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  • Report:  #217915

Complaint Review: Experian - Allen Texas

Reported By:
- Rockville, Maryland,
Submitted:
Updated:

Experian
PO BOX 9556 Allen, 75013 Texas, U.S.A.
Web:
N/A
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October 27, 2006

Experian

P.O. Box 9556

Allen, TX 75013

Capital One Bank

P.O. Box 85049

Richmond, VA 23286-9228

Interoffice code: 63001-0125

To a Senior Level Supervisor,

Notice of Demand to remove inaccurate information

I am please asking the Experian Company and the Capital One Bank Company to remove an entry on my credit report that has caused me to suffer additional payments because of the entry on my credit report.

The entry states that I opened an account with Capital One Bank

Account Number: xx819.

Date opened was 04/2003

Equifax Status: Debt included in bankruptcy Jan 03, 2000

This account was opened in 04/2003 and was NEVER part of a bankruptcy.not in 2000 or EVER.

I have tried numerous times, over the last year, to get this entry off my report. I purchased a new home last month and had to take a higher interest rate because of this inaccurate fact on my credit.

On October 25, 2006, I spoke with a representative from Capital One Bank, by the name of Jackie. Jackie told me she was unable to take the entry off my record and that her records do not indicate anywhere that they reported this account in bankruptcy (that the account shows closed).

I have disputed this account several times, both in written and electronically with Experian. Each time, Experian writes back that this information was verified with the creditor and remains unchanged.

This is not just another feeble attempt on my part to get another response back from Experian or Capital One Bank that the information remains. I am writing this information and sending it in certified mail so that I may take court action in the next thirty (30) days if this matter has not been cleared up.

I am not a person that makes threats and I do not want this communication to appear that way. This communication is just a piece of evidence, in the many pieces of evidence, that I plan to use in court, if needed.

Please provide me, within the next thirty (30) days, proof that the entry has been removed from my report and forward this information to all creditors that have received my report within the last six (6) months. Also, I request a copy of my complete report.

Respectfully Submitted,

Randall

Rockville, Maryland
U.S.A.


6 Updates & Rebuttals

Aafes

Viernheim,
Europe,
U.S.A.
Steve's post is right on the money

#2Consumer Comment

Sun, October 29, 2006

Steve's post is right on the money. Document, document, document. Send EVERYTHING certified mail, return receipt. KEEP every correspondence from the credit reporting agency and Capital One. Don't deal with them by telephone, they will "conveniently" develop amnesia about the conversation. You have taken the first step. Disputing the entry with the CRA. I notice you only indicated Experian, be sure you check the other two reports as well. Look not only for the problem entry but entries of "public record". Make sure someone else's bankruptcy has not been merged into your credit file. I would also send a letter specifically requesting Capital One "Validate" (use that word) the debt, and provide you with copies of the original application and all supporting documentation in regard to their reporting to Experian. Get a statement from your mortgage lender if possible indicating the difference in the interest rate you would have qualified for if this entry had not been present. GO TO COURT. Even if the entry is removed. They have violated the law with inaccurate reporting and you are entitled to compensation for this which may include financial damages for the extra interest you have paid on your mortgage. Be firm, be consistent and be serious. Make them put EVERYTHING in writing. Don't settle for a removal and a token payment from them if they don't include your additional mortgage interest. This is THEIR fault. As for the CRA's "verification" it is generally B.S. They contact the creditor electronically in most cases, sometimes by mail, rarely via telephone and ask them to confirm the entry is correct. If you SSN and account number match the response is almost always YES, despite the accuracy of the reporting.


Steve

Bradenton,
Florida,
U.S.A.
Elaine, Randall NEVER said he had a BK! That is the problem!

#3Consumer Suggestion

Sun, October 29, 2006

Randall, As per the provisions of the FCRA you are entitled to copies of all communications by any parties in validating the entry on your credit report. This is your right, but you need to specifically demand it. When sending certified mail, return reciept requested, be sure to put the certified# on the letter itself, and keep a copy for your records. This procedure is very important should this end up in court. I have had this experience myself of a creditor reporting an account 'included in bankruptcy' when I did not have any bankruptcy! Inaccurate reporting is a major problem and is getting worse. If more people would just send one dispute and then just file a lawsuit when not fixed, this problem would go away. One notice. Lawsuit. Done.


Steve

Bradenton,
Florida,
U.S.A.
Elaine, Randall NEVER said he had a BK! That is the problem!

#4Consumer Suggestion

Sun, October 29, 2006

Randall, As per the provisions of the FCRA you are entitled to copies of all communications by any parties in validating the entry on your credit report. This is your right, but you need to specifically demand it. When sending certified mail, return reciept requested, be sure to put the certified# on the letter itself, and keep a copy for your records. This procedure is very important should this end up in court. I have had this experience myself of a creditor reporting an account 'included in bankruptcy' when I did not have any bankruptcy! Inaccurate reporting is a major problem and is getting worse. If more people would just send one dispute and then just file a lawsuit when not fixed, this problem would go away. One notice. Lawsuit. Done.


Steve

Bradenton,
Florida,
U.S.A.
Elaine, Randall NEVER said he had a BK! That is the problem!

#5Consumer Suggestion

Sun, October 29, 2006

Randall, As per the provisions of the FCRA you are entitled to copies of all communications by any parties in validating the entry on your credit report. This is your right, but you need to specifically demand it. When sending certified mail, return reciept requested, be sure to put the certified# on the letter itself, and keep a copy for your records. This procedure is very important should this end up in court. I have had this experience myself of a creditor reporting an account 'included in bankruptcy' when I did not have any bankruptcy! Inaccurate reporting is a major problem and is getting worse. If more people would just send one dispute and then just file a lawsuit when not fixed, this problem would go away. One notice. Lawsuit. Done.


Elaine

Boise,
Idaho,
U.S.A.
Do You Have a Copy of Your Bankruptcy Papers?

#6Consumer Suggestion

Fri, October 27, 2006

If you do, send a copy of the schedule of unsecured creditors to Experian, demonstrating that Capital One was NOT included in your bankruptcy, and request that this be taken off your report. Send the letter Certified Mail, Return Receipt Requested, and give them 30 days to correct the error in accordance with the Fair Credit Reporting Act. Be concise, be accurate, and provide legible copies of proof of your BK paperwork. That should take care of the problem. In any case, do not do anything more over the telephone or internet. These methods of communication do not guarantee your rights under the FCRA. Take care, Good luck!


Angie

Brainerd,
Minnesota,
U.S.A.
Randall, Good Luck

#7Consumer Suggestion

Fri, October 27, 2006

I am dealing right now with Experian. I have sent out my last letter to them. I sent them my ITS letter (intent to sue). They are the worst place to deal with. Demand from them how they verified the information and the proceedure used, the name of the person with whom they verified, the address, and phone number. I sent in additional proof that the entry did not belong on my report, and they failed to remove it. That is when I sent the ITS letter. The FCRA states that everything on a persons report needs to be 100% accurate, if it is not, it must removed. If they do not abide by this (which is my case and yours)they are in violation of that law. If you perhaps had your BK attorney write them a letter it should stand as proof. If that is not possible, send them a copy of the creditor list from your BK and state to them that is clearly shows that Capital One was not included. Also, send an intent to sue to Capital One. They are the reporting party and they too have to abide by the FCRA laws. Don't just blame Experian, Capital One is also at fault. Be blunt. In this case, you really don't have to worry about being nice.

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