     Morty (Morty) | Friday, October 13, 2000 - 07:14 am 
I recently disputed a bankruptcy from 1992 that appeared on all three CRA's. I simply stated that the information was innaccurate and should be deleted from my file. Experian sent me a letter stating that they could not investigate the matter until I gave a detailed reason as to why the item is innacurate.
1) Is that true? Do I need to furnish a detailed reason?
2) Any suggestions as to what that reason should be? |
| Don (Don) | Friday, October 13, 2000 - 09:11 am
They have the right not to investigate "frivolous" disputes. You can try to question the dates, but since they are going to check against the public records, I doubt if you are going to have very much luck unless you can provide dates to the contrary. |
| Shylock (Shylock) | Friday, October 13, 2000 - 11:08 am
Experian has made a lot of progress recently in preventing checks they don't need to. It used to be that you could simply dispute an item with Experian every month until it went, but now they are declining to reinvestigate unless you provide some supporting documentation. They claim that you need to take it up directly with the reporting creditor as a way of reducing their workload.
You haven't said whether or not the information they have on you is accurate. Are you truly trying to erase inaccurate information or are you just disputing in the hopes that it'll vanish? |
| Christine Baker (Admin) | Friday, October 13, 2000 - 03:12 pm
Regardless of whether the data is correct, Experian should have to state the source of the data ONCE in this case of a public record.
This type of data is so easy to verify, why don't they?
I would NOT object to Experian charging a $25 fee if it turns out that they report correctly.
I think the SPAM disputes are very negatively impacting on people with legitimate disputes. |
| frank hardy (Esajh) | Friday, December 01, 2000 - 07:15 am
Monty I have written on this subject before, but let me first rehash a few misconceptions. Let me say that it is HIGHLY unlikely that all three credit-reporting agencies will report a Public Record Document (which a bankruptcy is) on you if it is not in fact listed on the record.
Now I do not mean to tell you that you filed this Bk. if in fact you did not. I know you know that you did not file it and no one "forced" you into involuntary Bk. I will assume that neither of these things occurred and you have no idea how this got on your record. Just remember even if you did not file, the thing IS YOURS if it is your name and SS number! That is right, if it is listed in the courts the stuff is yours (as far as the CRAs are concerned.) You may say that all you need do is prove to the CRAs that it is not your case but that is wrong. If it is publicly recorded they can list it if they choose. Now they may remove it if you present your case but they do not have to and I can tell you most will not.
Now I am speaking from experience. I had identity fraud and among other things done to me was they filed a Bk. Now this was a hassle, to say the least, but with a lot of work you can fix the problem. The first thing to do is look at the public record and make sure the filing is you. It lists your exact same SS number; your EXACT NAME (no Jr. or middle name difference) and an address you know. If it has the first two it is YOUR FILING!
The next thing to do is ask for the file from the court that it was filed in. In my case it was so old I had to ask for it from the archives (taking several weeks.) Once you receive the file search it and find the errors. In my case the filing was pro see which was a lot of trouble - no lawyer. But it did make it a little easier as far as the court was concerned later in my case - SIGNATURES! My forged signature was all over the place and when I hired a hand writing expert to swear on an affidavit that the signatures were different, that helped immensely. I also took dates (and since I was thousands of miles away from where I was supposedly filing) I had more help. Basically what you need to do is prove, as though you are in court because a judge will ultimately decide, that you did not file the case. Once you do this a judge will review your evidence and after (a year plus in my case) you will get an order expunging this document from your record. Now when you submit your complaint to the CRAs send them all the info you provided to the judge and the order from the court. It they do not remove it (and the court order will give the EXACT date the record was expunged) then you know the CRA did not "verify" your case. You now have considerable ammunition for a lawsuit, should you desire.
Remember, some times the CRAs will remove this from your record based upon the information you supply them (the same info you will supply to the court.) In my case this info was ok for Trans Union. However, Equifax and Experian required the court order and a very strong letter from me before they would clear the error.
Hope this helps if it is still relevant,
Frank |
