Send a letter that says something to the effect of
I previously disputed an item with (CRA) and it could not be verified and was removed as a result of this dispute.
On XXXXXX I noticed that (CRA) has allowed this account to be re-inserted on my credit report.
As I am sure you are aware of, FCRA 611 (5)(B)(ii) states that you, the consumer reporting agency, must notify me not later than 5 business days after the re-insertion.
Today is XXXXXX, X business days since I noticed the re-insertion and I have not received any notices from (CRA) regarding this matter.
You are now in violation of the Fair Credit Reporting Act and this account should be deleted from my credit reports, as it was already disputed and was not verified.
Doesn't have to be word for word. But something to that effect.
After you do this, if they do not take action, you send an ITS for willful noncompliance.
I don't have a copy of the FCRA handy, but I believe it protects the CRA from liability if it is considered "unwillfull noncompliance". If you do not attempt to get them to comply, it could void any lawsuit you may have.
I could be wrong on that part. Google "FCRA" and read it, one of the last sections.......something about "civil liability"
Message Edited by sidewinder on
05-06-2008 09:40 PM