sidewinder wrote:It has been 15 days since you sent it or 15 days since they received?I would allow a few days for mailing time.
I am contacting you regarding information contained in my personal credit file which was provided by your court via an automated consumer dispute verification (ACDV) process (See Exhibit A) per the credit reporting agencies, i.e., Equifax, Experian, TransUnion, and Innovis.
I am respectfully requesting written confirmation on the court’s letterhead signed by the clerk of court that includes the following information:
xxxx, I am aware that the court feels that any issue involving the credit reporting agencies is not their concern. This is not true. The credit reporting agencies have made this the court’s issue by stating in writing that they contacted the court, and that the court and its employees are the responsible parties for providing them with information contained in my personal credit file relative to public records.
As you can see, in black & white, the credit reporting agencies are stating that they are working with the xxxx Clerk of Court by utilizing an ACDV to verify information. This statement makes the court an information furnisher as defined under the FCRA which means that the court has to adhere to the duties of an information furnisher as outlined in Exhibit B. Therefore, the court is involved whether it wants to be or not, and it has a duty to me as a citizen of xxxx County to rectify this matter if the statement by the credit reporting agencies that your court verified this information is in fact false.
I am simply trying to protect my rights as well as those of others who are constantly calling your office with the same problem. Written documentation is the most powerful, and only, tool that will make the credit reporting bureaus adhere to FCRA statutes. Without this written documentation, the credit reporting agencies will not disclose the correct information furnisher for me to dispute the inaccuracies of the records and have them corrected. And, as you know, the FTC will only catalogue my complaint until they have received enough complaints to make the attack worth their time and effort. Second, if I take them to court I’ll have to also name the xxxx Clerk of Court as a defendant as well. It is my right to know the true information furnisher so that I can exercise my rights to dispute. Please help me.
Again, I respectfully request written correspondence from your office within 10 days of receipt of this letter on the court’s letterhead signed by the clerk of court addressing the aforementioned numbered items. If these items cannot be addressed my request can be substituted with a statement that indicates that the court has not and does not directly furnish or verify public record information with the credit reporting bureaus in person, via mail, or via electronic means.
Please be advised that if the requested written correspondence is not received I will have no other choice than to enforce my legal rights in a court of law naming the xxxx Clerk of Court as a Defendant along with the credit reporting agencies for violation of my rights under the FCRA as it is listed as an information furnisher.
xxxx, I thank you in advance for your immediate attention to this matter.
What do you think about the letter along with my exhibits? Do you think it might work to get the Clerk of Court to finally give me written documentation after 5 prior requests that were circumvented by junior clerks?
It sure does! That's where I'm going to be able to get them. It says that they verified with the source of information and for me to contact the source of information if I have any additional concerns relative to this PR.
sidewinder wrote:Does the response from EQ state that they verified with the courts?Courts do not provide information to the CRA, a 3rd party does. I am sure that is who they verified with.