cancel
Showing results for 
Search instead for 
Did you mean: 

Help with dispute to equifax

tag
odjohnson3
Regular Contributor

Help with dispute to equifax

I recently disputed a charge off account thats listed on equifax via certified mail with return receipt. I have been a previous victim of identity theft and therefore requested proof of contract bearing signature or a copy of the application and identification used to open this account if it is allegedly verified. Equifax sent me an online update stating the item is "verified" but have failed to issue any documentation afore mentioned or any obtained during their investigation. Since they have not complied by sending me any documentation as proof of an actual investigation, can someone tell me where to go from here?

 

Thanks much in advance

Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Help with dispute to equifax

Equifax only reports what they're given. If you have a police report supporting the ID theft that would help. Also, you would need to dispute the issue with the original creditor in order to get original documentation. You can request their method of investigation under FCRA section 611 (a) (7) I think it is. Dispute with the OC and if they are verifying incorrect information, then you can either take legal recourse or continue to dispute this with Equifax after the fact.

Message 2 of 8
Anonymous
Not applicable

Re: Help with dispute to equifax

They did the same thing to me, sent me a letter in the mail claiming account was verified and the did not have to provide me with any documents that I had requested. I would like to know what people suggest.
Message 3 of 8
lindsaydruart
Established Contributor

Re: Help with dispute to equifax

Dispute with the OC or the CA not, the CRA. The CRA doesn't verify much from my experience. It's all automated and if the CA says yes, they deem that as verified. Request a validation of debt with the OC or the CA via certified mail and start there. Once you have proof that you sent the info and they did not comply with your request, THEN you can send your documentation to the CRA and say "Look, not valid. Take it off" and go from there.

Gardening since 12/15/2019. Goal 12/15/2021
FICO 8 as of 12/16/2019 - EQ 602 EX 656 TU 628
Message 4 of 8
odjohnson3
Regular Contributor

Re: Help with dispute to equifax

If equifax is supposedly conducting an "investigation," isnt this something i can require without disputing with the original creditor. They are allegedly contacting the original creditor or party reporting so isnt it safe to say i can request whatever documents they have obtained to show verification? If not, then equifax or any CRA can get away with simply saying "verified."

There should be a law or something that requires the CRA, not jus the OC or CA to provide proof of their so called investigation or verification process. If not there would make no sense to dispute with the CRA to begin with. You can jus go straight to the source. If theyre not doind their job, an actual investigation and providing proof of such, are they not in violation of the FCRA?

Message 5 of 8
RobertEG
Legendary Contributor

Re: Help with dispute to equifax

You have the right to request a copy of the contract that supposedly was submitted by you to open the account.

However, that right is not under the dispute process.  Verification of accuracy by a furnisher does not require that they submit evidentiary proof of their finding of verification.

Thus, the dispute process is not the path.

 

The FCRA has an extensive identity theft process to address your situation.

Under FCRA 609(e), if you obtain a police report (the FCRA calls it an identity theft report) and send it to the creditor, then the creditor must provide to you all business records in their possession related to the account/transactions that you assert resulted from identity theft.  That includes any documentation they are relying upon to verify that you are the party who authorized the account/transactions.

 

In addition to compelling their production of documentary proof, you can also send the identity theft (police) report to the CRA, and obtain blockage of their credit reporting related to the asserted identity theft.  FCRA 605B.

Message 6 of 8
odjohnson3
Regular Contributor

Re: Help with dispute to equifax

Thank you very mch for the detailed reply
I dont have an identity theft affidavit for this particular instance but theres one for a previous incident.
Ill possinly jus submit the dispute with the original creditor and request they provide the afore mentioned documentation.
Thank everyone for all the help...ill keep you guys posted
Message 7 of 8
RobertEG
Legendary Contributor

Re: Help with dispute to equifax

A direct dispute will not entitle you to anything more than you receive if you dispute via a CRA

 

When you dispute via a CRA, they are required to send a copy of yoru dispute to the furnisher,and the furnisher is required to conduct a reasonable investigation, and report their results (not their documentation) back the CRA.

If you send a direc dispute to the furnisher, they are similarly required to conduct a reasonable investigation, with the difference being that they respond directly back to you, and not to the CRA.

 

In either case, if they verify the accuracy of their reporting, they are not then required to entertain a new dispute that is substantially the same as a prior dispute.

More specifically, the direct dispute rules (16 CFR 660.4) permit the furnisher to dismiss any direct dispute without any investigation if it is substantially the same as a prior dispute filed with a CRA. 

 

If the basis of your dispute is that you never authorized the account, they are not required to prove that you did.

Your best recourse is to follow is the identity theft process, both to get the information you seek, and to block their credit reporting.

 

 

Message 8 of 8
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.