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  #1  
Old 10-13-2009, 11:17 PM
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Join Date: Oct 2009
Posts: 5

Mistaken ID, Case Disimissed, Confidentiality & Credit File Question


What is the name of your state (only U.S. law)? California

A case against me was dismissed, with the help of an attorney who has recently died. He gave me a good price on the consult and help - but so far I've not found another affordable lawyer for my new question below. I am still looking but my income is very limited.

The original case was a suit against me for a debt I definitely did not owe. The person re: the dismissed situation had the same name as me (first and last name) but was definitely not me. My lawyer was able to prove this very easily and the case was dismissed. I was also paid settlement money but there was a signed agreement by both sides that I would not divulge that the opposing attorney made a mistake.

New problem:

A negative listing has appeared on my actual credit reports, not the same bank card/lawsuit that was dismissed:

Since the fact that the other case was dismissed is in the public court record (without details of the agreement, I would imagine) is there a way I can let that case dismissal help me successfully get rid of the negative listing that is now showing? It's with a bank I certainly never applied for credit with. But can I let the first case help somehow and can I do this without violating the confidentiality agreement? Which was about the money and not revealing the details of why and that I got paid.

In this new situation the person has the same name again but different middle initial than my own. I think their file has merged with/been reported as belonging to my file. And I'm wanting to understand the most efficient way to deal with this (literal steps to take), especially considering that I do not have a lawyer at this time.

Thank you-What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  #2  
Old 10-13-2009, 11:36 PM
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Join Date: Dec 2007
Location: Thebes
Posts: 6,068
Quote:
Originally Posted by forestgreen View Post
What is the name of your state (only U.S. law)? California

A case against me was dismissed, with the help of an attorney who has recently died. He gave me a good price on the consult and help - but so far I've not found another affordable lawyer for my new question below. I am still looking but my income is very limited.

The original case was a suit against me for a debt I definitely did not owe. The person re: the dismissed situation had the same name as me (first and last name) but was definitely not me. My lawyer was able to prove this very easily and the case was dismissed. I was also paid settlement money but there was a signed agreement by both sides that I would not divulge that the opposing attorney made a mistake.

New problem:

A negative listing has appeared on my actual credit reports, not the same bank card/lawsuit that was dismissed:

Since the fact that the other case was dismissed is in the public court record (without details of the agreement, I would imagine) is there a way I can let that case dismissal help me successfully get rid of the negative listing that is now showing? It's with a bank I certainly never applied for credit with. But can I let the first case help somehow and can I do this without violating the confidentiality agreement? Which was about the money and not revealing the details of why and that I got paid.

In this new situation the person has the same name again but different middle initial than my own. I think their file has merged with/been reported as belonging to my file. And I'm wanting to understand the most efficient way to deal with this (literal steps to take), especially considering that I do not have a lawyer at this time.

Thank you-What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Here is a helpful link. I hope this helps

[url=http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm]How to Dispute Credit Report Errors[/url]
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #3  
Old 10-17-2009, 01:46 AM
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Join Date: Oct 2009
Posts: 5
Hello-

I was able to discern the link - but the things on that page I already know. I was really asking if the document at the courthouse (that I mention above) that shows the dismissal can help me right now (and if it might help speed the process).

If anyone knows the answer please post.

Thanks-






Quote:
Originally Posted by Wirelessany1 View Post
Here is a helpful link. I hope this helps

[url=http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm]How to Dispute Credit Report Errors[/url]
  #4  
Old 10-17-2009, 08:33 AM
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Join Date: Jan 2003
Location: Pennsylvania
Posts: 688
yes wireless gave the answer.

Dispute on report.
It is the duty of the Credit Reporting Agency to have 100% accurate information.
It is NOT your duty to do their homework. You need only alert them of their errors and have them investigated and corrected. All correspondence by Certified Mail Return Receipt. THere is a time line for them to correct this error or give reason as to why it is to stay on report.

Research NACA -They are consumer lawyers who are versed in this subject.
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  #5  
Old 10-17-2009, 09:06 AM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,509
Quote:
Originally Posted by forestgreen View Post
I was really asking if the document at the courthouse (that I mention above) that shows the dismissal can help me right now (and if it might help speed the process).
Do the following:
1) Get a copy of your current credit report.
2) Review it and note what records CLEARLY are not yours.
3) Write letter to reporting agency (CRA).
4) Include claim that someone else has same name (different middle initial) and presumably different SSN and that the TWO persons records APPEAR to have been merged.
5) Include an ITEMIZED list of what records you believe are NOT yours.
6) Include a copy of the judgment (showing dismissal of claim) to support your belief that the records are POSSIBLY merged.
7) Ask them to investigate your file and remove the records that are NOT yours.
8) In letter, include request that they contact you with the results when their investigation is completed.
9) Take letter to post office.
10) Fill out certified mail documents.
11) Give letter with documents to mail 'clerk'.
12) Pay money.
13) Wait appropriate time for response.

