Credit Bureaus Reporting Inaccurate BK Info

[rudy14]

What is the name of your state? OH

I filed CH 7 BK and it was discharged in 2005. I have recently noticed that the 3 bureaus (TU EQ and EX) are all reporting inaccurate information about my BK. Specifically, the dates were wrong, the court names listed were wrong, the docket numbers were incomplete, just to name a few.

I have been reading a lot about CRA's and the FCRA. I have learned enough information on how to dispute and request investigations.

I disputed the BK with TransUnion, (CMRRR) stating that the info they were reporting was inaccurate. I specified to them what information I believed to be inaccurate, as mentioned above. I also requested within that dispute, that they supply me with the methods used for verification, including names, addresses, phone numbers, etc They sent me a letter stating that they had confirmed the information as being accurate, as reported by the subscriber. However, they did not send me any information that I requested in regards to their method of verification.

I sent them another letter (CMRRR) disputing the same information AGAIN, stating what I though to be inaccurate in regards to the BK, and on the same day in a different envelope with a different CMRRR, sent a Procedural Request letter to them , requesting that they give me all the information such as names, business addresses, persons of contact, phone numbers, etc, for the person(s) or business(es) they used to verify the information.

They sent me back a generic computer generated form describing there "General Policy" on their (vague) procedures for verifying the accuracy/completeness of the information reported. There were no names listed, no telephone numbers of who they contacted or used to verify this debt. I understand that the CRA's use systems such as PACER, or other electronic pay for access systems to obtain public information such as BK's, however, they just basically said that the contact by mail, electronic or telephone the source of information.

As I have read the FCRA, and as it applies to my situation, TransUnion had 15 days from the receipt of my letter to furnish this information that I had requested to me in writing, to which they have not. I am prepared to send them a letter requesting deletion of the BK from my credit report, as they have failed to provide me with the lawfully requested description and information within the time frames specified by the FCRA and obviously must not have received the adequate proof as verification from the creditors that would have allowed them to verify the disputed information.

Now it comes down to, is that it is not so much whether or not the information is inaccurate, but that they have violated the law, and I as a consumer, feel that they have not done their job accurately and thoroughly. I have also prepared a complaint to small claims court in my municipality, which I plan on forwarding to TU should they not delete the BK from my file and send me an updated copy of the report within the 15 days of receiving my request for deletion.

I think that I have dotted all of my I's and crossed all of my T's. I have done what is required by me, as a consumer, in order to maintain the integrity of my credit file. I know that under my rights of the FCRA, that I can sue for damages, and such, for being denied credit, having a lower score, my credit being "hurt," popssibly allowing for fraudulant activity on my credit file, as well as plain old negligence on their part.

As I have said I have prepared a complaint to send should they not delete, in which I do intend on filing in small claims court. My question is, with the information given in this post, have I really covered all the basis? Am I in the right? Do I have enough "evidence" to support the request of deletion and the Intent To Sue? ALSO If anyone would be gracious enough to peruse my ITS and Complaint to the court, and perhaps the FTC, to make sure I covered all the basis, and possibly further advise me, this would be greatly appreciated.

Thank you,

Tom

 

[Texas Pooh]

A few questions:

What information are your trying to delete? Have you sent them a certified copy of the bankruptcy pleading, which would have much of the information you're apparently trying to correct.

What impact will the deleted information have on your credit score, do you think? Obviously, the bankruptcy stays on your credit report, so the damage is likely done.

Damages for violaton of the Act are $1,000 per violation. You can not recover the other damages you set out in your post.

Finally, be prepared for the CRA to remove the lawsuit to federal court, which is much more difficult to litigate in than small claims court.

It is very frustrating when the CRAs do not respond as required, which is unfortunately all too often.

 

[rudy14]

Response

In response to your questions:

What information are your trying to delete? I am not trying to delete anything. I am trying to get them to do their job and report the information accurately.

