CreditCourt.com - Baker vs. Trans Union, LLC

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My Fax to TU - March 8, 2002

via fax to 214-(deleted)

Christine Baker
(address deleted)

Amanda Lewis
Strasburger & Price, LLP

March 8, 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'm sorry it took me so long to respond, I was in San Francisco for a week and got seriously behind on everything. Appreciate your quick response, and I have some follow up questions to your 2/20/02 fax.

1.You wrote: "How long will the collection account for Professional Recovery remain on your credit report?

Under the FCRA, adverse information remains on file for seven years from the date of last activity. The collection account was placed in April of 1999 so the account will be removed no later than seven years from this date."

How do you get the idea that the "PLACED" date of 4/99 is the date of last activity for a charged off account?

I have requested my file from Prof Recovery so I can see what exactly they reported, but may have to sue for that too, or subpoena the records, or something. Still don't have a lawyer.

Every time a collector sells the account to a new collector who reports to TU, you re-age it.

That is definitely a violation of the FCRA.

This 1996 Pacific Bell charge-off could be on my credit report for 100+ years, every few months or years the collector sells it, a new collector places it on my Trans Union credit report, and Trans Union reports it another 7 years from the date the new collection was placed.

If every collector then continues to report this collection as "transferred," as Professional Recovery does, I could conceivably have 5 or more collection accounts on my Trans Union credit report in a few years?

2. Addresses

"Several of your creditors are reporting the San Bruno address as your current address. When this happens, your Cottonwood address gets moved to a previous address. This is not uncommon and does not affect the credit information on file."

How can it NOT affect the information in my file?

When I take my credit report to show to a prospective landlord, or an apartment manager runs my TU credit, and I completed my rental application with my Cottonwood address, but the Trans Union report shows an address from another STATE that I haven't used in years, I believe it will affect my rental application outside California VERY negatively.

Many landlords outside California want NOTHING to do with Californians, and Trans Union makes me look like a liar.

You wrote: "you need to contact all of the creditors who are reporting information on your Trans Union credit report and inform them of your current address."

How do I know which address a creditor reports?

I don't find the addresses reported by creditors on the Trans Union reports you are sending to me.

Apparently there is MORE data you are withholding from me.

And, are you saying that consumers with old chargeoffs and collections have an obligation to notify those creditors of their current address?

Obviously, many creditors/collectors will then start collection efforts.

Is this why Trans Union fails to enact procedures to prevent old addresses from becoming the CURRENT address?

To assist their customers, the collection agencies, in their collection efforts?

You go on to state "the (deleted) address is being listed on your credit report because this is listed on your complaint against Trans Union."

Trans Union doesn't just REPORT data submitted by creditors, Trans Union actively COLLECTS data to add to the credit reports?

3. You wrote: "Inquiries on Consumerinfo.com

As I have previously explained to you, there is no hidden information that Fair Isaac or creditors get from Trans Union. The credit report that you have from Trans Union regarding your inquiries is what creditors see regarding your inquiries. I presume that Consumerinfo.com includes the industry description as part of its services."

EXACTLY! That is the data I am hereby AGAIN requesting to be disclosed to me and that you have been withholding from me in spite of my many requests.

ANY and ALL data you transmit to creditors and Fair Isaac must be disclosed on my Trans Union credit report.

I'm tired of paying consumerinfo.com $30 to $40 to get this data, which is used to decline applications and to INCREASE interest and insurance rates.

WHY is Trans Union withholding these very important "industry descriptions" from consumers?

"Additionally, unlike when you access your credit report directly through Trans Union, when a service such as Consumerinfo.com accesses your credit report, that does show as an inquiry and will appear on your credit report for creditors and Fair Isaac to see."

Would you please confirm this, as I may be using your statement as basis for legal action against Consumerinfo.com. Are you absolutely SURE?

"Moreover, the Consumerinfo.com report that you provided Trans Union did not have your social security number which is why more information was requested from you."

Just for the record: Trans Union did NOT request my social security number. You previously stated that Trans Union was confused by the 2nd file.

Were there different social security numbers in my two files?

My Damages

Trans Union FAILED to provide me with my complete credit report.

Even after months of writing to you, and in spite of your own admissions in your 2/20/02 fax, Trans Union refuses to provide me with my complete credit reports.

Ms. Lewis, you instead harp on my 1996 bankruptcy.