Okay, hand-holding 101 is now complete.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #6  
Old 10-17-2009, 11:23 AM
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Join Date: Dec 2007
Location: Thebes
Posts: 6,068
Quote:
Originally Posted by JETX View Post
Do the following:
1) Get a copy of your current credit report.
2) Review it and note what records CLEARLY are not yours.
3) Write letter to reporting agency (CRA).
4) Include claim that someone else has same name (different middle initial) and presumably different SSN and that the TWO persons records APPEAR to have been merged.
5) Include an ITEMIZED list of what records you believe are NOT yours.
6) Include a copy of the judgment (showing dismissal of claim) to support your belief that the records are POSSIBLY merged.
7) Ask them to investigate your file and remove the records that are NOT yours.
8) In letter, include request that they contact you with the results when their investigation is completed.
9) Take letter to post office.
10) Fill out certified mail documents.
11) Give letter with documents to mail 'clerk'.
12) Pay money.
13) Wait appropriate time for response.

Okay, hand-holding 101 is now complete.
Are you feeling well this morning, my friend Not like you to hand hold!!!
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #7  
Old 10-17-2009, 01:03 PM
Senior Member
 
Join Date: Jan 2004
Location: IN
Posts: 1,170
Quote:
Originally Posted by Wirelessany1 View Post
Are you feeling well this morning, my friend Not like you to hand hold!!!
That was my first thought too!
__________________
Originally Posted by cbg
Quote:
Just because you see it on Law and Order doesn't mean that's the way it works in the real world. They have a script.
Originally posted by Rushia
Quote:
I'm not an attorney either, I just know a whole lotta stuff.
  #8  
Old 10-17-2009, 06:30 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,509
Quote:
Originally Posted by Wirelessany1 View Post
Are you feeling well this morning, my friend Not like you to hand hold!!!
I posted BEFORE I had gotten my coffee.....
I don't do that very often... but I had sympathy on my housekeeper and got up BEFORE she had made the coffee.

I either have to stop getting up early on Saturdays.... or find another housekeeper!!
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #9  
Old 10-25-2009, 12:48 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Quote:
Originally Posted by Tayla View Post
yes wireless gave the answer.

Dispute on report.
It is the duty of the Credit Reporting Agency to have 100% accurate information.
It is NOT your duty to do their homework. You need only alert them of their errors and have them investigated and corrected. All correspondence by Certified Mail Return Receipt. THere is a time line for them to correct this error or give reason as to why it is to stay on report.

Research NACA -They are consumer lawyers who are versed in this subject.
Thank you, Tayla, for responding to my post. I have pulled up the NACA website. Looks like a wonderful resource & have saved it to favorites for further review.

Great name, btw. Reminds me of a very good singer you might enjoy. A young girl called "Tayla Blue" is a part of the KidsCanSing2 channel project on Youtube. Her rendition of "Warwick Avenue" is delightful. I'm not a mother yet but imagine her parents must be very proud of how talented she is.

Kind Regards~
  #10  
Old 10-25-2009, 01:55 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Quote:
Originally Posted by JETX View Post
Do the following:
1) Get a copy of your current credit report.
2) Review it and note what records CLEARLY are not yours.
3) Write letter to reporting agency (CRA).
4) Include claim that someone else has same name (different middle initial) and presumably different SSN and that the TWO persons records APPEAR to have been merged.
5) Include an ITEMIZED list of what records you believe are NOT yours.
6) Include a copy of the judgment (showing dismissal of claim) to support your belief that the records are POSSIBLY merged.
7) Ask them to investigate your file and remove the records that are NOT yours.
8) In letter, include request that they contact you with the results when their investigation is completed.
9) Take letter to post office.
10) Fill out certified mail documents.
11) Give letter with documents to mail 'clerk'.
12) Pay money.
13) Wait appropriate time for response.

Okay, hand-holding 101 is now complete.
Thank you, Mr. JETX!!, for posting that generous response. Never a bad thing to be reminded of the best steps to implement when inquiring about items that don't belong. And thank you for emphasizing those important extra details. Your bullet list is saved to my machine and I will be using it. "Hand-holding" noted and counting my lucky stars. You're the mayor and my new hero of the day.

In addition, an especially appreciative nod for the details in #6 re: the dismissal. It answers what I was most immediately concerned about. Wanted to make sure I'd be handling the use of it correctly. And in a way that would assist me, in the positive, without violating the agreement. A small detail for a seasoned expert - or super-experienced citizen. But very significant for a consumer like me - regarding the basic understanding of dismissal agreements & related court records. So....gracias, mange takk, merci, spasibo, mille grazie....

Now, to switch tracks:

You have a housekeeper? Or are you joking. If you do have you're one lucky duck. And so would she be since you know so much about consumer law. ....I need one myself....and a chef or two....
  #11  
Old 10-25-2009, 02:18 PM
Junior Member
 
Join Date: Oct 2009
Posts: 5
Quote:
Originally Posted by Wirelessany1 View Post
Are you feeling well this morning, my friend Not like you to hand hold!!!
Are you and the others saying that he's usually grouchy? Because I think he's really nice!....said the new girl, lol!

But for all I know he'd try to sizzle me on the grill, in real-world, off-line life, haha!...What's in that public forum profile?...Let's check!
  #12  
Old 10-25-2009, 02:25 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,509
Quote:
Originally Posted by forestgreen View Post
Are you and the others saying that he's usually grouchy?
Not really. I just am pretty adamant that the posts on this forum be ACCURATE (since you rely on them) and not some random 'droolings' by attorney wanna-be dweebs... or the legally ignorant. Those who do drool or are ignorant.... don't like my posts and whine and cry about them.

The one 'saving grace' is that they don't usually last long on the forum...

BTW, thank you for your kind comments. They are appreciated.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!

Last edited by JETX; 10-25-2009 at 02:29 PM.
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