Have you sent them a certified copy of the bankruptcy pleading, which would have much of the information you're apparently trying to correct. Why should I send them a copy of my BK papers, when they don't even read the letters I have sent them. Obviously if they would have read them, they would have done what they were supposed to, and was required of them by law, unless of course, oh wait, perhaps they are just being Negligent!

What impact will the deleted information have on your credit score, do you think? Well, I'm thinking that the credit score might go up, considering I only have one account reporting IIB, since everyone else deleted the TL's I had with them that I IIB. Of course that isn't the reason that I am trying to have it deleted, once again, as stated earlier, I just want them to do their jobs and since they haven't, and are being negligent and are in violation of the FCRA, I want it deleted because they failed to provide proof to me that they actually have verified the information properly, which they have not.

Obviously, the bankruptcy stays on your credit report, so the damage is likely done. Yes, Obviously. But if I can make the *******s do their job, and this is the end result, where is the harm?

Damages for violation of the Act are $1,000 per violation. You can not recover the other damages you set out in your post. So I am a little confused about this statement. Are you saying that there are no damages done, or that I can only sue for civil liability for willful noncompliance?

Finally, be prepared for the CRA to remove the lawsuit to federal court, which is much more difficult to litigate in than small claims court.

It is very frustrating when the CRAs do not respond as required, which is unfortunately all too often**************.Yes which goes to show that I just want them to do what is legally required of them. I am sure that I am not the only person who has ever had, or ever will have this problem

 

[Who's Liable?]

A few questions:

What information are your trying to delete?

You don't want the CRAs to delete anything, you only want them to report what is accurate information.

Have you sent them a certified copy of the bankruptcy pleading, which would have much of the information you're apparently trying to correct.

This has got to be the WORST advice given on BK. You NEVER EVER send in BK information to the CRAs. It is NOT the responsibility of the consumer to divulge that information. The CRAs can ONLY report what is ACCURATE by what is given to them.

What impact will the deleted information have on your credit score, do you think? Obviously, the bankruptcy stays on your credit report, so the damage is likely done.

Credit score don't always reduce with a BK. There is no way to tell how much the report will change once all the inaccurate information is removed. It can change very little, or possibly very much.

Damages for violaton of the Act are $1,000 per violation. You can not recover the other damages you set out in your post.

Are you so sure? As the OP stated, the CRAs MUST by FEDERAL LAW remove inaccurate information in the time given.

 

[nrknlknek]

Interesting situation, but I don't think OP has a a cause of action here. Any such complaint would need to contemplate damages to the OP as a consequence of the CRA posting supposedly inaccurate information---hard to demonstrate at best! Moreover, CRA are careful not to expressly warrant their information as accurate. Remember, they aggregate and provide information to those entities who are in the business of extending credit and the fact that the OP has a BK (which is apparantly accurate) is more germane to their concerns than the accuracy of the caption.

 

[Texas Pooh]

This has got to be the WORST advice given on BK. You NEVER EVER send in BK information to the CRAs. It is NOT the responsibility of the consumer to divulge that information. The CRAs can ONLY report what is ACCURATE by what is given to them.

I think you missed the point.

The CRAs already have the BK information - the issue is that OP doesn't think it is being reported correctly. OP has two choices: he can ask for an investigation, and hope that the CRAs send a verification request and get back accurate information and update their files, or s/he can try to get the CRAs to fix the problem themselves.

I think nrknlknek is absolutely right - no cause of action because of no damages. The inaccurate information is probably not causing any damage. That's why I asked OP what he was trying to achieve.

Are you so sure? As the OP stated, the CRAs MUST by FEDERAL LAW remove inaccurate information in the time given.

No, that's not what CRAs must do. What CRAs must do is verify the information with the entity that reports it. If it can not be verified, it must be deleted. If it is verified, it stays - even if inaccurate. CRAs are not required to make any independent assessment of the accuracy of the information.

The legal requirement is at Section 1681(e): Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

OP, as to violations, there is a two part standard. There are penalties for willful non-compliance, or a penalty for negligent non-compliance. Damages for willful non-compliance are a maximum of $1,000 for each lawsuit; and there is a defense that the CRA had reasonable policies or procedures in place.

