I was applying for a new apartment, and told the broker upfront that I didn’t have the best credit record - not terrible, mind you, but I’m not being courted by American Express to apply for a platinum card either. The same situation with my prospective room mate. But the landlords for a certain building were eager to get somebody into the space (what with the apartment market getting soft), and they were willing to be amenable. The broker assured us that the landlords were chiefly concerned with whether we had a record of stiffing on the rent, etc. Never having done that, I confidently submitted to their credit check.
Last night, a bombshell drops on me. We got turned down, because apparently my credit record states that I was given an eviction notice in 2002! I was floored. This wasn’t true. In fact for all of 2002, I was subletting a room in a apartment, and did not have a lease in my name. How in the world could I be faced with eviction when, technically, I did not have an apartment to be evicted from? I called the lady whom I sublet my room from. Yes, she had some issues with the landlord, but it had never gotten that ugly.
This morning, I called the broker back to explain my side of the story. That’s when she told me the most baffling part - the address from which I was supposedly evicted was one that I had never lived at!
The only thing I can think of is that this is another person with the same name as me was evicted. But I have no idea how to correct this. I even checked out my credit rating on Experian a few weeks ago, but saw nothing like this. Does anybody know how to correct this, or even where I should start to figure this out?
Good advice. Keep in mind you also have the right to a free copy of your credit report every year. Annualcreditreport.com is the best site I’ve found and I strongly encourage people to check their report every year.
Annualcreditreport.com is the only site to use – it’s the official one. Which means the report is actually free (they’ll try to sell you things, but you don’t have to pay anything to get the report). Other “free” credit report sites want you to enroll in their services before you get what you should get for nothing.
I cannot speak to your specific case, check your applicable laws and find an attorney in your jurisdiction to advise you on your case.
My understanding of the general process for credit report disputes is as follows:
Pull each credit report
Write a letter to each Credit Reporting Agency (“CRA”) where the mark appears explaining why the mark is wrong, asking the CRA to investigate and delete or correct. Include supporting evidence, your pertinent info., and a copy of the credit report(s) with the offending mark circled. Include a request for all information stemming from the CRA investigation should the CRA find the mark valid, including documentation of their investigation process itself.
Write a letter to the person causing the mark to appear, similarly explaining why the mark is wrong, but don’t divulge sensitive personal info. Ask this person to cooperate with the CRA investigation and/or delete and/or correct the mark.
Send all letters via certified mail, return receipt requested. Keep copies of everything. Never rely on verbal statements or promises.
If you don’t hear back in 31 days, and the mark is still there, ask the parties, by mail, to delete it. If anyone tells you they will delete, follow up to confirm it is done. If they say the mark is valid, request the CRAs put a dispute notation on your credit report and try to get to the bottom of it, sending follow-up letters to the parties. If the CRA cannot verify the debt in 30 days, the CRA should delete.
If you need litigation, don’t blow the statute of limitation. Check the law. Find a consumer attorney. Generally speaking, see the federal Fair Credit Reporting Act* and federal Fair Debt Collection Practices Act** as potential sources of law. Check your state law for similar statutory provisions and potential common law causes of action. Look up your potential remedies.
Consider reporting the issue to the FTC <–read this
*The FCRA generally regulates CRAs, furnishers of credit info to CRAs, and credit reports
**The FDCPA generally regulates collection agents regarding consumer debts and may not apply to creditors trying to collect on their own without agents. However, where a collection agent is involved who put a mark on your credit report, there may be overlap between FCRA and FDCPA.