Apparently Trans Union feels that FCRA compliance is not necessary for consumer reports with bankruptcies because

a) those consumers don't have the money or credit to hire a lawyer for representation

b) those consumers will never be able to prove damages because you'll go to court and say

"Bankruptcy! Your Honor, LOOK at that BANKRUPTCY!"

"Bankruptcy! Bankruptcy! Bankruptcy! Bankruptcy!!!!"

I will prove that a bankruptcy is only one of many factors used in manual as well as score driven underwriting.

I don't care if it's Mr. Fair, Mr. Isaac, or Mr. Quinn - somebody from Fair Isaac is going to explain to the Judge and maybe even the Jury why I was declined for credit and how important complete and accurate credit files are.

As you have been concentrating on my never disputed bankruptcy so much, I did a little research on that subject.

I may initiate action with the US Bankruptcy Court, as Trans Union and all creditors who reported the discharged accounts AFTER the discharge may have violated the discharge order.

I am sure that the creditors who reported balances and collections violated the discharge order.

TU has known about and reported my discharge since 1996. TU chose to report discharged accounts as collections and even with balances in spite of the discharge order.

I am hereby requesting ALL Trans Union records pertaining to my credit file since 1996, specifically:

A) Every dispute, how it was investigated and the results

B) The Trans Union reporting history of the AFSCI "Coll/P&L" and the Fleet "Coll/P&L" with an account balance of $6,667. (TU Initial Disclosure - TU00020)

C) The Trans Union reporting history of the Sears and Washington Mutual accounts, specifically the cause and date of the first reporting of the "unrated" status.

D) The Trans Union reporting history of the Prof Recovery collection. When was it first reported to TU, and how was it reported?

E) ANY other derogatory account reported since 1996.

Ms. Lewis, do you really not know how critical ACCURATE credit data and positive account history are?

Do you really NOT know that every piece of data goes into Fair Isaac's credit scores?

Do you NOT know that especially with a bankruptcy, Trans Union needs to be extra careful to report accurate data, as the slightest reporting mistake can cause a decline, and that creditors routinely violate discharge orders and continue to report balances?

You stated that I have no damages when I have only $1,000 available instead of $5,000.

Ok, I can live with that if we apply the same logic to your settlement offer:

Please increase your settlement offer to $250,000,000.

It makes no difference whether Trans Union has another $249,999,750 available or not - just like it makes no difference whether I have another $4,000 available or not.

When I filed the small claims complaint, I was aware that I could only sue for actual damages up to $2,500. What I really wanted was the proper investigation of my disputes as required by law, my PIN and my complete consumer disclosure, along with very little compensation for my trouble. $2,500 doesn't even come close to the actual damages I suffered since 1996.

You moved the case to Civil Court with a $10,000 limit, and I was just advised that I could move the case to Superior Court in Kingman, but I'm beginning to think that I should file in Federal Court.

A class action seems most appropriate.

Millions of Americans with bankruptcies incur massive damages due to TU's violating the FCRA and the Bankruptcy Courts' Discharge Orders.

EVERY person with a TU credit file gets INCOMPLETE disclosures.

As you know, I don't have a legal staff or representative yet, aside from the occasional hourly consultations.

Are the Request for Admissions, First Set of Interrogatories and First Request for Production I received last Tuesday "standard" TU documents like the totally irrelevant Answer you submitted to the Court?

I'm confused, as I was expecting your motion for dismissal and your legal fees as per your 2/20 fax. Since there are so many problems with mail delivery, I want to make sure I'm not missing any motions I need to respond to. Please let me know.

Most interesting, you're threatening me with thousands of dollars in legal fees for TU, and you're offering nothing to me for all the hassles I've been through. TRANS UNION moved this case out of small claims court, CAUSING those legal fees.

What about MY many hours of trying to figure out your irrelevant Answer, and the many hours it took to respond?

How many hours did it take to get you to admit that TU does provide the "industry descriptions" to creditors and Fair Isaac, but not to me?

Trans Union determined that since I filed for bankruptcy, I'm now fair game to CRAs, creditors and collectors and the FCRA no longer applies because I won't be able to prove damages.

I am however good for another 55 cents from a creditor who buys my TU credit report to then decline me due to the INACCURATE data supplied by TU. So that I have to apply elsewhere, and TU gets another 55 cents from the next creditor.

The more often I get declined, the greater the Trans Union profits.

Not only does Trans Union get the creditors' payments for my reports, but Trans Union charges consumers for their incomplete credit reports and the worthless Trans Union credit scores.