 

[Ladynred]

I have done what is required by me, as a consumer, in order to maintain the integrity of my credit file

Actually, I don't believe you have completed the necessary actions at all. The process, per the FCRA and FACTA, is you first dispute the inaccuracies with the CRA's. If they come back as 'verified' (and they often do because they don't do much in the way of actual INVESTIGATION), then the NEXT step is that you dispute DIRECTLY WITH THE FURNISHER OF THE INACCURATE INFORMATION. From what I read, you didn't do this, you just submitted a second dispute to the CRA's.

The inaccurate information is probably not causing any damage.

How do you know that ? I would have to say that if it's inaccurate, it has the potential for harm, especially when they have dates wrong ! FCRA says $1000 per violation - prove the violation. Proving actual damages ON TOP of that can be more difficult.

Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

That would be nice.. but anyone who's been thru the grinder with the CRA's trying to correct inaccuracies knows darn well that they do very little. You dispute is reduced to a 2-digit number, any actual papers that you send are ignored, and each rep has a set amount of time (which is less than 30 mins) in order to process the disputes. How is that a 'reasonable procedure' ??? It's ludicrous - and they get away with it!

 

[rudy14]

Actually, I don't believe you have completed the necessary actions at all. The process, per the FCRA and FACTA, is you first dispute the inaccuracies with the CRA's. If they come back as 'verified' (and they often do because they don't do much in the way of actual INVESTIGATION), then the NEXT step is that you dispute DIRECTLY WITH THE FURNISHER OF THE INACCURATE INFORMATION. From what I read, you didn't do this, you just submitted a second dispute to the CRA's.

OK you said that you don't believe I completed the necessary actions. Please tell me where I faltered or left something out or did something improperly, and what I can do to fix it:

I disputed with them the accuracy of the record.

They Verified

I then requested to be informed of their procedures of how they verify, including names, addresses, phone numbers, persons of contact. I also re-stated my dispute, why I disputed it, and what was wrong with it.

They sent a generic form letter describing how they verify, but did not give me any info about who they verified it through. Obviously they didn't call the court, since I have a letter from the clerk saying that they have a policy which states they do not verify with the CRA's or anyone for that matter, over the phone, or by mail, or in person any information pertaining to anyones public records. So who did they verify it with? They certainly are keeping it a secret from me!!

I then sent them another letter stating that they have failed to comply with my request per the FCRA and that they were in violation of the FCRA. I stated that they were reporting inaccurate information that I have twice disputed with them. I stated to them that they have not provided to me proof that they verified it, if they did, through anyone, and they have failed to provide me with the names or company names of who they used to verify the information that they are claiming as verified. I pointed out that if the couldn't tell me who they verified it through, that I questioned the validity of the information and wished that it be deleted as I felt that it was inaccurate and unverifiable.

Waiting to her back from CRA.

Where did I go wrong? What have I left out?

"Quote" How do you know that ? I would have to say that if it's inaccurate, it has the potential for harm, especially when they have dates wrong ! FCRA says $1000 per violation - prove the violation. Proving actual damages ON TOP of that can be more difficult. "End Quote"

I have proof of the violation. I have copies of the letters I sent CMRRR along with the copies of the signed receipts stating the letters were received. They are in violation as they have willfully neglected the FCRA by failing to comply with supplying me the information that I am entitled to that I have requested from them 2 times. I would think they are also in violation because they are required to report accurate information. If they cant provide me with who they verified it through, how can the prove that they verified it at all? Would that not be a violation again of negligence?

"Quote" That would be nice.. but anyone who's been thru the grinder with the CRA's trying to correct inaccuracies knows darn well that they do very little. You dispute is reduced to a 2-digit number, any actual papers that you send are ignored, and each rep has a set amount of time (which is less than 30 mins) in order to process the disputes. How is that a 'reasonable procedure' ??? It's ludicrous - and they get away with it!

