Re: One Bank Problem

Posted by Jack-O-MO (205.188.209.144) on February 01, 2004 at 20:27:27:

In Reply to: Re: One Bank Problem posted by Why Chat on February 01, 2004 at 18:32:43:

It is a bank: Merrick Bank

I tried to file a police report, but it was refused.
Reason: I lived in one jurisdiction and moved into another, while the *suspected offender lives in yet another.
*The suspicion is strong, but I have no proof and it was a long time between the time it happened and the time it was discovered.

An online complaint was filed with the FTC. Letters of complaint were filed with the bank and each CRA.

Is the "Debt Elimination Offer" with the words "After your check has cleared, we will advise all three major credit bureau reporting agencies that your acount has been settled, and we will stop further collection activity." of any value in a suit in small claims court since I requested validation and they did not do so?
Would this be collection procedures before validation?
I also sent to each CRA a copy of Cushman v TransUnion in an attempt to prove to them that it is NOT my responsibility to validate the debt, it IS their responsibility to validate the debt when requested to do so.
A request for 3 forms of ID from me was the only response I got.
My understanding is that validation is NOT: "This is TransUnion calling. Is this debt valid?"
"Yes, according to our records, it is valid."
"OK, thanks."

Here's my letter to the CRA's, sent RRR to their legal departments on 12/08/2003:

My Name
My Address
City, ST zip
Phone #
SS#
Birthdate

To Whom It May Concern:

I have been extremely patient with you. I originally started my attempt to correct my credit file on August 25, 2003 by contacting the 3 major credit reporting agencies and the creditor listed by them. These requests were basically ignored and I followed up on all concerned again on September 29, 2003.

My only responses, thus far, have been from the credit reporting agencies and none from the alleged creditor. The results have been less than 100% successful in clearing my credit report.

More letters to you have been sent on September 30, 2003; October 11, 2003; October 18, 2003; October 22, 2003; October 27, 2003; November 6, 2003 and November 7, 2003 in response to replies or requests from you. There have been internet inquiries, as well, and this amounts to at least 8 violations of Federal laws!

Still, there continues to be errors reported on my credit report and I want them removed.

I have enclosed a case law (Cushman v TransUnion) that will show beyond a doubt that the burden of proof is not on me, but you, the credit reporting agencies and that I do not have to beg my alleged creditor to provide proof that the alleged debt is mine, but it is you that has to seek proof of the alleged debt and, either validate it or remove it! Although I have requested it, I have been provided with nothing from any creditor; no proof; not anything!

I would like to have ALL NEGATIVE entries and remarks, in all their forms, in every section of the report, permanently removed from my credit file in all your offices and each of your affiliates, as well.

Anyone who has made a credit inquiry since May 2003 should be provided with a clean, updated credit report within seven (7) business days from the receipt of this letter. A report should be mailed to my home, as well.

Failure to do so will result in a lawsuit being filed against you in XX County, Missouri for willful non-compliance of the FCRA, defamation of my character and knowingly aiding and abetting credit fraud and I will seek actual and punitive damages to the fullest extent that I am allowed by law.

Further investigations are totally unnecessary, as they have, or should have, been ongoing since August 25, 2003.

While I do not prefer to take this action, I will not hesitate to do so.

Respectfully,

§¨©ª

Enclosures
Cushman v TransUnion

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