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MOV 15 Days Has Passed...

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MOV 15 Days Has Passed...

Is my next step with Equifax & Experian to send a detailed ITS letter with a copy of filing that I plan to submit to the federal district court giving them 5 days from receipt of CMRR to remove or prepare for court?
 
Or, should I file complaints with the FTC complaint, SC Dept of Consumer Affairs, GA AG, and the BBB of Atlanta before sending the ITS letter?
 
Has anyone had any success getting things removed when they refused to provide MOV with the above actions?
 
I do have a NACA attorney reviewing a tradeline for FCRA, FDCPA and State violations and I've let her know that I'm ready to take these 2 to court too.
 
Any advice is appreciated.
Message 1 of 5
4 REPLIES 4
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Moderator Emeritus

Re: MOV 15 Days Has Passed...

It has been 15 days since you sent it or 15 days since they received?
 
I would allow a few days for mailing time.
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Message 2 of 5
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Re: MOV 15 Days Has Passed...



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.


15 days since they received it.
 
EQ wrote me and I received this response to the MOV:  they used the ACDV as it is approved by the FTC. 
 
Funny thing is they verified with a court that doesn't deal with any CRAs so I know they're lying.  So, here's the letter I created to send to the government appointed head of the clerk of court along with copies of their responsibilities as a data furnisher, the cover letter received from EQ stating that they were the source of information and that they had verified directly with them, and a copy of the PR that shows they verified in July '08.  I'm hoping all of this will incite the clerk of court to write me the letter I need to bust them once and for all:
 

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:

 

  1. The date the court received the ACDV from each of the respective credit reporting agencies.
  2. The name and title of the person who completed the ACDV for each of the respective credit reporting agencies.
  3. The date the completed ACDV was returned to each of the respective credit reporting agencies.
  4. The method the ACDV was returned to each of the respective credit reporting bureaus and a copy of the successful transmission if returned via email, fax, or return receipt mail.
  5. Any other method of communication in which the court corresponds with each of the respective credit reporting agencies regarding public records, i.e., mail, fax, in person, telephone, email.

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?

Message 3 of 5
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Moderator Emeritus

Re: MOV 15 Days Has Passed...

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.
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Message 4 of 5
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Re: MOV 15 Days Has Passed...



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.


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.
Message 5 of 5
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