|
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
|