topic Re: FCRA in General Credit Topics

FCRA

Anonymous — Wed, 09 Nov 2011 20:07:43 GMT

Has anyone ever had to write to EQ and TU and remind them that the FCRA specifies that if there is erroneous derogatory information on your credit report, and if the creditor has agreed to remove the information, and that they have in fact instructed the credit bureau's to remove it, and you have even went so far as to send them copies of the letter from the creditor verifying that the information is inaccurate, that they must "promptly" remove the derogatory information? It has been almost 60 days now, and there is still derogatory information on my credit report (EQ and TU only; EX has updated theirs). Do I need to write them again and threaten legal action if they do not comply?

Re: FCRA

RobertEG — Thu, 10 Nov 2011 01:45:47 GMT

Have they communicated with you to say they wont remove for some specific reason, or is this just an issue of silence or delay?

Re: FCRA

Anonymous — Thu, 10 Nov 2011 04:28:28 GMT

Silence and delay. Last week I sent them copies of a letter from my creditor saying that they had reported derogatory information in error. No response. I guess my next step is to send a certified letter to both EQ and TU and see if the FCRA will encourage them to get up off their duffs.

Funny how they don't seem to have a problem "promptly" adding negative information to your report.

Re: FCRA

Booner72 — Thu, 10 Nov 2011 16:29:57 GMT

CALL THEM.

EQ: 1-800-846-5279

TU: 1-800-916-8800

EX: 1-800-493-1058

Those are my current numbers and they work. When I called to check my judgment (every day since I disputed it as it was vacated) === the third day, the guy said "yep, it's gone" - He then clicked a button and sure as ______, I pulled a new EQ and it was gone.

Re: FCRA

Anonymous — Thu, 10 Nov 2011 16:49:40 GMT

Thank you for the numbers. I guess the squeaky wheel gets the grease.

Re: FCRA

CreditCrusader — Fri, 11 Nov 2011 12:34:47 GMT

I had this same problem with EX...letters from creditors mailed, faxed, sent by Pony Express....NOTHING for months.

The problem here is the absence of any significant oversight on the part of these agencies and the credit process. Take EX, for example. It is INEXCUSABLE for EX to hold OUR FICO credit scores hostage when the attainment of credit is often contingent on those scores. We can't even BUY those scores, for crying out loud!

I had to become Experian's worst nightmare before the kick-started their fannies into gear and removed A DOZEN inaccurate baddies. Persistence pays and it is our only recourse since the powers that be seem to think letting CRAs run their own ship and ignore credit reporting laws is a good idea.

Re: FCRA

LIGHTNIN — Sat, 12 Nov 2011 02:00:55 GMT

Send a dispute to EQ and TU, as "not mine"

Re: FCRA

Downto0 — Sat, 12 Nov 2011 03:00:41 GMT

Do I need to write them again and threaten legal action if they do not comply?

I would. I'd type up a Federal claim with damages and send them an unfiled copy and tell them that they will be served a copy if they don't comply. I'd also type up a letter to the FTC detailing the violations and send them a copy of that too.

If they still don't respond then I'd file the claim and send the letter.

You might also test your claim by consulting a NACA attorney. If they will take the case on a contingency basis then you know it's good. If they want money then it's not so good.

Re: FCRA

LIGHTNIN — Sat, 12 Nov 2011 15:39:24 GMT

Send a dispute to the CRA and state information is inaccurate. Then the CRA would notify you, with the results by 45days.

That is what the dispute process is there for. Disputing is the first step in removing incorrect information from ones CR.

If you take the legal route, it may even take longer.

Re: FCRA

Anonymous — Sat, 12 Nov 2011 16:37:29 GMT

Thanks to everyone for the great advice. I have since pulled both the EQ and the TU reports and they have now removed the erroneous information.

Re: FCRA

Downto0 — Sun, 13 Nov 2011 00:54:52 GMT

One last note...afer rereading the op's first post, it would seem that the op did dispute with the CRA's and the next logical move would be to threaten court action if they did not comply.

One should always give the settlement process outside of court a fair chance but when settlement has failed then it is time to sue, or give up the cause.

Re: FCRA

LIGHTNIN — Sun, 13 Nov 2011 02:13:10 GMT

@Downto0 wrote:
One last note...afer rereading the op's first post, it would seem that the op did dispute with the CRA's and the next logical move would be to threaten court action if they did not comply.

One should always give the settlement process outside of court a fair chance but when settlement has failed then it is time to sue, or give up the cause.

It's very hard to read these posts and try to understand what one person is trying to say. You can have 100 people go to a movie and you'll get 100 different opinions of the same movie.

I just re-read the OP 1st post and I didnt see where OP said they disputed with the CRA's, only wrote a letter and sent copies from the OC's,telling the CRA's to remove items from CR. 3 and 1/2 lines was in form of a question, so it was hard to determine what exactly the OP did.

Downto0 I agree with you, to take legal action when all else has failed. And to the lurkers out there,know your rights, take time to read the FCRA and the FDCPA.

dodgehilton....Congrats on the deletes, Oh and keep all the paperwork about this situation, just in case you need it in the future.

Re: FCRA

Downto0 — Sun, 13 Nov 2011 05:47:20 GMT

Yep, the op did not say dispute but there could be no other reason why the op was sending the letters from the creditors to the CRA. One is left to assume because posters often do not supply all the details.

Re: FCRA

RobertEG — Mon, 14 Nov 2011 02:37:47 GMT

The FCRA places the responsibility on the furnisher of information to report the deletion of inaccurate information to the CRAs.

That responsibility accrues when, as a result of a dispute of the accuracy of information, the furnisher finds the disputed information to be inaccurate, incomplete, or could not be verified. FCRA 623(b)(1)(E) then requires them to either modify the information by reporting to the CRAs such as to make it complete or to delete it.

The CRA is then mandated to promptly correct or delete based on the results of their reinvestigation, pursuant to FCRA 611(a)(5)(A)(i).

So the issue of a resolved dispute is at the heart of th furnisher requirement to report correction or deletion, and the CRA compulsion to correct or delete. Was there actually a dispute that was resolved by way of a report of results of the reinvestigation from the CRA, as set forth in section 611(a)(6), or are we just talking about shooting off letters to the CRA?

Did the furnisher actually send a deletion report to the CRA? That is the document I would want in hand.