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Experian LIED About Investigation ! They Did NOTHING !!

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Gonzozap
Frequent Contributor

Experian LIED About Investigation ! They Did NOTHING !!

I recently had 3 issues I was disputing with all 3 bureaus.  TU and EQ quickly took care of all 3 and they were removed.  EX sent me my report with the same info and said they had investigated and here are the results.  NOTHING REMOVED and no explanation.  Now, for one of them, I produced irrefutable proof  I had paid the debt 2 yrs prior to it "allegedly" being given to a collection agency.  In fact I sent it to EX twice, since the first time they claimed they could not do anything due to my failure to include proper ID with my dispute.   Neither EQ nor TU asked for all that ID for the dispute.

 

When I got the EX report in the mail, I was livid and took to the phone.  First got a stupid girl on the phone who told me EX "probably" did nothing with the proof of payment I sent because I needed to get something from the original creditor saying it was paid. I  reminded her the OC was not involved in the collection.  She kept talking nonsense and I askled for a manager.  Surprisingly, one came to the phone.  He was extremely pleasant & professional.  But he had the gall to first tell me they had no record of receiving any proof from me. I nearly lost it.  Of course, everything was sent via certified mail.  He put me on hold and came back to say he found it and apologized.  Said he would remove the acct immediately - and he did.  It was a recent baddie so score shot up 35 points.  Then I asked about the other 2.  I told him outright that I felt certain Experian had done nothing with my disputes & just sent me back my report pretending they had investigated.  Strangely, he never reacted as if that was crazy, and never denied it.  Instead, he said he was putting in the dispute right now for the other 2.  I asked him asked what happened to the dispute they should have done 30 days ago.  He could only say he wasn't sure.  So many violations of the FCRA.

 

After the phone call, I put everything in writing to Experian with a copy to the CEO and a copy to the CFPB.  In my letter, I asked for "a description of the procedure used to determine the accuracy and completeness of the information obtained to validate the dispute" - pursuant to 15 U.S. Code § 1681i(a)(6)(b)(iii)).

 

I also included this legal notation in my letter:

 

"In Cushman v TransUnion, Stevenson v. TRW (Experian), and Richardson v. Fleet, Equifax, et al, the courts ruled in each of these cases that the CRAs could not merely "parrot" back the same creditor information which the CRA already had in its files. The courts ruled that the CRAs had to conduct an independent REASONABLE investigation to ensure the validity of the information along with the honesty and integrity of the creditor or CA in question."

 

As I undestand it, all the bureaus do is shoot over a stupid 2 or 3 digit code (e-Oscar) to the creditor and they respond back with a stupid code or response. And that's the investigation.  What a bunch of crap.  Transmitting codes to a creditor is NOT a REASONABLE invvestigation.

 

Everyone be mindful of the fact that investigations may be a farce, and in most cases we won't know.

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Experian LIED About Investigation ! They Did NOTHING !!

I am glad that you noticed the CFPB of their lack of proper investigation.

 

The CRA use of the e-Oscar system and its lack of forwarding of all information provided by a consumer in support of a dispute to the furnisher of the disputed information has long been an issue, and was a primary reason for the additon of the direct dispute process to the FCRA.

 

The CFPB has, on several occasions, issued critiques of the e-Oscar process and its use by both the CRAs and furnishers.

See, for example, section 7.3 of the CFPB white paper issued in December, 2012, titled "Key Dimensions and Processes in the U.S. Credit Reporting System."

Since then, the CFPB has been working to ensure that the dispute system was improved. The “e-OSCAR” system has been upgraded so that the three companies can now send furnishers any relevant dispute documents mailed in by consumers. The CFPB is continuing to work to see that the capacity of the system is expanded further in the near future.

 

The CFPB has also put furnishers directly on notice that they will be taking action against furnishers who fail to consider all relevant information in their investigation of consumer disputes.  See CFPB Bulletin 2013-09.

Message 2 of 4
Gonzozap
Frequent Contributor

Re: Experian LIED About Investigation ! They Did NOTHING !!


@RobertEG wrote:

I am glad that you noticed the CFPB of their lack of proper investigation.

 

The CRA use of the e-Oscar system and its lack of forwarding of all information provided by a consumer in support of a dispute to the furnisher of the disputed information has long been an issue, and was a primary reason for the additon of the direct dispute process to the FCRA.

 

The CFPB has, on several occasions, issued critiques of the e-Oscar process and its use by both the CRAs and furnishers.

See, for example, section 7.3 of the CFPB white paper issued in December, 2012, titled "Key Dimensions and Processes in the U.S. Credit Reporting System."

Since then, the CFPB has been working to ensure that the dispute system was improved. The “e-OSCAR” system has been upgraded so that the three companies can now send furnishers any relevant dispute documents mailed in by consumers. The CFPB is continuing to work to see that the capacity of the system is expanded further in the near future.

 

The CFPB has also put furnishers directly on notice that they will be taking action against furnishers who fail to consider all relevant information in their investigation of consumer disputes.  See CFPB Bulletin 2013-09.


Thx for that info.  I will be reading these references.  In my case, not only did they not send my validation to the creditor, they did nothing with it themselves.   I will be talking to my attorney next week.  He loves consumer lawsuits.

Message 3 of 4
Anonymous
Not applicable

Re: Experian LIED About Investigation ! They Did NOTHING !!

I am currently dealing with the same thing from Equifax and Experian on tradelines I know are inaccurate. Even the OC admits they are inaccurate, but claims they are unable to fix it and told me to contact EQ/EX. I am shooting off a similar letter tomorrow to each of them.

 

Best of luck to you.

 

 

TransUnion on the other hand has always deleted inaccuracies the first time and in a timely matter for me.

Message 4 of 4
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