Received their Answer via Fed Ex yesterday. You can see it posted on the main page at http://www.proselitigant.net. Haven't transcribed it yet, so its a pain to load the scans, but its all there. Now we are waiting for the scheduling order from the judge and getting into mandatory disclosures and then on to discovery. Should start getting interesting.


L

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I am SOOO glad you put that answer up. I just learned how to waste 9 pages of paper on nothing.

Been getting pretty good at it myself, my "specific" disputes sometimes are 1/2 page per account.

Now I just got to figure out how to incorporate some of their answers in my disputes.

And since I'm going to be suing 5 or more corporations, is Experian going to answer everything that has nothing to do with them? How many trees is that gonna kill?

And I'll have to study your complaint again, what's with those "legal conclusions?"

I'd like to put sample together, so that lots of people can easily sue by using a template.

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Can your complaint be a dispute?

Did Experian ever contact you regarding the account after they got served?

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What do you mean can the complaint be a dispute? No, Experian did not contact me after they got served, but they had deleted it shortly after and before sending it on to their attorney. This was also before the OC requested the deletion of the account.

On the answer...just to clarify...they have to answer each allegation in some manner or another. That answer was template and they've probably used it in a zillion other lawsuits. If you'll notice...they talked about my state claims being superceded by federal law...but I didn't make make any state claims...lol.

If they don't settle, this lawsuit is going to take a TON of time!!! We received the date of our hearing and its set for July 31. Before that date, we are supposed to get together to discuss the perameters of discovery. I came home yesterday to a message on my machine from their attorney, but he left on vacation before we touched base. If I can just find half a dozen or so people who are willing to testify that they had accounts reaged when they disputed them, I think I will nail them but good. I know its a common thing just from all of the posts about it. Even when it makes no sense based on their OWN credit reports. Ah well...lol...we'll see what happens.

L

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Dear Whyspers,

HEY I'm finally able to post. :)


I know you posted a request for participants on CN asking for help on who had been reaged after disputing. Did you not get enough response?

:(

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Hiya, Butch. Nope, only a couple of people emailed. I still think I will have plenty if push comes to shove, but people are leery about getting involved, I think.

Good to see you here :)

L

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I'd be happy to support you. I have at least one account with Experian that was re-aged. It was later deleted by dispute though, so I don't know if it will help. I'll try to remember to look for another one today...

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Thanks, Jambe! It will help even if it was later deleted by dispute. My was also eventually deleted, but not until after I filed suit. :)


L

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Sorry, been so busy moving BayHouse ...

"What do you mean can the complaint be a dispute?"

What I mean is whether they have to investigate if your dispute is in the form of a suit.

I.e. do they have to begin investigation within 5 days of being served and complete it within 30 days?

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Interesting idea Christine. Does a lawsuit also serve as written notification of a dispute to the CRA, triggering an investigation and response within the 30 day timeframe? I am not sure but hope that someone else would be able to comment. My gut tells me that with respect to the lawsuit dispute you have opted to use that means to resolve the dispute.

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I'm specifically thinking about disputes that the bureaus previously refused (for ID or whatever reason) and the verification data that I have never once received.

If you make your complaint "specific" you could word is something like "... failed to provide the verification data for the investigation of ... and the Plaintiff hereby requests the procedure for the verification again."

Or, it could be separately under the "prayer for relief" but then you really wait for the court order which could be years. When you're suing the creditor it can be very important that you can show that they verified a dispute.
I just got a dispute result from Equifax where they did NOT include any results such as "verified" or "updated" - they just wrote "attached is your updated report" and you don't know what they investigated at all.

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I would love to get in on this, this is what happened to a tradeline after my last Exp. dispute:

DISCOVER FINANCIAL SERVI


Address:
PO BOX 15316
WILMINGTON, DE 19850

Account Number:
xxxxxxxxxxxxxxx



Status:
Transferred/Account charged off.

Status Details:

This item was verified and updated on 7-2002.




Date Opened:
04/1996
Type:
Revolving

Reported Since:
11/1996
Terms:
NA

Date of Status:
07/2002
Monthly Payment:
$0

Last Reported:
07/2002
Responsibility:
Individual


Credit Limit/Original Amount:
NA

High Balance:
$2,652

Recent Balance:
$0 as of 07/2002

Recent Payment:
$0




Account History:
Charge Off as of 11-1996 to 9-1998

They changed the date of status from 1996 to 2002

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"Status Details:

This item was verified and updated on 7-2002. "

Where's the part that says how long it will be reported?

And, I use screenprint for very cool screenshots of reporting
http://www.softwarelabs.com/ free trial!

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It is not there

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I've seen this several times now. It seems to indicate that Experian is NOT aging the account. It IS in the derog section, right? All derogs have to be aged. I have also seen them age just by the year, no month.

How was it reported before your dispute?

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It used to be date of status 11/1996,last reported 9/1998, scheduled to contiue on record until 11/2003

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Obviously something is wrong, the million dollar question is what to do about it.

I have a similar situation and was just declined online disputes. Have you tried the "other" option and then asking:

"Why did you change the status date and why are you not aging this account?"

I hate that you don't get proof of your online disputes, and apparently they don't process faxed disputes any longer.

Not sure what to do myself. I think I'll do a fax dispute anyway, more documentation for my suit. And then maybe I'll do an online certified mail.

This all depends on what your goal is too. If you just want it fixed, call them. I'm not going to call since I'm going to sue them.

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One way to tell if this was re-aged is if your score dropped. For an account that was placed in 96-97 to be re-aged to 2002 would case a 40-70 point drop in your score. It sure looks like it has been re-aged but if you had no point drop, then its likely it wasn't.

Are you going through an affiliate by any chance? That kinda looks like the format of an affialiate versus a regular Experian report...though I might be wrong.


L

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You can't get your Experian Fair Isaac scores - and that's the score that counts.

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