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My Fax to TU - March 25, 2002 

via fax to 214-(deleted)

Christine Baker
(address deleted)

Amanda Lewis
Strasburger & Price, LLP

March 25, 2002

RE: Christine Baker v. Trans Union, LLC, Case No. 801 2001 CV 1751 UN; In the Justice Court of Mohave County, Kingman, AZ.

Dear Ms. Lewis:

I hope you're doing well.  I've been really busy, in part working on your Requests for Production, Admissions and Interrogatories.  Prior to sending those, you stated that you would file a motion to dismiss this case.  Then you sent the Request for Production, Admissions and Interrogatories instead of filing for dismissal.  Now you want to file the dismissal again.

I this the circus? 

I asked you previously whether your Requests for Production, Admissions and Interrogatories are just "standard" documents that you send to everybody but don't expect to be taking seriously, just like the Answer you filed with the Court. You didn't reply.  Considering the completely irrelevant documents you're requesting, I'm wondering whether much doesn't apply to me, just like in your Answer. Yes? No?

I thought I described my problems with Trans Union's incomplete reports in detail in my many faxes.  What did you not understand?

This isn't about a few hundred dollars!  It's about the FCRA, and Trans Union's failure to comply, and Trans Union concentrating all their efforts on minimizing the number of disputes instead of maximizing Trans Union's credit reporting accuracy.  It's about Trans Union's credit reports being full of nonsense and lacking substance.  Even the most basic information such as the dates for late payments are MISSING!  

Why is Trans Union making the reading and analyzing of the consumer disclosures as difficult as possible?  

Why is there no date to indicate when the account begins to age off the report?  That's a critical piece of data, and if Trans Union doesn't disclose that date, I can't dispute it.  You told me that the Prof. Recovery collection began aging in 1999.  In fact, this account became delinquent in 1996 and, as per the FCRA, should have been aged as of 1996.  Or 1997, if the first collection agency didn't know when the account first became delinquent.

Why did I have to sue to find out that TU aged this collection incorrectly?

How can TU possibly VERIFY this account, leave it ON my credit, destroy my credit, when the collector does not have the collection, has NOTHING to verify this account with, and doesn't even have the date of the transfer?

If I'm in the wrong court to ask for FCRA compliance, you can have the judge tell me so and I'll file where the law will be enforced.

I'd like to see Trans Union provide accurate and complete credit reports for everybody.  Is that so difficult to do?  

Maybe it is, because apparently TU's failure to investigate my disputes as prescribed by the FCRA was not an "error" - I get the idea that it is standard TU procedure to violate the FCRA.

Trans Union not only failed to complete my investigation within 30 days, Trans Union failed to begin the investigations and violated  § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]:

"(a) Reinvestigations of disputed information.

(2) Prompt notice of dispute to furnisher of information.

(A) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person."

I expected every single disputed account to be either deleted, reported as "under investigation", or reported accurately. Trans Union failed to begin the investigation of my disputes as required by the FCRA.

 

A question on damages:

Is it your position that in order to have damages I actually have to apply for numerous accounts and be denied?  Should I have contracted to purchase a home, knowing I couldn't get the mortgage?

Or is it your position that damages should be mitigated?

Inquiries lower credit scores.  Do you feel that I should not have stopped applying immediately upon noticing that there was a problem, that I should have continued applying for credit until my credit rating was completely destroyed for the next year?

Sincerely,

Christine Baker

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