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I guess EX is trying to get out of processing my disputes!!

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J91605
Frequent Contributor

I guess EX is trying to get out of processing my disputes!!

A couple of weeks ago I sent off dispute letters to all three reporting agencies for errors on my reports. Today I received a letter from EX stating that they had received a suspicious request to my credit file. They also stated they would not process anymore disputes to my file. I am extremely upset as you can well imagine. I plan to call tomorrow. Does anyone have  advice on what I should say. Once I speak to someone and provide proof other than the info I sent are they still obligated to finish my disputes in the time frame the law provides from the original date of receipt of said dispute?

Starting Score: 6/30/15 EQ 554 TU 534 EX 608
Current Score: EQ 630 TU 635 EX 653
Goal Score: 680 across the board

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Message 1 of 8
7 REPLIES 7
J91605
Frequent Contributor

Re: I guess EX is trying to get out of processing my disputes!!

I wrote this as soon as I walked thru the door. After searching I found multiple threads about this subject but no one ever state how they resolved the situation. Any advise would be appreciated.

Starting Score: 6/30/15 EQ 554 TU 534 EX 608
Current Score: EQ 630 TU 635 EX 653
Goal Score: 680 across the board

Take the myFICO Fitness Challenge!
Message 2 of 8
RobertEG
Legendary Contributor

Re: I guess EX is trying to get out of processing my disputes!!

Are they, based on suspicous activity, requesting proof of your identity before conductng a reinvestigation?

If they are merely requiring proof of identity before processing, that is proper and appropriate.

 

However, blanketly refusing to conduct a reinvestigation of an asserted inaccuracy is a direct violation of FCRA 611(a), which mandates that the CRA must conduct a reinvestigation unless they hold the dispute to be frivolous or irrelevant.

 

An improper refusal to conduct a reinvestigation could be pursued by was of either formal complaint to the CFPB for vioaltion of the FCRA 611(a) mandate that they must, uless your disptue is frivoulous or irrelevant, conduct a reinvestigation or by bringing your own civil action against the CRA.

 

Message 3 of 8
J91605
Frequent Contributor

Re: I guess EX is trying to get out of processing my disputes!!

I sent my a copy of my state I.d. Social security card and a utility bill from my current address that they have on file. I covered that part  thoroughly. I get that they are stalling. I can see they do it often. I see it as not following tha guidelines set by the law. The part that upsets me is this.

 

In an effort to safeguard your personal credit information from fraud, we will not be initiating any disputes based on suspicious correspondence. Experian will apply this same policy to any future suspicious requests that we receive regarding your personal credit information, but we will not send additional notices to you of suspicious correspondence.

 

That sounds like an open ended statement. Hey next time you dispute we will say the same thing but not have to inform you.

 

Robert what are your thoughts?

Starting Score: 6/30/15 EQ 554 TU 534 EX 608
Current Score: EQ 630 TU 635 EX 653
Goal Score: 680 across the board

Take the myFICO Fitness Challenge!
Message 4 of 8
J91605
Frequent Contributor

Re: I guess EX is trying to get out of processing my disputes!!

I also sent in disputes for a few errors to be corrected. They didn't even state which one they are responding to. One or all? It sounds to me like all.

Starting Score: 6/30/15 EQ 554 TU 534 EX 608
Current Score: EQ 630 TU 635 EX 653
Goal Score: 680 across the board

Take the myFICO Fitness Challenge!
Message 5 of 8
RobertEG
Legendary Contributor

Re: I guess EX is trying to get out of processing my disputes!!

FCRA 611(a)(1) mandates that a credit reporting agency "shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate....."

Section 611(a)5), however, permitss a CRA to dismiss a dispute without reinvestigation if they determine the dispute is "frivolous or irrlevant."

They must send notice of each and every such determination to the consumer within the alloted reinvestigation period.

 

FCRA 611 does not provide specific basis for refusal to conduct a reinvestigatio other than a holding that the dispute is frivolous or irrelevant, so the CRA is basing their refusal on a reason that is outside of the stautory definitions of reasons not to conduct a reinvestigation.

 

In your situation, they are not holding your disputes to be frivolous or ireelevant, such as for lacking adequate assertion of a specific inaccuracy, or being substantially the same as a prior dispute.  They are contesting the authenticity of you as the actual consumer.

Theri specific statutory basis is not provided for their refusal.  I would assume that ANY refusal must be addressed and supported on a case by case basis, and that they must notify you for each dispute, the same as they are required to provide notice with reasons when they hold a dispute to be frivolous or irrelevant.

 

This would clearly be fodder for a ruling by the CFPB as to their responsibility to conduct or deny a reasonable reiinvestigation of each dispute, and provide notification of any reaons why they decliine each and every required reinvestigation.

 

Message 6 of 8
J91605
Frequent Contributor

Re: I guess EX is trying to get out of processing my disputes!!

Thank you Robert, you are always on point with your advise and responses. I will move forward with a CFPB complaint tomorrow.

Starting Score: 6/30/15 EQ 554 TU 534 EX 608
Current Score: EQ 630 TU 635 EX 653
Goal Score: 680 across the board

Take the myFICO Fitness Challenge!
Message 7 of 8
Imperfectfuture
Super Contributor

Re: I guess EX is trying to get out of processing my disputes!!

Just a hint, I did all of my disputes online, or via telephone. The ones handled by a supervisor at experian were handled the best way.

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