My question is, who did TU verify my BK with. We all know that people can use the INTERNET (PACER) to look up the information, but who has the authority to actually post it to my credit report?? If someone at TU goes on PACER and looks it up and then says oh that goes on this guys report, don't they have to tell me that so and so at TU verified the record to be accurate. TU address is so and so, and their phone number is so and so?? We all know that someone from TU didn't go all the way to Toledo, OH and go down to the court and look up the record personally? So someone, somewhere, obviously alerted TU that I had filed BK, and now that I am challenging this, someone somewhere, somehow, had to look up that information and report it back to TU. Per the FCRA TU Is required to tell me who that person was, how they looked it up, there Name, address and phone number. They have failed to do so, and are now in violation. I am obviously smart enough that I WOULD NOT EVER send them a copy of my Bankruptcy papers. And further more, why should I? It's there job to verify the information, not mine. Why the hell would I help them do their job. They certainly aren't helping me.

So according to my calculations, as far as I know, I did what I was supposed to and I am anxiously awaiting for someone with the right answers to respond to my post!

 

[Ladynred]

The furnisher of the information is NOT the CRA, it is the creditor that reported the inaccurate information. While the FCRA says you can ask for the procedures, they will NEVER divulge their ACTUAL process. The CRA's don't get your bK information from PACER, nor do they get it directly from the courts. They BUY the information from companies, like Dolan Information, who in turn pay people to troll court records.

 

[RuGa]

BK discharge...

Send in your copies of your D & F schedules along with copies of the discharge to all three CRA's and request them to update your info.

In this manner they have actual 'court' documents with which to verify info.
Your just telling them it's wrong does them no good. Give them actual 'legal' documentation with which they can fulfill your request.

 

[rudy14]

I have contacted the court, and they said they do not verify any public information with anyone via phone or mail or in person. They also stated that they do not deal with disputes of inaccurate information. I have the BK Paperwork, so I obviously know that it is not the court giving them the information, let alone inaccurate. They told me I would have to dispute it with the CRA.

Secondly, why should I help TU Do their job for them. I am at a point now where I am not going to do anything to help them. If they cant report it accurately and take the time to fix THEIR mistakes, then they should just delete the info because it cannot be proved as accurate.

So this Dolan company just waits around for a bankruptcy to become public record and then they report it to the CRA's? So if Dolan is furnishing inaccurate information and thats why perhaps TU is reporting it as inaccurate, what avenues do I have under the FCRA to dispute that information with Dolan? Would they fall under the FCRA or not because they arent a CRA?

Any advice?

 

[Ladynred]

Secondly, why should I help TU Do their job for them. I am at a point now where I am not going to do anything to help them. If they cant report it accurately and take the time to fix THEIR mistakes, then they should just delete the info because it cannot be proved as accurate.

While I understand your attitude, your understanding of their duty, and ours, under the FCRA is incomplete. The CRA's only report information that is FURNISHED TO THEM.. basically they regurgitate whatever a creditor or other source GIVES them. It's not THEIR mistake, it is the mistake of the company they BOUGHT the BK information from. Dolan is not the only provider of public records, there are other companies out there.

It is the CRA's duty to RE-INVESTIGATE once they get a consumer dispute - unfortunately their 'investigation' and their 'resonable procedures' for the most part, are a joke, they don't come close to being good enough. The FCRA does state that consumer has to provide some information too, which you will find here:

(3) Determination That Dispute Is Frivolous or Irrelevant
(A) In general. Notwithstanding paragraph (1), a consumer reporting agency
may terminate a reinvestigation of information disputed by a consumer
under that paragraph if the agency reasonably determines that the dispute
by the consumer is frivolous or irrelevant, including by reason of a failure
by a consumer to provide sufficient information to investigate the disputed
information.

I well understand your frustration, but you're not going to win by demanding a PR and demanding that they delete information that their delusional minds believe they've adequately 'verified'.

Dolan is not bound by the FCRA since they are not a credit reporting agency.