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Help with Transunion

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jsk300
Regular Contributor

Help with Transunion

I'm firing off a letter to TU for their neglect in providing me with MOV.  Thoughts or suggestions?  Here is my preliminary draft:
 

To Whom it may concern:

I am informing Transunion that you are not in compliance with my request for your Method of Verification (MOV) for the above named account and "creditor" listed on my credit report.  I have now sent 2 letters asking specifically for how this account was verified with Transunion.  My first letter asking for your MOV was dated November 30, 2007.  Transunion's reply to me was simply to state that the account was "verified".  I then sent a 2nd letter to you dated 12/28/2008.  In this letter, I again demanded you to provide me with the MOV on this account, as I did not ask you to "verify" the account, I asked you for your MOV, as the current creditor claiming this debt (LVNV Funding) never complied with or answered my requests to provide me with validation that I legally owe them anything and that this debt is supposedly mine. I have copies of all letters to LVNV Funding as well as to Transunion attached to this letter as evidence as such.

Your reply to my last demand for your MOV dated January 21, 2008, was to simply state quote:

"Verification information not available".

My question to Transunion is, how can an account be verified with you as true and accurate, and yet there is no verification information available to provide to me?   Obviously if the current creditor who is reporting this account on my credit report as mine had proper documentation to validate this debt as legally owed by me, they would have sent it to me, as this is required under Federal Law.

TU is now in violation of FACTA by not divulging to me WHO verified and by what method.  Simply stating it WAS verified does not fulfill the requirements of the FCRA or FACTA.

If this account is not removed from my Credit report within 5 days of this letter being received, or verification information sent to me as to how this account has been verified as required by YOU, then this account MUST be removed from my credit file, since neither you, or the current creditor LVNV Funding can provide me any evidence what so ever that this supposed debt is legally mine.

If you sent me yet another pointless letter claiming I need to contact the creditor to obtain this information, when in fact it is YOUR responsibility to provide this information to me under the FACTA, there will no longer be any further negotiating with you.  I will extend this matter in a court of law, and obtain legal representation in order to obtain a judgement against Transunion for violating the FACTA and FCRA.

This matter can be rectified simply by you providing me with the verification information you are legally obligated to provide to me, or delete the inaccurate account from my credit report, and forward a copy of my updated, CORRECTED credit report to me showing this account as being deleted.

You have 5 days after receipt of this letter to act.

Regards,

 

TU 673 EX (720 Credit score) EQ 690 (08/2009)
TU 698 EQ 697 EX ?? (07/2010)
Message 1 of 3
2 REPLIES 2
Anonymous
Not applicable

Re: Help with Transunion

IMO- Pretty long and wordy
I understand the desire to make sure the understand the facts-
May want to try BULLETS on key items-
 
Also missing "willful noncompliance" at the end of the letter as that is really the only grounds you really have to sue TU under.
 
You may want to DEMAND special handling - as normal dispute processes have failed.  
Message 2 of 3
jsk300
Regular Contributor

Transunion not supplying MOV

I've sent 2 MOV letter's to TU asking them how they verified an LVNV account on my credit report, when LVNV has never replied to my repeated requests for validation of debt (to which they have now farmed out to Capital Management Services who are now trying to collect for Resurgent - another one of their octopus entities).  I've already DV'd Capital Management the day after receiving their notice.  Also, wouldn't this be as a violation of the FCRA for continued collection activity by Resurgent/LVNV whatever they want to be called today?
 
Here's a draft letter I'm ready to ship off to TU.  Would appreciate any comments/suggestions.  Thanks.
 

To Whom it may concern:

This letter serves as informing TransUnion that you are not in compliance with my request for your Method of Verification (MOV) for the above referenced account number and "creditor" listed on my credit report.  This is now my 3rd and final attempt at obtaining your MOV for this account.  I sent 2 letters CMRRR specifically asking how this account was verified with TransUnion (copies attached).  TransUnion's reply's to me were:

·  Verified - No Change (first reply)

·  Verification information not available (2nd reply)

How can TransUnion possibly verify an account, as true and accurate, when there is no verification information available to provide to me? 

TransUnion is now in violation by not providing to me WHO verified this account and by what method.  Simply stating it was verified does not fulfill the requirements of the FCRA or FACTA.

If TransUnion is unable or unwilling to provide the verification information, then this account MUST be removed from my credit file.  And since neither you, or the current creditor LVNV Funding can provide me any evidence what so ever that I am legally obligated to pay this debt, I am demanding special handling of this dispute or complete removal of this account.

If you send me another pointless letter claiming I need to contact the creditor to obtain this information, when it is in fact YOUR obligation to do so, there will be no further negotiations with you.  This matter will proceed in a court of law to obtain a judgment against TransUnion for willful non-compliance under FCRA § 616.

This matter can be rectified simply by you either providing me with the verification information I am legally entitled to, or remove the account from my credit report if no such information exists.

You have 5 days after receipt of this letter to act.

Regards,

TU 673 EX (720 Credit score) EQ 690 (08/2009)
TU 698 EQ 697 EX ?? (07/2010)
Message 3 of 3
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