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Suing A Cra

Discuss the legalities of Bankruptcy Law

Suing A Cra

Postby Navarre » Tue May 06, 2014 2:30 pm

I am seriously thinking about suing one of the major CRA's. The reason is for over a year, they continued to add 7 of my brother's derrogatory accounts to my credit file. In the meantime, my credit score dropped over 100 points. I would dispute the accts, and they'd remove them, but the damage never completely repaired itself. The very first time I noticed an erroneous acct, I also noticed they had my personal information completely wrong. They had my father's birthdate for mine, they had my brother's addresses, places of employment and his name listed for me as a formerly known as. I disputed the personal information online and received correspondence stating they needed add'tl ID. In this same correspondence, they deleted the account that was under my brother's name (without me disputing it). This leads me to believe they were aware of the incorrect information and could have prevented the 6 accounts that would follow. As the accounts appeared, I'd dispute them, they'd remove them. There was one instance that they came back and verified an account. This was odd seeing as I had the creditor send me a letter stating it was not my account. How did I get one thing and the CRA another? I'm sure this means they didn't verify. I sent a letter and a copy of my ID but the only thing they updated was my birthdate, then 2 more accts hit my file. I sent them a 2nd letter and copy of my ID and my information was finally corrected; some 10 months later.
To add insult to injury, while all of this was happening, I was in the middle of purchasing my first home. I also went to a physician because I was having bad migranes, and had to push my closing date back almost 2 months until the mess was cleared.After the dust settled, I got my home, but I'm still plagued by their mistakes. I was denied gas service because the provider only pulled credit from that CRA. I have been denied long distance service, and furniture credit, for the same reason. And after all that, this CRA sent an alert to the other 2 CRA's stating that I requested a 7 year fraud alert. I hadn't contacted them in 5 months, so how did they all of a sudden decide to place a fraudulent fraud alert on my account. I'm sure it's beneficial for some, but not me. I haven't been able to get a copy of my credit file. This means, I have no clue as to what's been added to my file. I applied for an online savings account and was denied until I could provide proof of who I was. This has been a mess.Sorry to ramble but it ticks me off when I think of it.Does anyone think I have a strong enough case for violations of the FCRA as well as, identity fraud, and defamation? Just curious.
Navarre
 
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Suing A Cra

Postby Nefin » Thu May 08, 2014 9:18 pm

"...CRA...accountability..."Absolutely.
And you may indeed have grounds for a suit for violations of the Fair Credit Reporting Act.
You can find the text by following the 'credit' links at www.ftc.gov."...when...I went to purchase my home...charge- offs popped up...I want them to fix the mess..."You may be able to prove damages.
It depends on which parts of the FCRA were violated and if there is a cause of action.
The law requires 100% accuracy and you have the right to insist upon it in your personal consumer file.
Nefin
 
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Suing A Cra

Postby Conor » Thu May 15, 2014 3:48 am

You really need to speak with an attorney who is familiar with FCRA.
You can click the "find a lawyer" button or go to naca.net -- National Association of Consumer Advocates (lawyers who specialize in consumer rights matters).My personal non-lawyer opinion is that you do have grounds for a lawsuit.
I'm kinda skeptical about the identify theft and defamation claim but that will be for your lawyer to determine.I think you should give some thought to exactly what it is that you want.
Do you want it fixed? Do you want to get even? Do you want money for damages? Each goal has a different strategy.Again, find a good lawyer familiar with FCRA -- many will take you case on contingency if the case is good enough.
Conor
 
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Suing A Cra

Postby Amasya » Wed May 21, 2014 10:24 am

It just seems like the CRA should have some accountability here. The credit reports I received initially came directly from the CRA. It wasn't a merged report. And the accts only showed up with them, not the other two CRA's, which is not totally unusual.
I also don't see how they can delete an acct., (though I was going to dispute it) without realizing the multiple errors they had with my personal info.For all of the accounts, I spoke directly with representives who, of course, told me the accounts didn't belong to me. If I could get that accomplished in a phone call, how could the CRA's computer and the Creditors computer translate something different between the two. When I went to purchase my home, I knew that my two other scores were fine and since they went by the middle score, I wasn't worried. But when the two charge- offs popped up showing recent lates, that messed everything up.Maybe I'm way off base, but I want them to fix the mess. Even though I have rather decent scores with the other CRA's, I'm still looked at as if I have bad credit if someone pulls from the "bad" CRA.
Because they are the "most used" and reported to, I probably couldn't even get a car if I wanted to. I mean the difference is over 100 points; almost 200 with one.
I also saw something where there was a class action for something similar from a lady in NM who they mixed her information with someone in MI.
Amasya
 
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Suing A Cra

Postby Sorrell » Sat Jun 07, 2014 10:05 pm

"among the main CRAis...extended to include 7 of my buddy's derrogatory balances to my credit file..."CRA's don't include info for your file. They keep up with the info that's supplied for them by Information Furnishers. Therefore, there's no wrongdoing within this instance."...had my own info totally wrong...delected the consideration which was under my buddy's title (without me arguing it). This brings me to think these were conscious of the wrong info..."CRAis have no method of understanding what info is clearly yours and what goes to another person."...How did I get something and also the CRA another. I am confident this implies they did not verify..."CRA's have an automatic program through which they 'verify' information using their DFis. You can create a guide detailing your challenge. But whatever your bottom line cause is, it should be converted in to a 2-digit code for move towards the DF. It certainly is better to maintain your conflicts quite simple. (Our presumption below:) you might have suggested the balances under consideration were 'not yours'. If this 2-digit signal was used in the DF; the DF subsequently 'confirmed' based on their documents. If, certainly, your individual info is combined with additional family unit members, this can be the fundamental reason behind the 'confirmation' as well as for the scam alert."...I had been in the centre of buying my first house..."This brings me to think (another presumption) that you simply were operating from a-3-n-1 (tri-combine) credit history, in the place of your natural customer document. This really is another problem completely and, once more, suggests no wrong doing about the section of any CRA.Re-vendors of credit history, like these utilized by mortgage businesses, draw fresh information and COMBINE the info together in a handy form. While you will find family unit members that share a typical title (particularly Sr., Jr., etc.) and reside in exactly the same area (particularly the exact same zipcode), their information will combine. There's no method to quit this from happening.Your first job would be to decide whether these mistakes occur in your natural credit documents, OR when the issue occurs throughout the 'combine'. Battling a combination-up that occurs throughout a combine is much like knocking your face from the wall. It produces only frustration.Ensuring that the customer document is 100% correct, whilst the regulation demands, may be the first stage. SUBSEQUENTLY, whenever a poor combine occurs to some great individual, you may be pro active and display your natural agency documents to some potential lender.
Sorrell
 
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