I realize I have digressed from one of the purposes of this blog and web site because I haven't really given anyone any good information about how to correct errors on credit reports.
You can find information on how to do this in about 100 different places on the internet. I have had to learn to discern the good information from the bad. In fact, I think I have visited each one of these sources today, and I am going to list them for you in a little bit. Maybe I can help keep someone from wasting a whole lot of time on a fishing expedition just for good information.
Well first you need your credit reports, and it is helpful if you also get your FICO score. (I confess I haven't gotten my own true FICO score yet, but that is because of the small fortune I have to spend on certified mail with return receipts.)
It is also helpful, but not necessary, if you have a recent rejection letter for a credit application with the reasons and the credit reporting agency named. If that is how you learned you have a credit problem, great, keep the letter for your evidence file. But do NOT go out and apply for credit just to get rejected. It will cause a permissible inquiry that will hurt your credit score.
The inaccuracies on my credit report are so bad that I can't even get a copy of my own Trans Union credit report. They don't believe I am who I say I am! I have a "clue" about what some of the inaccuracies are based on some information I got from a 3 in 1 online credit report. And I did not pay for it. The subscription was GIVEN to me by a company who said my personal information may have been compromised from their computers, nearly a year ago.
Today I drafted a letter (for Monday's mailing) to TransUnion disputing an address they are reporting that I have never used or lived at.
I also disputed the following accounts that I have no knowledge of:
Capital One Auto Finance
CBE Group
Medical (suppressed by FACTA, so I don't even know who is reporting it! I am not an attorney, but that smells like estoppel to me.)
Onyx Acceptance Corp
OSI Collect
SST/AIB
With any luck in a month or so I will get a copy of my credit report from TU. I hope they WONDER how I got ahold of it in the first place, since they refused to honor my request for my mandatory free credit report online.
My friend received a letter from the VA stating that his private information had been compromised. Isn't that special?
For my friend, I also prepared a letter to NCAC (Experian) disputing NINE inaccurate aliases that Experian is reporting on his credit report, one address that he has never used or lived at, and the following accounts that he has no knowledge of:
Arrow Financial Services
Cavalry Portfolio Svcs
Credit Control Corp
Credit Protections Assoc
Financial Control Svc
First Premier Bank
Midland Credti Mgmt
Verizon Wireless
None of these are frivolous disputes and are potentially the product of actual identity theft. Let the adventure begin. Copies of all letters are to be sent by certified mail, return receipt requested tomorrow. Then we wait.
What we HAVE NOT DONE, neither of us has filed police reports and we have NOT filed fraud statements with the Credit Reporting Agencies. YET. Not that we won't, but our goal is removal of the negative tradelines. I read somewhere that having the fraud filing can hinder the investigations of the disputes and make the process of removals more difficult.
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Separate Battles
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My friend found out that almost a year ago, someone took out a student loan in his name to the tune of $10,000. I know for a fact that he wasn't in school at all. This past week he got a bill stating that it is 60 days past due and offering forbearance. When he asked for documents bearing his signature, Direct Loan Servicing sent him a letter requesting a document bearing his signature. Oh, and they want FOUR SAMPLES. I suppose so they can help his signature make it's way onto loan documents. For this reason, we do NOT sign dispute letters. After all, how many signed responses do you ever receive from collection agencies or credit reporting agencies? (Answer: NONE!)
I found out that the California Franchise Tax Board filed a tax lien against me for the 2003 tax year. I found it reported on Experian and Equifax. I have lived in Texas since May, 2002. On January 18 I had faxed a demand for validation of this alleged debt to the FTB. This past week I received a letter from them entitled "Telephone Contact Request" stating the amount they claim I owe. Nothing offering proof that I lived or worked in California in 2003.
KEY PHRASES I LEARNED TODAY:
There has been no service to notify the party of the action and the court does not have personal jurisdiction over the party not served.
When a party contends that there is no genuine issue of material fact, the burden shifts to the other party to present substantial evidence that the issue exists. Evidence is substantial if it is of "such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved."
I am a little perplexed. I do not know whether to file suit against the FTB for simple FCRA violations in Texas or if I should get the judgment vacated. And if I do seek to vacate the judgment, do I file motions in Texas or California? Maybe some smart tax attorney will stumble upon this posting and give me an idea of correct procedure before I hurt myself. While I was researching that matter (and haven't yet found the answer) I ran across this article:
http://www.livefreenow.org/victory_balmer.cfm"March 29, 2001- Los Angles- Paul Ballmer, a graduate of Freedom Law School and a determined and tenacious Freedom Fighter, today got a unanimous JURY VERDICT that the California Franchise Tax Board (FTB), the biggest, most aggressive and oppressive of all Income Tax Agencies in America (far worse than the IRS) owes Paul Ballmer $250,000 in damages as well as attorney's fees and expenses for violating the law and Ballmer's rights."
Ok some of the ideas these Freedom Fighter guys advocate are a little over the top for me. I do NOT advocate deliberately pissing off the IRS or other taxing entities. I quite dutifully render unto Caeser what is Caeser's. Some time ago I surrendered myself to the idea that yes, Big Brother is probably watching. So what? Honestly, my life is pretty boring. They probably changed the channel.
Anyway, there is no way I can afford the $800+ for their "courses" just now, but hey, maybe if I end up having to sue and manage to win a small claims case or two in the next month or so against TU or one of the creditors I am disputing, then maybe I will. I appreciate knowing that I am not the first or only victim of California FTB's mad scramble to pad it's pockets. (Heck they tried to chase me down for 2 years after I moved to Texas to renew my California vehicle registrations! DOH!)
(ROFL! - Reminds me that I read that John McCain was asking people for suggestions on how to cut wasteful government spending and someone suggested "Sell California!")
How is all of this in keeping with my profound desire to holistically and harmoniously "fix" my life and help others do the same thing? Well. I have become disabled and this project is giving me something to do on the "good days" because I can't work, and I am desperately seeking some meaning. I have always been an advocate for the underdog at heart and angered by bureaucratic injustice. If I had actually gone to law school, most of my work would probably be pro bono. Today, it just so happens, the underdog is me. I have always enjoyed doing legal research. But these days, I also sleep about 12 hours a day, most days I don't leave the house, and some days I can't do a darned thing. Like off and on since Friday, I have had migraines, so I have been doing all this reading and letter writing and blogging in fits and spurts between headaches and naps. I don't plan or hope to be unable to work forever. I see disability and SSI as an opportunity to regroup and hopefully get well or at least get to the point of remission my doctor keeps alluding to. I choose not to feel sorry for me, but to do what I can, work toward my true purpose, and hopefully what I am able to do will be good.
Labels: California FTB, Direct Loan Servicing, Experian, FACTA, Medical, NCAC, TransUnion
