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Valued Contributor
Posts: 1,126
Registered: ‎08-29-2007
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Debt Validation Passed 30 Days......Now What?

I sent a debt validation letter to Equifax on February 22, 2010 for a charged off account, and I never heard back from them concerning it.  Well I decided to pull my credit report today (November 2) and it still states that the reinvestagation is in process.  I assume this means that the creditor did not respond to the debt validation letter.  Now what?

 

I disputed this once before in 2009, and it came back verified.  For this reason I tried a DV again, and that is when they did not respond (see above).  Does this mean I can have it removed now from my CR?  If so, how do I go about doing this?

 

I appreciate any help from the forum.

 

 


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Posts: 15,133
Registered: ‎07-14-2009
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Re: Debt Validation Passed 30 Days......Now What?

 


John060675 wrote:

I sent a debt validation letter to Equifax on February 22, 2010 for a charged off account, and I never heard back from them concerning it.  Well I decided to pull my credit report today (November 2) and it still states that the reinvestagation is in process.  I assume this means that the creditor did not respond to the debt validation letter.  Now what?

 

I disputed this once before in 2009, and it came back verified.  For this reason I tried a DV again, and that is when they did not respond (see above).  Does this mean I can have it removed now from my CR?  If so, how do I go about doing this?

 

I appreciate any help from the forum.

 

 


Unless you live in Texas a CA never has to answer a DV letter but until they do all collection efforts must stop.

 

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Valued Contributor
Posts: 1,126
Registered: ‎08-29-2007
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Re: Debt Validation Passed 30 Days......Now What?

Oops, made a mistake.  I meant to say that I did an online dispute stating that this was not my account through Equifax.  They came back once and said it was mine.  Then I asked them to reinvestigate it, and they have not answered the reinvestigation in several months.  It was not a DV that I sent (sorry).

 

Is there anything I can do to make them (Equifax) remove it, since they are taking so long to do the reinvestigation?

 

Thank you.


Starting Score: 583 EQ, 612 EX, 569 TU
Current Score: 658 EQ, 648 EX, 618 TU
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Mega Contributor
Posts: 19,519
Registered: ‎03-19-2007
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Re: Debt Validation Passed 30 Days......Now What?

Several isues are involved.

When you file a renewed dispute, the CRA can, if the information is considered substantially the same as information provided in a prior dispute, the CRA can just terminate the invetstigation without full reeinvstigation on the grounds that it is"frivilous or irrelevant..  See FCRA 611(a)(3)

However, if they made this holding. they were requried, under FCRA 611(a)(3)(B), to provide you notice to thiis effect withinn 5-days.

 

Valued Contributor
Posts: 1,126
Registered: ‎08-29-2007
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Re: Debt Validation Passed 30 Days......Now What?

I can say for a fact that they did not send me any sort of notice concerning "holding" the account or reinvestigation.  Also, there is no comment or sign of them saying that it is a frivilous or irrelevant reinvestigation.

 

Do you think I should try to make them remove it from my CR?  If so, any ideas of how I should word it?


Starting Score: 583 EQ, 612 EX, 569 TU
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Moderator
Posts: 15,133
Registered: ‎07-14-2009
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Re: Debt Validation Passed 30 Days......Now What?

[ Edited ]

I wish I had an answer for you but I just don't know. I do know the FCRA has time limits on responses to a reinvestigation request but what you can do if a CRA is in violation is something I'm not familiar with and I don't want to give you a possible wrong answer.

 

However I believe there are those who will be along who can assist you with this. 

 

ETA: I typed too slow!!

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Mega Contributor
Posts: 19,519
Registered: ‎03-19-2007
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Re: Debt Validation Passed 30 Days......Now What?

[ Edited ]

If you filed a dispute with the CRA under FCRA 611(a)(1), then failure to timely  comply with their notice of results of their investigation is a violation by the CRA of FCRA 611(a)(1)

 

"This is a dispute under FCRA 611(a)(1)(A)  and FCRA 611(a)(5) of your failure, as the responsbile credit reporting agency, to take timely action on my pending dispute, or to provide me timely notice of results of my pending dispute with you, with such disptue having been filed with you months ago, on (date).

