FIL's judgement showing as belonging to DH. HELP!

[sookie]

Underpaid phone monkey? That underpaid phone monkey is simply following the company's instructions, keep that in mind. There's no need to be so rude when you refer to them.

As for that link, there are some inaccuracies there. If people verify by internet no employee of CRA even sees the dispute. It goes directly through the computer system and is verified via the e-oscar system. No paperwork is provided to the CRA but only a response and then this is sent automatically to the consumer via that same computer system.

If you dispute via mail, the detail is added as space allows to the two code dispute in a message to the reporting agencies. Or at least it is at Experian. Again no paperwork is provided to the CRA in response. Those who work with paper mail are usually in another country.

Courts are a bit different. They are generally not on the e-oscar system so in some manner actual representatives of the CRA is said to check the record. They don't necessarily call since many courts are on computer systems and that info is generally available. I'm not sure if the courts can be sued being a government entity and besides they simply store the information themselves.

At Experian, people seem to often get the best results by calling and reaching the previously mentioned underpaid apes. They are definitely easier to work with than a computer who couldn't care less at any rate. You will need a credit report number to get through and you will reach people located in the USA.

Actually they are underpaid monkeys. I had a bill - that was paid, mind you - on my credit report from when I was about 14. Yup, 14. You actually should not have a credit file until you are 18 because you can't legally enter into contracts. Anyway, it was affecting our mortgage buying process when I was 20. It was for a whopping $74.

Yes, I was pissed! It still makes me mad. It was the reason I had never been able to get credit from the time I was 18 until I was 20... I just didn't know or understand why. When I disputed it - it was verified multiple times. But the idiots "verifying it" didn't understand that a 14 year old wasn't liable - even though those are THEIR rules. They also had my birthdate right in front of them. And, get this - this is the kicker - it had actually been paid and reported in error. This was a medical bill. The problem? I had two insurances and the balance pended out for a while when the other secondary insurance was requesting more information from the hospital and the primary insurance company. The secondary got information right after it was "reported" as being late and paid it.


I asked the hospital - the creditor - if the credit reporting agency was contacting them to actually verify the information. They said NO. My understanding is they just match up socials or name spellings - addresses - anything they have to what was originally reported. That is verified to them.

So, I finally had to go to both the "creditor" - the hospital - with a copy of my birth certificate. They wrote a letter for me even though it was years after the fact. That still didn't work. To speed up the process, I had to threaten Transunion with legal action. I sent copies of my birth certificate, the bills - showing it had actually been paid and the insurance information - and everything. After I did this it was finally taken off. It was both the hospital and Transunion's fault, but the Transunion monkeys should have removed the incorrect entry as soon as they looked at it and saw my date of birth. Idiots!

 

[seashoreCM]

I just didn't know or understand why. When I disputed it - it was verified multiple times. But the idiots "verifying it" didn't understand that a 14 year old wasn't liable - even though those are THEIR rules. They also had my birthdate right in front of them. Idiots!

Might have been simpler to sue the hospital. Among other things you would get back the $74.

 

[marmalade]

From this point on all communication with Equifax needs to be in writing mailed certified with return receipt requested. Keep copies of everything you send along with the return receipt. There are forms online you can download and fill out to dispute the information (don’t bother with their online form any more). Send one to Equifax and one to your county court.

Your county court needs to correct this and if they do not you will need to get a lawyer to sue both the credit reporting agency and the county court, they are both liable under The Fair Credit Reporting Act… You can sue in small claims court for $1000 or actual damages plus attorney fees… Google The Fair Credit Reporting Act and read through it…

That's the thing - they "verified" it, they didn't validate it. Many times verification is just some underpaid phone monkey pulling up your credit report, seeing it on there, and saying "Yes, it's valid".

What you need them to provide (and they are legally obligated to do so) is the method of verification - basically, they need to tell you that they contacted the creditor. They probably won't be able to, at which point you tell them they need to remove it or you will sue them for non-compliance with the FCRA. No need to bring in a lawyer, it's a small-claims court matter...

Read this about verification methods: http://www.creditinfocenter.com/repair/MethodOfVerification.shtml

At the same time, challenge it with the creditor. If they don't immediately remove it, demand that they show you:

1) Proof they own the debt
2) Copies of statements
3) Copy of the original agreement with your signature

Since they can't provide #3, you're fine... Give them 30 days, threaten to sue, and follow through if needed. Both the creditor and the agency owe you $1000 each if this isn't removed.

Bill

Thanks. These answers make me feel better. I had to look at the email again, and it states Equifax verified, not validated the information. The email states "you may request a description of the procedure used to detemine the accuracy and completeness of the information, including the business name and address of the furnisher of information contacted."

I'm sure the "underpaid phone monkey" called the court house and asked if judgement #123456789 belongs to John Smith, and the court house said yep it does and that was it. The email also has no reference to DH as Jr.

