerseee · #8 04-03-2004, 05:24 AM

Tora,

You are going in the right direction, They are not just going to rollover because you know the truth.

What you are doing is building a case. If your friend cannot see that--then you can determine who is in your corner and who is not. you know that you have their word in writing so, what is the problem?

These are the questions you ask yourself.

have fun

#9 04-03-2004, 02:02 PM

I haven't heard anything back from TransUnion or Equifax.& It's been about 20 days now.&I'm wondering now whether I should have sent those letters certified mail, because they may not respond at all.

So I guess I'll wait until the 30 days is up and then write them again.

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wirlwind · #10 04-03-2004, 02:24 PM

I sent my letters certified, and I have gotten the green cards back from Equifax and Transunion, but haven't gotten the green cards back from Experian.& It's been over a week now.

In my letters, I sited the USC Title , chapt. etc.& I also requested that any verification that they received that it be sent to me also.& I told them that I had requested verification from the companies I listed, and had never received it.& A lot of this stuff was in Jersey's VOD thing in the download section.&

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Wirlwind

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