"This NOT a typical dispute of information, or a request for a new  invetigition/reinvestigtion of the merits of my pending. dispute.  It is, rather, a dispute against your non-compliance with your required  actions following my prior dispute.

"As a credit reporting agency, you are requried under FCRA 611(a)(1)(A) to conduct an investigation of my dispute, and complete and record the results of that investigation by way of updating the current status of the disputed informmatio to my credit file, or by deleting the disputed information from my credit file, within 30-days of the date of my dispute.  To date, you have taken neither of those actions.

"You are additionally requried, under FCRA 611(a)(8)(A), to report the results of your investigation back to me, in writing, with 5-days of completion of your investitgation.  That means wriiten notice to me within maximum of 30+5 = 35-days of my date of dispute.

You have not complied with this notice requirement.

 

"As you have not complied with the basic requriements of FCRA 611(a), I am additionally requesting identification of the specific reasons why this has not occured.

More specifically, I additionally provide you  notice FCRA 611(a)(6)(B)(iii), that I request your full "description of the procedures used to determine the compeleness and  accuracy fo the information, and that you report those procedures back to me within 15-days of the date of this request.  FCRA 611(a)(7).   This includes compliance with your initial requirement, under FCRA 611(a)(2)(A), to have provided all relevant information to the party who reported the disputed information to my credit file within a period of  5-days of the date of my dispute.  Additionally, I request, as part of yiur disclosure of the procedure used, whether or not you received back verifification from the party who posted the information within the period set forth in FCRA 623(b)(1), and how you then, as part of your procedure, handled this as part of your investigtiion process,.  If the party did not find the disputed information accurate, or did not verfy it, did the party delete the disptued information by reporting to you, as requried under FCRA 623(b)(1)(E)(ii).? And why did you not, under the legal prescribed procedure, just delete this disputed information from my credit file on your own statutory authority?  No furnisher response = CRA obligation for deletion.

"And finally, as the last step in your procedure, why did you not comply with your requrirement to provide writiten notice to me of the results of this investigtion with the 5-day period set forth in FCRA 611(a)(8)(A))?"

 

If prompt response and action on this letter is not receieved, a complaint for the noted FCRA violations will be promptly sent to the federal admiinstrvie agency for consideration of FCRA violations.... namely, the Federal Trade Commission.

Mega Contributor
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Registered: ‎03-19-2007
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Re: Debt Validation Passed 30 Days......Now What?

[ Edited ]

I must reiterate my mantra.  Never dispute through a CRA.

As of 7/1/2010, you can totally bypass all of the crap  and needlless procedures that FCRA 611(a) throws at you, and just dispute directly with the party who posted the disputed information to the CRA. No more issues of use of a CRA  of the stupid  e-Oscar process, no more dates oif when the CRA sent the info to the party, no more issues over whether the CRA sent all info, no issues of when the party reported back to the CRA, and no involvement of the CRA in "reinvestigation" of the "investigation" reported to them by the reporting party.

I see absolutely no reason to ever dispute through the intermediary of a CRA.

Direct dispute under FCRA 623(a)(8), as enacted by 16 CFR 660.4.

 

Valued Contributor
Posts: 1,126
Registered: ‎08-29-2007
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Re: Debt Validation Passed 30 Days......Now Wha

Robert,

 

Thank you for the information.  That helps a lot.


Starting Score: 583 EQ, 612 EX, 569 TU
Current Score: 658 EQ, 648 EX, 618 TU
Goal Score: 720 EQ, 720 EX, 720 TU


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Valued Contributor
Posts: 1,063
Registered: ‎05-26-2010
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Re: Debt Validation Passed 30 Days......Now What?

The rules for a direct investigation by the furnisher under 623 require a prior dispute to the CRA.

 

Possibly the best sequence is:

 

Directly dispute with the furnisher, mail, CMRRR

Dispute with the CRA, mail, CMRRR

Request for investigation under 623 to furnisher, mail, CMRRR

MOV letter / dispute to CRA, mail, CMRRR

 

Note that phone and online are never part of the process.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
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