Equifax dispute with lost supervisor

[crapandgarbage]

i just got off the phone with an equifax supervisor. Almost 30 days ago, I disputed a bank saying I made a payment on an account that was gonna fall off this year. I didnt make a payment. At first the equifax supervisor said they didnt have anything saying I disputed. then she said it must not be done yet . then she said it came back verified I made payment. I asked how did they verify? she said they "told us in their response". I asked , what did the send you?,,,,,, this is what she said

"we are not a law office or a court of law"

"not our position to ask for proof"

"we dont stand up to them toe to toe for information"

"we not a mediator, I need to do that alone"

"we dont ask to see files"

"its up to me to get proof from company or prove I didnt pay it"

I asked how do you make sure the info is accurate. she said "because they tell us". I tried to let her talk as much as possible.

My worry is the attemp to reage the account. It was due to fall off in Nov 2017 but crazy lazy is saying "since I made a payment, its another 7 years". BUT I NEVER MADE A PAYMENT.

I disputed with CRAs and asked NFCU for investigation of reported payment. Its almost 30 days. Whats next?

[Anonymous]

Disputing things online or over the phone are useless and very, very dangerous.

All of my informational disputes OTHER than old addresses are done via postal mail sent CMRRR and I specifically call out portions of the FCRA that reflect my dispute.

How did you originally dispute these?

[medicgrrl]

I would continue working with the OC to prove a payment was made by you.

[Anonymous]

I asked how do you make sure the info is accurate. she said "because they tell us".

That is insane....they could be told anything and they take it as the gospel. However, phone disputes are the least desired method as ABCD stated since they rarely work.  Regardless, I could not believe the excuses she was giving you and she probably was betting on you don't know about consumer laws.

[RobertEG]

The administrative dispute process set forth under FCRA 611 requires, unless the CRA holds the dispute to be frivolous or irrelevant, that the CRA send a copy of your dispute to the party who furnished the disputed information, that the furnisher conduct a reasonable investigation and respond back to the CRA within the reinvestigation period with their finding, and the CRA then make a final determination based on the response from the furnisher and any other information, and send a Notice of Results of Reinvestigation to the consumer within 5 business days after concludion of the 30-day reinvestigation period.  A response should thus be received within 40'ish days of filing.

The CRA relies on the finding of the results of the investigation conducted by the furnisher.

The furnisher stipulates that they have conducted a reasonable investigation, and that the investigation supports verification of accuracy of the information, so if they failed to conduct a reasonable investigation, or that investigation does not support their verification, that is a matter that you can have reviewed, but not under the dispute procedure per se.

Whether or not that finding is reasonable is a matter for the courts if the consumer contests.

FCRA 611(a) does not require the furnisher or the CRA to provide documentary proof of their finding.

If you wish to require documentation of their investigation and a review of the reasonableness of their finding, you can file a civil action, as authorized under FCRA 623(c), and receive a review by the courts.  That would be your next step.

The FCRA additionally authorizes a consumer to file a request with the CRA for a description of the procedure they used to verify the accuracy of a dispute, which is interpreted by the courts as requiring them to identify the party or parties they contacted with respect to the dispute, and whether they responded.

It does not require providing evidence/documentation to support a dispute.

That is an optional step that you might consider prior to any civil action, thus ensuring that they have at least complied with the statutory requirment to refer to the furnisher and receive a finding from the furnisher.

See FCRA 611(a)(6)(B)(iii) and FCRA 611(a)(7) for reqesting the method of verification of a dispute.