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January 23, 2002
Via
Facsimile Ms. Christine Baker (address deleted)
RE: Christine
Baker v. Trans Union, LLC, Cause No. 801 2001 CV 1751 UN; In the Justice Court
of Mohave County, Kingman, AZ.
Dear Ms. Baker:
On January 22nd,
I received your January 16th eight page letter regarding your case. I believe
there has been some type of misunderstanding in what Trans Union has filed;
hence, why I left a voice mail message yesterday asking you to return my phone
call. Because, according to you voice mail, you will not speak with me by
telephone and will only communicate with me by fax, I write to explain and clear
up any confusion.
The Answer that was filed in your case is a standard
answer that attorneys file in all cases. All defendants have to file an answer
or a judgment can be taken against them. Essentially, in the answer lawyers have
to make all potential arguments that could ever be raised. If they do not, the
lawyer will waive their defenses. This is why all of the arguments you did not
understand were included in the answer. Additionally, the paragraph that begins
"WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's
Complaint..." is also standard lawyer talk, so to speak, that is included in all
answers. There was no ill intent in filing the answer or some attempt to trick
you. Trans Union was obligated to file the answer with its potential defenses.
Additionally, my original phone conversation with you was to solicit
information about your case so I could have Trans Union begin investigating your
disputes. This is entirely separate from the answer that was filed. Last week,
Trans Union completed its internal investigation of your case for me. Until this
was complete, I was unable to explain anything to you regarding your case. I
would have just been speculating. I hope this addresses the first five or so
pages of your letter.
With regard to your additional comments, I will
explain them in turn. As for your Fair Isaac requests, Trans Union does not
issue Fair Isaac scores. The individual creditors will score your credit
history. Thus, Trans Union does not have any Fair Isaac credit scoring software.
In fact, Trans Union does not even know Fair Isaac's formula for scoring credit
reports. Perhaps, if you contacted Fair Isaac, Fair Isaac will be able to give
you a better idea of the formula that it uses. Additionally Trans Union does not
use any type of inquiry coding for Fair Isaac. Also, like you request, Trans
Union does list on your credit report the type of account that is being reported
so Fair Isaac does have that information. Moreover, your credit report does
contain all of the information on your credit report.
With regard to
your late payments, your creditors only report to us how frequently you were
late with payments. For more specific information, you must contact the creditor
directly to find out the dates of your late payments. By talking to the
creditor, you can also explain your late payment history and the creditor can
then correct it if it needs to be corrected. The FCRA does not require that the
credit bureaus list every date that the consumer was late with payment.
As for your request for a user changeable pin, there is no such user
changeable pin requirement under the FCRA. Pin/passwords are issued when a
consumer requests a credit report on-line but there exists no other pin number
for credit reports. Trans Union uses social security numbers, other accounts,
previous addresses, and other verification means for verifying the accuracy of
the consumer that only the true consumer would know. Because there is no pin
mechanism in place by any of the credit bureaus nor is one required by the FCRA,
Trans Union cannot set one up for you.
I hope the above helps explain
the issues the you addressed in your letter.
In your summary, you stated
that if Trans Union answered your above questions, paid your $50 plus the filing
fees, and provides you with a complete credit report and PIN that we could
resolve the case. I have answered the above questions as best I could in a
letter. I am also enclosing your latest credit report. I have also included a
copy of contact information of the creditors who are reporting adverse
information on your file so you may contact them directly. As mentioned above,
Trans Union does not have a pin system in place, thus, there is no way to
accommodate this request. Trans Union will pay you $50 and your filing fees if
you will let me know what that amount is. If this is acceptable, please let me
know and I can have the check processed and draft the settlement documents, to
be filed with the court.
Please let me know if you want your address
changed to the P.O. Box on your credit report and I will have Trans Union do
that as well. I look forward to hearing from you and if you have any questions,
feel free to call me.
Very truly yours,
Amanda Stamps
ALS:jfk enclosures

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