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Reinsertion after deletion...

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Frequent Contributor

Re: Reinsertion after deletion...

Does an ITS letter require an answer within a certain time frame?  I am looking for an expedited resolution. 
Message 11 of 14
Valued Contributor

Re: Reinsertion after deletion...

I really don't think calling the CRA and threatening to sue is going to get you a-n-y-where. Pretty much anyone who calls them and doesn't get immediate resolution starts yelling "I'M GONNA SUE" before the CSR disconnects them.
 
Sending a letter shows you're not just spouting off hotheadely. If you're in a hurry, the only thing I can think of is to maybe send it FedEx..
Message 12 of 14
Epic Contributor

Re: Reinsertion after deletion...

If it is a stipulation in the letter.  You would need to state either validate as accurate and show me proof, or delete it.  Something to that affect.  Quote the FCRA.
 
I also see that you have another thread that relates to this.  I would suggest following the suggestions in that thread.


Message Edited by guiness56 on 05-06-2008 09:31 PM
Message 13 of 14
Moderator Emeritus

Re: Reinsertion after deletion...

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
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Message 14 of 14
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