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please help with Equifax reinsert

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Regular Contributor

please help with Equifax reinsert

Awhile back I posted about a TLwhich reappeared on my EQ report. This tradeline was previously deleted in May 2008. It reappeared earlier this month. I got no letter from EQ for reinsertion and the acct # on the TL is exactly the same one. I sent them a letter showing the report where it shows they deleted it and demanded they delete again as they blatantly violated the FCRA by not mailing me prior to or within 5 days from reinsertion. The letter I got back states that they verified this item belongs to me but the catch is now on the results report there are 2 other TL's that were previously deleted and have reappeared also. I am thinking it is defnitley time to sue EQ as this is very blatant....what are everyone's thoughts?
Message 1 of 13
12 REPLIES 12
Senior Contributor

Re: please help with Equifax reinsert

Well, that depends ... if you disputed with the CRAs (as I understand it), they have to verify with the CA. The CA, legally, has all the time in the world to verify the account with the CRAs. Until they do, though, the TL has to come off.

It could very be that they DIDN'T verify for a while and it was deleted. But then DID verify and now it's back on. From what I've seen here, it happens a lot.

I think your best bet is to DV'em. If you haven't already done so. That I wouldn't know 'cause I've not seen any other post by you on that subject. :/

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Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 2 of 13
Senior Contributor

Re: please help with Equifax reinsert

Also, is it possible that they DID send you a notice and it got lost in the mail??

Most of our credit rebuilding issues have arisen from not getting mail/bills. We get about 30% of our mail at any given time. I've even had to have magazines sent by FedEx simply because they kept getting lost in the mail. :/

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Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 3 of 13
Regular Contributor

Re: please help with Equifax reinsert



@Wonderin wrote:
Also, is it possible that they DID send you a notice and it got lost in the mail??

Most of our credit rebuilding issues have arisen from not getting mail/bills. We get about 30% of our mail at any given time. I've even had to have magazines sent by FedEx simply because they kept getting lost in the mail. :/


No I have DV'd the CA several times (3 times now) and they NEVER reply. I also asked EQ to verify and that is when it got deleted. The point being that the FCRA is VERY clear that any TL that is reinserted MUST be sent a letter within 5 days of the reinsertion. I know for a fact I never received such a letter. HappyDays maybe you or Sidewinder can weigh in?
Message 4 of 13
Senior Contributor

Re: please help with Equifax reinsert

You're next step might be to send them an ITS letter. It sounds as though it's warranted. Smiley Sad

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 5 of 13
Regular Contributor

Re: please help with Equifax reinsert



@Wonderin wrote:
You're next step might be to send them an ITS letter. It sounds as though it's warranted. Smiley Sad


I was beginning to wonder the same thing.....I think it is pretty clear cut...
Message 6 of 13
Moderator Emeritus

Re: please help with Equifax reinsert

If an account is deleted via dispute to the CRA- the re-insert rules come into play.
 
If you DV or dispute with the OC/CA they can remove and then re-insert AFTER they validate.
 
Yes- They MUST notify you within 5 days to re-insert, The funisher must certify the data, the CRA must prevent re-insert.
FCRA § 611(5)(B) Requirements Relating to Reinsertion of Previously Deleted Material

(i) Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph

(A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.

(ii) Notice to consumer. If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

(iii) Additional information. As part of, or in addition to, the notice under clause

(ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion

(I) a statement that the disputed information has been reinserted;

(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and

(III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information.

(C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)). 

Wonderin wrote:
Well, that depends ... if you disputed with the CRAs (as I understand it), they have to verify with the CA. The CA, legally, has all the time in the world to verify the account with the CRAs. Until they do, though, the TL has to come off.

It could very be that they DIDN'T verify for a while and it was deleted. But then DID verify and now it's back on. From what I've seen here, it happens a lot.

I think your best bet is to DV'em. If you haven't already done so. That I wouldn't know 'cause I've not seen any other post by you on that subject. :/


Message 7 of 13
Regular Contributor

Re: please help with Equifax reinsert

so Timothy as I read that either way I should have been notified and I was not. Or am I reading that wrong?
Message 8 of 13
Moderator Emeritus

Re: please help with Equifax reinsert

If you disputed with the CRA and they deleted- they MUST follow FCRA.

reno55 wrote:
so Timothy as I read that either way I should have been notified and I was not. Or am I reading that wrong?


Message 9 of 13
Moderator Emeritus

Re: please help with Equifax reinsert

I'm thinking, what if OP initiated a dispute. The CA/OC sees the info coming in from the CRA and the CA/OC decides to delete on their own. Technically, no info was provided to the CRA to honor the dispute request, therefore the dispute was never completed. CA/OC then re-inserts at a later date.
 
I'm probably wrong, but just a thought.
Message 10 of 13
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