I hate EX. Today I received a previously investigated type letter from Experian for my MOV request for 2 public records. They basically told me to screw off. Please take a moment and critique my 2nd Move before I file an FTC Complaint and send an ITS letter. Let me know your thoughts and please be nice, but tough.
Thanks in advance. Here goes:
Dear Sir or Madam:
This letter is written notification that I am requesting a description of your reinvestigation procedure as is lawfully my right under the Fair Credit Reporting Act § 611(a)(7). In the event that you’re not familiar with this statute I am posting it below:
“A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description.”
This is NOT a request for a re-investigation or re-verification. I am demanding a detailed and complete explanation of who your source was and how Experian verified this data as is my legal right under the Fair Credit Reporting Act. IF YOU CANNOT PROVIDE OR CORRECT THIS SPECIFIC INFORMATION THE ACCOUNT(S) MUST BE REMOVED FROM MY REPORT IMMEDIATELY AS MANDATED BY FEDERAL LAW.
“PREVIOUSLY INVESTIGATED” IS NOT AN ADEQUATE RESPONSE – AND DOES NOT EQUAL “FRIVOLOUS!” If you respond in this manner, it will be deemed to be in direct violation of federal law and WILL be communicated to the FTC.
Again, I am straightforwardly requesting a complete and detailed description of how you were able to verify information that includes no less than the following information:
1. How did you verify the information reported by the listed data furnisher that is being reported on my credit report? Did you use the Automated Consumer Dispute Verification (ACDV)? Did you call the data furnisher?
Your source of information (data furnisher) listed as the Spartanburg Circuit Court cannot be correct because they cannot even verify the information with me. I have been in contact with them for over 30 days trying to verify this information and have spoken with a minimum of 2 people who to date have not been able to verify the above accounts.
Additionally, the receptionist and the Clerk of Court have indicated on several occasions that they do not directly verify anything with any of the credit reporting bureaus. To ensure that I left no stone unturned, I specifically asked the Clerk of Court if they spoke with anyone from Experian regarding the verification of judgments. Again, she stated, “We have not and never will directly verify anything with any of the credit reporting bureaus because we don’t have the time or the manpower to handle the onslaught of calls they would receive.”
I pressed a tad more and asked the Clerk of Court if they have ever received any paperwork via electronic means or USPS from any of the credit reporting bureaus to verify my judgments. She stated that they do not and have not received any correspondence via mail, fax or email. Now I found it interesting when your employee, Eileen of Team MAXX stated that Experian mailed a verification request on May 29, 2008 and June 27, 2008 with respect to my disputes and received a response that the items were to remain. Tell me, why would the Clerk of Court tell me they haven’t received any correspondence from Experian relative to judgments that allegedly belong to me? What would she gain by not telling me the truth? Who signed off on the responses that you received? How did you receive them: mail, fax, or email?
The data furnisher provided is incorrect. The true source needs to be identified or the accounts need to be deleted immediately.
2. Did you speak to someone at the Spartanburg Circuit Court that verified these records? Did you speak to Lucia, Cathy, Marc, or Cheryl?
If Experian did speak to someone, then your employee, Eileen on Team MAXX, is not telling the truth because she stated today, July 22, 2008, that Experian did not speak to anyone.
I’ve spoken to each of these people and none of them have been able to locate the following public records that are listed on my credit report because they do not exist:
1. Spartanburg Circuit Court - Docket # 29xxxx
2. Spartanburg Circuit Court - Docket # 29xxxx
3. If you did verify these accounts with them, what is the name and contact information of the person who verified this information?
On June 24, 2008, via Certified Mail # 7007 2680 0002 6025 xxxx received in your office on June 27, 2008, I disputed the validity of the following accounts by identifying a minimum of four (4) inaccurate pieces of information associated with these accounts and requested verification. If Experian had in fact truly investigated these items properly you would have found that the item identified were indeed incorrect.
4. If you are using another data furnisher, why is this not listed? It is against the law to list an inaccurate data furnisher. The source needs to be correctly identified so I that I, the consumer, can contact them. I am entitled to know specifically how this was verified with the Spartanburg Circuit Court whom you say was the furnisher of information.
Once more, I am NOT asking for re-verification or re-investigation of these accounts. I am demanding a detailed and complete explanation of who your source was and how Experian verified this data as is my legal right under the Fair Credit Reporting Act.
Regards,
