Are you certain this person hasn't stolen your identity? This seems so odd that all these accounts are showing up just because you have the same name.
Look on your statement and see if you can find an address that you are to use to correct personal information. I would write a nicely worded letter stating 1) Your current address 2) That they previously had changed your address to a Utah address, and reported it to the CRAs, that you have NEVER lived at and never requested the change. 3)They need to remove any and all references to the Utah address. Include a copy of your DL and/or utility bill with your address on it.
I would send CMRRR and keep a copy of the letter.
I would then let them do their normal update to the CRA and dispute it with the CRA if it remains.Dispute via fax or mail. CMRRR. This way they respond via mail. Specifically state that you want dispute results via mail and if they can not remove the address you'd like the reason why. Include proof of your current address.
After the dispute is back, if the address remains, I'd send one last letter CMRRR to the creditor reporting. I would include a copy of the letter above you sent to them, a copy of your dispute results that state they are reporting it, and I would copy/paste FCRA 623 and tell them you want the address removed within 5 days or you will file suit for willful noncompliance of FCRA.
This may or may not work. If it doesn't then go file in small claims.
I understand that you are frustrated and have a right to be. But you need to have a paper trail when you get into court and show the judge that you might a effort to have this resolved. It will increase your chances.
§ 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]
(a) Duty of Furnishers of Information to Provide Accurate Information
(1) Prohibition
(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
(B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if
(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and
(ii) the information is, in fact, inaccurate.
(C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address.
(D) Definition. For purposes of subparagraph (A), the term “reasonable cause to believe that the information is inaccurate” means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.
(2) Duty to correct and update information. A person who
(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and
(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate.
Message Edited by sidewinder on
05-09-2008 09:54 PM
