Successful TU dispute, but more problems

Anonymous · ‎07-27-2007

I disputed some items and all but one was removed. One of them which was removed was a re-report/duplicate with an amount that was $1 off that was showiing up as a new collection even though it wasn't

I asked them to send out a corrected copy to all those per their blurb on the back page and per federal law if I'm not mistaken. It seemed to be a problem for the rep, the supervisor and I've talked with someone in "Special Handling".... They are saying that because it was an AR rather than a hard pull that they can't resend the corrected report.

This is causing me some major problems since they increase my interest rate by 10 points and its causing me a good chunk of extra finance charges.

So, since per FCRA they are supposed to do this and they say that can't because of theri computer systems, do I have some leveraging room here maybe to get my last collection (small medical collection that I paid almost 7 years ago off or do I just tell them of my ITS and get whatever I can out of them since they aren't following the law and their own policy?

I asked the difference between a AR and an Inquiry and according to TU the only difference is one counts as an Inquiry and affects your crediit score, the other doesn't, and they still get the same information.

I posted this by mistake in the FICO Scoring area originally and then some noob tried to hijack the thread. Can any of the Gurus advise? I wear this is almost like a RPG and I've got to get the golden fleece in order to get this all straightened out... Kevin

Message Edited by KevinB on 07-27-2007 11:42 AM

Message Edited by KevinB on 07-27-2007 11:43 AM

Anonymous · ‎07-29-2007

15 USC 1681i

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=15&sec=1681i

(d) Notification of deletion of disputed information
Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (b) or (c) of this section to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information.

The law is clear and makes no distinction between soft and hard inquiries. Anyone who's received a copy of your consumer report within the past 6 months shall be furnished notification.

Go here, read it, and print off the relavent section.

http://www.ftc.gov/os/statutes/fcradoc.pdf

§611, 15 USC 1681i, starts on page 46 and runs to page 52.

Anonymous · ‎07-31-2007

Noah:

I've talked to 2 managers in special handling and they still won't budge. They say that a AR is not considered a consumer report and they have no mechanism for sending an updated report in response to an AR and they will not send the report via snail mail directly to BOA.

BOA won't take a copy I send them. So is it time for CMRRR and ITS with a side of complaint to the FTC? I could use the extra $1000 to pay down the extra finance charges that BOA has put on the account due to the new baddie that was a mistake.

Kevin

Anonymous · ‎07-31-2007

KevinB wrote:
I've talked to 2 managers in special handling and they still won't budge. They say that a AR is not considered a consumer report and they have no mechanism for sending an updated report in response to an AR and they will not send the report via snail mail directly to BOA.

BOA won't take a copy I send them. So is it time for CMRRR and ITS with a side of complaint to the FTC? I could use the extra $1000 to pay down the extra finance charges that BOA has put on the account due to the new baddie that was a mistake.

http://www.ftc.gov/os/statutes/fcra/index.shtm

Read through the 611 letters, although I didn't see anything that specifically addressed this issue. Do send off a complaint to the FTC.

I agree. Time for ITS, and I think it's worth running it past a lawyer. If they'll take the case, a lawsuit in Federal District court tends to be much more expensive for the CRA than Small Claims or other state court.

Here's the FTC's FCRA page.

http://www.ftc.gov/os/statutes/fcrajump.shtm

And their FDCPA page.

http://www.ftc.gov/os/statutes/fdcpajump.shtm

Anonymous · ‎08-06-2007

Noah:

More interesting issues...I talked with a supervisor of the supervisor of the special handling unit. She confirmed that there was a technical reason that they couldn't send out the correction and that they we legally obliged to send out the correction but couldn't do it for technical reasons and that they had escalated the problem to their techies.

Very Interesting. I'm surprised that someone hasn't called them on this yet.

Kevin