 

[Planogirl]

Actually they are underpaid monkeys. I had a bill - that was paid, mind you - on my credit report from when I was about 14. Yup, 14. You actually should not have a credit file until you are 18 because you can't legally enter into contracts. Anyway, it was affecting our mortgage buying process when I was 20. It was for a whopping $74.

Yes, I was pissed! It still makes me mad. It was the reason I had never been able to get credit from the time I was 18 until I was 20... I just didn't know or understand why. When I disputed it - it was verified multiple times. But the idiots "verifying it" didn't understand that a 14 year old wasn't liable - even though those are THEIR rules. They also had my birthdate right in front of them. And, get this - this is the kicker - it had actually been paid and reported in error. This was a medical bill. The problem? I had two insurances and the balance pended out for a while when the other secondary insurance was requesting more information from the hospital and the primary insurance company. The secondary got information right after it was "reported" as being late and paid it.


I asked the hospital - the creditor - if the credit reporting agency was contacting them to actually verify the information. They said NO. My understanding is they just match up socials or name spellings - addresses - anything they have to what was originally reported. That is verified to them.

So, I finally had to go to both the "creditor" - the hospital - with a copy of my birth certificate. They wrote a letter for me even though it was years after the fact. That still didn't work. To speed up the process, I had to threaten Transunion with legal action. I sent copies of my birth certificate, the bills - showing it had actually been paid and the insurance information - and everything. After I did this it was finally taken off. It was both the hospital and Transunion's fault, but the Transunion monkeys should have removed the incorrect entry as soon as they looked at it and saw my date of birth. Idiots!

No, they are not monkeys. I'm sorry that you had problems but these are simply people who follow procedures set by the corporations. If you had problems you should gripe about the company rules not some worker who is simply doing what they're told.

By the way, Transunion's call centers are all located in other countries. That does make a difference as to who you reach and what rules they follow. Did you actually call anyone or just do it through the internet? Like I said before, it's likely that no one at Transunion actually even sees it if you do it through the Internet.

 

[mom3sonstt]

You may also want to contact the company that the debt is owed to. If they would be willing to verify that your dh isn't the one they want, maybe they would be willing to confirm it with the credit agency. Right now they aren't using what leverage they have against the right person, so it isn't doing them any good.

 

[Bren's Mom]

I would suggest two things; go to creditboards.com and post for advice there, and also consider contacting a Consumer Advocate attorney.

 

[marmalade]

OP here. What a mess this is, I am glad my DS is not a III. After speaking to the court house the judgement just states FIL (same as DH) name and address and the attorney for the plaintiff, nothing else. I called the attorney and they were pretty much useless, but they did verify that this judgement does not belong to my DH, but to my FIL, but they can't show proof of this.

What we are going to do is send a copy of FIL and DH's SSN cards and drivers licenses, a copy of the judgement showing FIL address, and a copy of whatever info FIL has on this to Equifax along with a letter explaining the error and request a debt validation.

So hopefully this will be cleared up within the next few weeks. I am trying to be as positive about this as I can.

 

[mtblujeans]

...Your county court needs to correct this and if they do not you will need to get a lawyer to sue both the credit reporting agency and the county court, they are both liable under The Fair Credit Reporting Act… You can sue in small claims court for $1000 or actual damages plus attorney fees… Google The Fair Credit Reporting Act and read through it…

This is a good suggestion however you do not need to hire an attorney to go to small claims court. And you have such a good case, I would think you would win in small claims court very easily.

It sounds as though the county is insisting that the debt is, indeed, on your DH. I agree that I would contact them and discuss hiring an attorney against them since they are obviously wrong...it just needs to be pointed out to them again.

 

[sookie]

No, they are not monkeys. I'm sorry that you had problems but these are simply people who follow procedures set by the corporations. If you had problems you should gripe about the company rules not some worker who is simply doing what they're told.

By the way, Transunion's call centers are all located in other countries. That does make a difference as to who you reach and what rules they follow. Did you actually call anyone or just do it through the internet? Like I said before, it's likely that no one at Transunion actually even sees it if you do it through the Internet.

Granted - this was 8 years ago - but I believe I got a real person several times. I think I did everything by paper and followed up by phone because I wasn't sure about trusting the internet forms then. I remember having to wait on hold - a LOT - when I tried to get through per phone. I did not have the same problems with exp or equifax - but the information was not being reported on those accounts.

I agree with whoever says go to the creditboards. I participated on the boards at that time and they were very helpful. And to whoever suggested suing the hospital - haha! I should have. But at the time - I just wanted it gone so I could get my house! It worked out well and the house was ours. But it was very stressful!

Transunion is awful, by the way. I had requested annual reports on myself and my husband for the past two years. They kept withholding my husbands every single time I requested. After a nasty letter they finally did send it - they said they didn't know why it was being withheld. I think their system is messed up!