Post Number: 1
|Posted on Monday, August 18, 2003 - 08:53 am: ||
This is my first post here. I was referred to the sight by Grendel from another board and I hope you can offer suggestions.
Anyway, after disputing several accounts (I disputed all several times and each was verified) with Equifax then validating them with the OC's ( where I received little information or letters stating "we regret we are unable to provide the document you requested,") I filed small claims in mid July to get them to the table with deletions and cash! I did not list specific account just stated "For FCRA violations. "
However, two weeks BEFORE filing the small claims I had disputed several account listings and now the 30 days which ended about 10 days ago are long since up. I received no dispute report. So, I called Equifax with a dispute confirmation number and all requested ID info. The rep placed me on hold and said someone from another dept. would call me back. No calls from them.
Called 2 more times, same thing. Last call to Equifax I held for 40 minutes and finally a woman came on and said "Due to pending litigation, I could not have current information."
I replied, "I believe I am supposed to be able to get my own info at any time." She just kept repeating the above.
So, I went on line and bought a report. Only it was the same report from last time listing my investigations in progress from early in July. I could not get current info with dispute results on line either.
I e- mailed with this complaint to Equifax and received the response that customer service would look into the trouble and sorry for the inconvenience.
Do I have them big time?
Post Number: 1260
|Posted on Monday, August 18, 2003 - 02:29 pm: ||
I don't know. I am very perplexed because apparently attorneys don't think it's a big deal!
If Equifax would have ever PAID for this nasty habit, I'm sure they wouldn't CONTINUE to withhold reports from consumers.
At http://www.creditsuit.org/ you can read about MY frustration with both Equifax and TU (TU sent me at least a snail mailed report.)
In my case, Equifax knew about my litigation BEFORE I served them, so I just finally mailed the complaint and Waiver last Friday, and I'm going to try to get a court order to release my reports online, with the FICO scores, for TU and Equifax. In small claims you can't do that.
I don't know how good the rest of your case is, but they certainly violated the sections on providing consumer disclosures and probably on investigations. They could have decided that the disputes were frivolous too.
The question is, what are your damages? Since it's NOT a mortgage decline and just "you" didn't get your report, I suppose judges never thought that this was a big deal.
In MY opinion they should have to pay PUNITIVE damages so they'll NEVER do this again. But I'm not the judge.
Post Number: 2
|Posted on Monday, August 18, 2003 - 03:27 pm: ||
Thanks for the quick answer. I want to REFINANCE that's why I embarked on the credit restore adventure. I have applied for refinancing and received rates of over 9% based on accounts that could not be validated but are still reported and listed on the credit files.
I really do have letters stating they "can't locate any contract" or " we regret the documents you requested are unavailable." But, nobody will remove the stupid things. Call me crazy, but, if information is INCOMPLETE or UNVERIFIABLE isn't it supposed to be removed? I really don't know if the stuff listed is correct or not, and they haven't proven anything!
I spoke to Larry Farber who handled the Richardson case and he expressed interest if I wanted to go federal. What I really want is the stuff gone and a refinance and some cash for the time and effort wasted.
I have asked for procedures and all I get is a generic letter stating my accounts and their P.O. Boxes.
Before rates go back to 9% I want to get refinanced!
I can't get anyone to listen. That's why I filed the small claims deal.
Any further thoughts?
Post Number: 1262
|Posted on Monday, August 18, 2003 - 03:52 pm: ||
I'd really have to review all your reports, disputes, results, etc. to make any recommendations on what you should do - and I'm too busy to do that.
If an attorney takes your case on contingency, go for it! A good attorney could turn this into another Bennett type documentary on the strange investigation procedures of CRAs and creditors.
Small claims is a good wakeup call, I recommend it only to settle prior to the hearing, and if that can't be accomplished, I dismiss. Too many people get screwed and in most states you can't appeal.