09-24-2010 09:35 PM
I had a negative account on my EQ that I disputed as not mine. When I got my investigation results, it showed the result of the other entry I disputed simultneously. Well I pulled the EQ again and the acct not mentioned in their investigation was removed.
Does this mean they just took it off now to buy time in case they are able to verify it later? I am not worried about them trying to verify because it is truely not mine. I am just curious as to why EQ didn't mention it was removed in their investigation report to me.
Gardening since 7-09-13
09-24-2010 10:01 PM - edited 09-24-2010 10:07 PM
If an item was disputed, and their investigation found that either the information was found to be inaccurate, or that it could not be verified, then their requried treatment of the dispute is to delete the information from your credit file, and to notify the creditor (not you) of that deletetion. No notice was requried to have been served on you, if they deleted.
If they did not report back to you that their investigation found the disputed information to have been accurate, and instead deleted the information from your credit file, they have complied with FCRA 611(a)(5)(A)(i).
That does not precude the subsequent reinsertion of previously deleted information into your credit file, but it makes it a bit tough.
That procedure is set forth in FCRA 611(a)(5)(B). It requires first that the creditor file a "certification of accuracy of information" with the CRA. The CRA, upon receipt of this "certificatiion" from the credtior, can then reinsert the information, but must provide you written notice of that reinsertion within 5-days after the reinsertion.
Filing of a certification of accuracy would be a really dumb thing for any creditor to do if they have no proof of verification. That is a legal document in your credit file that you can obtain. It might subject them to civil or criminal actions.
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