Experian Dispute, sent the same response after the MOV letter? Help

[chris288]

I started disputing back in December a dismissed Chapt 13 BK that is over 5 years old on my Experian report.  So I had wrote the dispute letter, Certified Mail Request Receipt.

Within the time frame they responded with the dispute response (and actually didn't dispute all of the items requested, but did say they verified my full name, address, SSN).  All said was verified and they did not remove the item.  They did put a security alert on my file though.  They are so thoughtful!! LOL

So my next step was to send the MOV letter I found on here.  So I hand wrote the letter, sent my SS card and DL in again Certifed, Receipt Request etc. Let them know the 15 day requirement.

I just received their response to the MOV this week (they barely made the 15 day cut off)

The response was the usual standard letter that states they had already disputed the item I am requesting to dispute again.  It states "We are responding to your request to verify items on your personal credit report. We have previously processed this dispute and credit grantor has verified its accuracy.  It says we will not Re-investigate the same dispute again at this time.

So basically they did not even read the MOV request or didn't care as the second letter was an MOV letter and not a Dispute letter.  Their response was to a dispute letter.

What should I do next?  Should I send the Intent to Sue letter?  Should I resend the MOV letter since they never really responded to it? Does the 15day response to the MOV come into play here and they must remove the item because it was the incorrect response and past the time frame?

Should I call them or keep sending certified mail letters?  I am just stuck and do not know what would be the best approach next to get this removed?

Thanks for any help here to anyone.

[gdale6]

What about the BK are you disputing???

[chris288]

I disputed the file date that is incorrect and the courthouse is incorrect. Also I wanted my name, address, SSN verified with the MOV.

[RobertEG]

I would first send the request again, clearly identifying the fact that it is a request for a description of the procedure used to determine teh accuracy and completemess of the information that was previously disputed, as authorized under FCRA 611(a)(6)(B)(iii) and 611(a)(7) and is NOT a renewed dispute.

If they continue not to comply, then send a formal complaint to the CFPB.

No, deletion of the disuted information is not required if they fail to comply with the so-called MOV provisions.

In the case of a public record, their MOV response will be pro-forma.  There is no furnisher of the information to the CRA.  The CRA itself conducts their own review of the current public record, and ascertains whether what is shown in your credit report accurately matches the public record posting.

I see little coming out of an MOV request related to public record information.  It is most useful in ensuring that if the information was reported by a furnisher, that the CRA contacted that correct furnisher of the information, and that a response was received back from that furnisher.

[chris288]

I was under the impression that the MOV would remove if they could not verify the info? I thought they had to provide who they verified with, what was used etc? This was all requested in the MOV. If they could not provide this they had to update or delete. Please correct me if I am wrong

[RobertEG]

The entirity of the so-called MOV process is set forth in FCRA 611(a)(6)(B)(iii) and 611(a)(7).

No requirment for deletion is set forth for failure to comply with the response period.

Any such penalty would have to be determined and assessed by a third party, such as the CFPB or the courts.

Deletion based on lack of correction or verification of accuracy applies to the outcome of a dispute itself, not to the process of providing  a description of the administrative procedure used in the reinvestigation process.

[chris288]

Robert thanks for the help. So would u suggest to resend it? I just want them to correct it or delete it.

Could I go ahead and file a complaint?

[gdale6]

If you have proof of the inaccurate information being reported then file a CFPB complaint.

[chris288]

I think that sounds like the best option as I do have the proof. Shoudk I send then them the complaint or let them know I filed one?