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Getting REALLY aggravated

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tryingtostartover
Valued Member

Getting REALLY aggravated

Over a month ago I got a letter from Midland stating they were deleting my account from all 3 CRA's. Hooray for me, right??? WRONG!!! Last week I checked my reports and it is STILL there, so I sent the letter to the bureaus with all the required documents that they asked for. Today I come home to find  a letter from Experian stating that the information was updated...they did NOT delete!! Is there absolutely anything that I can do???

Message 1 of 20
19 REPLIES 19
MarineVietVet
Moderator Emeritus

Re: Getting REALLY aggravated


@tryingtostartover wrote:

Over a month ago I got a letter from Midland stating they were deleting my account from all 3 CRA's. Hooray for me, right??? WRONG!!! Last week I checked my reports and it is STILL there, so I sent the letter to the bureaus with all the required documents that they asked for. Today I come home to find  a letter from Experian stating that the information was updated...they did NOT delete!! Is there absolutely anything that I can do???



I might wait another few weeks to see if it is deleted but if you still have that letter contact Midland and remind them of the agreement they had/have with you.

 

 

 

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Message 2 of 20
Anonymous
Not applicable

Re: Getting REALLY aggravated

Why didn't you contact Midland?

Message 3 of 20
tryingtostartover
Valued Member

Re: Getting REALLY aggravated

Thanks for responding. I did contact Midland and they just say that they did notify the three bureaus which is what lead me to contacting the CRA's. I am afraid that if I repeatedly call Midland that they will get "vendictive" or perhaps renig.

Message 4 of 20
virgo
Established Contributor

Re: Getting REALLY aggravated

Stop waisting your time contacting them any longer. Right now you are holding two vio's against the cb that doesn't remove the item. The law is clear. Once evidence is provided the cb must delete. Trot down to small claims and file. The agent for process for each cb will be listed with your sec. of state. Take the stamped papers the clerk gives you and fax to each cb. Your item will be deleted. If not, which I highly doubt, you'll at least still have some money coming to you. Hope this helps. Good luck.

Message 5 of 20
tryingtostartover
Valued Member

Re: Getting REALLY aggravated

Thanks Virgo Smiley Happy I appreciate the feedback. This gives me an excuse to take a day off from work...which is even better!!!

Message 6 of 20
virgo
Established Contributor

Re: Getting REALLY aggravated

Glad to help. You can cite that 'They refused to correct information after being provided proof'' FCRA 623' and 'willful non-compliance' 15 U.S.C.1681n, which moves you to 'negligant failure to comply' which is for actual damages, costs and reasonable attorneys fees. (You can forget the attorneys fees) 15 U.S.C. 1681o. These are what you call 'liability statutes' which means you don't have to prove damages in order to prevail. Again, good luck.

Message 7 of 20
Booner72
Senior Contributor

Re: Getting REALLY aggravated

Wow Virgo!  I'm taking your advice, too.

 

So how do you get the agent's name for Equifax?  do you have to have that name to put on the small claims document?  How much does it usually cost to file small claims?

 

Thanks in advance -  SORRY TO HIJACK!

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 8 of 20
tryingtostartover
Valued Member

Re: Getting REALLY aggravated

Hey Virgo, I just PM'd you, but I figured I would throw this other one out there for any other input. All of the documentation that was required for the CRA's was faxed to them on 11/22. It is my understanding that an investigation takes 30-45 days to complete. If that is correct, then how is it possible for Experian to generate and mail the "update" letter on the same day unless it was never investigated????

Message 9 of 20
virgo
Established Contributor

Re: Getting REALLY aggravated

A company doing business in your state needs an 'agent for process' That is the person designated to recieve the summons. Log onto your State Portal. You're looking for the Secratary of State section. Every state sets the page up differently so I'm sorry I can't tell you how to find it. On the Secretary of State page you will be looking for 'Business Search and Entities. This should take you to a page that will tell you what you can look for on this site and some empty spaces to fill in. They shoud ask: Is it a Corporation, LLC or space for their corporate number. There also will be a space to enter the company title. You must be very specific with the title. They are: TransUnion LLC, Equifax Information Services, LLC and Experian Information Soltions, Inc. A page will pop up with several companies with their agents for process listed. Small claims probably will run from 35 to 50. Which you can get back.
Message 10 of 20
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