Equifax refusing to provide credit report

[ConnorW]

I'm in Colorado.

The basics. I've been getting the run around from Equifax when requesting my credit report. This happened in 2001 and 2002, I eventually gave up. They didn't like anything I sent them as proof of address.

Now, I've been declined a mortage for $180,000 due to inaccurate items on my credit report. I'm not playing their game any more.

Now that we have the basics, let's get down to the specifics and end up with my question.

8/11/03 Mail letter to Equifax requesting credit report because mortgage for $180000 was declined and I beleive there are inaccuracies on my credit report. Included copy of pay stub with name, address and SSN... everything else with the exception of my employers name blacked out. Also included is copy of electric/gas bill (again everything except my name. address, util companie's name and account number) blacked out.

9/05/03 Call Equifax. Told that the have not received my letter. Ask for fax number. Fax in request again, with pay stub and water bill, same black out of other info.

9/8/03 Receive letter from Equifax telling me that the information I provided does not meet thre requirements for proof of identity or address. Letter dated 9/4/03.

9/8/03 Part 2 Send another fax to Equifax, quoting their letter of 9/4/03 where they say what I need to send to prove who I am and where I live, and pointing out that I sent those items on 8/11/03. ALso state that I want someone to call me back at my cell or email me or I consult an attorney for action under the Federal FDCPA and FCRA and the Colorado FDCPA.

Needless to say I have not heard back from them. I know they broke the the FDCPA, FCRA and the Colorado FDCPA.

I'm done playing with Equifax. What I want is to have an attorney sand them a demand for XXX dollars by XX date or a lawsuit get's filed.

Questions:

Am I being unreasonable?

I WANT to sue them. Do I have a case?

How much is a reasonable amount to sue them for before legal fees?

Comments, thoughts, etc appreciated.

 

[Lawswammy]

On what grounds will you sue them? They have broken no law. At this point you can prove nothing. Instead of faxing, send the info they require via certified mail, return reciept. It probably doesn't help for you to keep blacking out information, as the CRA's job is to report the important information that you are hiding. In order to obtain a precise credit report (which is what you will need to purchase a house) it would be in your best interests to throw away the "black-out".

 

[JETX]

"Am I being unreasonable?"
*** No. But I don't seem to see anything that indicates that you are sending information or talking to any ONE person. I would suggest that you call them again and get a persons name and contact number. Then, FAX the information to that persons attention. That way you will have a factual basis to show your compliance.... and not just 'blank' conversations.

"I WANT to sue them. Do I have a case?"
*** The FCRA says that the creditor who denied your application must advise what CRA reported the negative and the contact information for that CRA. Assuming that was Equifax, then you probably have a case for violation of the FCRA.
For more on this, go to:
http://www.ftc.gov/os/statutes/fcra.htm#609

"How much is a reasonable amount to sue them for before legal fees?"
*** The amounts are set by the FCRA depending on whether it is found tobe willful or negligent non-compliance.
See §616 and §617 at:
http://www.ftc.gov/os/statutes/fcra.htm#616

 

[ConnorW]

On what grounds will you sue them? They have broken no law. At this point you can prove nothing. Instead of faxing, send the info they require via certified mail, return reciept. It probably doesn't help for you to keep blacking out information, as the CRA's job is to report the important information that you are hiding. In order to obtain a precise credit report (which is what you will need to purchase a house) it would be in your best interests to throw away the "black-out".

Lawswammy - Equifax has no reason to know my rate of pay, my hours worked, my vacation balance, my sick day balance, what I pay for in insurance, 401K deductions or anything else. All they need is MY NAME, MY ADDRESS, and MY SOCIAL SECURITY NUMBER. All the items that Equifax doesn't need were blacked out.

As for what law they broke, well, I can give you my attorney's number here in Colorado and you can call them. I already spoke with them regarding some of the matter... like has Equifax violated the law. Their opinion was that Equifax has broken the law, that Equifax is probably fishing for extra information to add to my collection report and that I do have grounds for further action.

As for your statement about the information I am hiding, first of all I am hiding NOTHING that Equifax needs to have, second of all drop the chip on your shoulder, third of all watch what you are saying and accusing people of.

Oh, and to answer the logical question of "Well, if you already consulted your attorney why are you posting here?"... it's called another opinion. If I post here I can get multiple opinions from the good to the bad, some honest and some not so honest. I can get opinions from people who may have gone through this before or no someone who did and maybe a tip or two. And maybe, just maybe my experience will help someone else.

 

[ConnorW]

JETX -

True, I haven't spoken with any one person. The one time I did speak with someone I actually recorded the conversation. In Colorado I don't have to notify them that I am recording. Yes, I am aware that it's a grey area depending on what State the other party is in, but...

Thanks to the link to the amounts. I'm still trying to figure out if the $180000 of the mortgage amount would be considered damages.

My attorney seems to think that the faxes with transmission reports and their acknowledgement of the original letter should be enough. I'll follow it up with a certified return receipt including copies of all previous contact, etc.

From what I understand of Equifax, I can't speak to just one person. That would make matters much more simple, but they run their business the way they want.

 

[JETX]

To 'lawswammy': You said, "In order to obtain a precise credit report (which is what you will need to purchase a house) it would be in your best interests to throw away the "black-out"."
*** And again, you are showing your lack of legal knowledge or skills.
FCRA § 610. Conditions and form of disclosure to consumers [15 U.S.C. § 1681h]
"(a) In general.
(1) Proper identification. A consumer reporting agency shall require, as a condition of making the disclosures required under section 609 [§ 1681g], that the consumer furnish proper identification."
There is NOTHING for anyone to assume that the redacted information has any relationship to 'proper identification'.

ConnorW:
No, the disapproval for the $180,000 mortgage is not recoverable as 'damages'.
Your ONLY allowed 'damages' would be
"§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;
(2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court."

 

[bigun]

Connor,

Have you been denied TU and, Experian? Take a look at the following thread from creditnet:
http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=50595&highlight=thrown+out+of+equifax

The facts are different in that this involves lawsuits filed against Eq. but, the author has found a lawyer willing to take the case and make it a classaction. You can click on the threadstarters name and he will accept email and will be willing to help.
There is also a unpublished Fed. Court opinion called Harris vs Equifax that says it is illegal to deny you a credit report. The lawyer mention in the thread {David Szwak} was the plantiffs lawyer.

 

[ConnorW]

bigun -

Thanks for that link.

TU and Experian actually sent the files. I sent all three the same letter on the same date, with the same proof of address and identity. Only the names and address of the CA were different.

I checked out that link and will most likely contact the thread starter. If the facts are a bit different, well it' salways posible to make a class action like the tobacco one... plaintifs VS the industry.

Every now and then I get what I call my "Robin Hood Complex" over something and decide that I'm going to fight it no matter what. This is shaping up to be one of those issues... although I have another one right now in support of a friend.

JETX -

Damn. Here I was hoping for more. It just seems unfair that the CRA can screw us by how they verify their info (or not as seems to be the case with Equifax), and what they say on the CR, and we end up unable to get a loan or credit card or mortgage or what not and we can sue for $100.

That's denial of credit, seem to recall seeing something on denial of credit somewhere... will have to go through my list of hot links.

I've got issues with all three of them and will be requesting how TU and Experian "verified" the info that I disputed, on eof TU's items was an obvious duplicate on another (the original creditor) and was "verified" while the original creditor was removed. I currently have a letter in to the original creditor for more info. All three had some of the same info, with TU having more items ... 6 or 7 instead of 2 and the others were removed when I disputed them.