Aafes
Viernheim,#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,#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,#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,#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,#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,#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.