Method of Verify letter leads to re investigation letter.

[brainded]

1 - Sent dispute to Equifax CMRRR
2 - Results came back "verified"
3 - Sent letter specifically stating method of verify letter (611a7) and "please do not interpret this as a request for further investigation"
4- Today i get a "results of re-investigation" letter.

In the letter it says "The results are: Per your request this is the information we have available for contacting this credit grantor. " Nothing about what methods were specifically used to verify this account they claim is mine..

I'm thinking I need to send another CMRRR reminding them of the law and they need to tell me HOW they contacted them and WHAT was used to come to this conclusion?

[brainded]

I'm going to fire this off... Just wrote it.. I'm a little ticked.. So I will wait a day and see if you think I am being hasty first.


I recently sent a request to you for the purpose of determining how you came to the conclusion that particular accounts were “verified” after I disputed them. In that letter, that I have included a copy of, I specifically requested to know “THE METHOD AND DESCRIPTION of reinvestigation procedure you utilized.” I even stated “I request identification of any information that you choose not to forward to the creditor, what you did choose to forward, and whether you used the automated E-Oscar process. “

No where in your return letter to me, I included a copy, did you come close to answering these questions. Simply listing the address and phone number of the credit grantor does not explain what relevant information was used to determine the accounts accuracy. I’m sure you are aware that by failing to do provide me with this information you are breaking the law.

Please reconsider your actions and send me the information I have requested or delete the accounts from my report. For your convince I have listed the laws pertaining to this matter and AGAIN request that you send me all relevant information that you received from the credit grantor in this dispute. Also, I want a description of the procedure used to determine the accuracy and completeness. If you’re not able to comply with my request, you need to delete this inaccurate listing from my credit report. I will not tolerate my rights being violated by you.

FCRA 611 (a)(6)(iii)
“a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;”

FCRA 611 (a)(2)(B)
Provision of other information. The consumer reporting agency shall
promptly provide to the person who provided the information in dispute all
relevant information regarding the dispute that is received by the agency
from the consumer or the reseller after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A)

[1stStep]

I'll bet that they will deem your correspondence as frivolous...meaning you'll have no choice but to sue.

[brainded]

Originally Posted by 1stStep

I'll bet that they will deem your correspondence as frivolous...meaning you'll have no choice but to sue.

There really is nothing to claim as frivolous... Any claim I made in the above letter I attached supporting documentation. In the original dispute I kept my claim of inaccuracy broad and attached supporting documentation..

Really, I don't understand why you think that.. All I'm asking is that they follow the law... If they do and I am wrong in assuming they never contacted the original creditor, then I will turn my efforts toward them. I can't 623 without first asking Equifax to do their job.. Right?

What would you suggest then?

[1stStep]

Originally Posted by brainded

There really is nothing to claim as frivolous... Any claim I made in the above letter I attached supporting documentation. In the original dispute I kept my claim of inaccuracy broad and attached supporting documentation..

Really, I don't understand why you think that.. All I'm asking is that they follow the law... If they do and I am wrong in assuming they never contacted the original creditor, then I will turn my efforts toward them. I can't 623 without first asking Equifax to do their job.. Right?

What would you suggest then?

It was my experience with Equifax and Experian...

You disputed - they verified - you sent MOV. At this point, you should also send a 623 letter to the data furnisher as well...



***
BTW- my experience with EF and EX led me to sue them for FCRA violations...

[brainded]

Originally Posted by 1stStep

At this point, you should also send a 623 letter to the data furnisher as well...

Will do.. I was thinking I would wait until after I sent this 2nd MOV letter since they never disclosed a method.

Maybe I will just give it a few days after sending this one...

So what if they mark it as frivolous? Does it really affect anything? My score?

[1stStep]

It will not affect your score, but it leaves you only 1 option - filing suit.

[brainded]

Originally Posted by 1stStep

It will not affect your score, but it leaves you only 1 option - filing suit.

So a 623 won't work?

[1stStep]

The 623 is sent to the entity reporting...it could work, it may not work. It's really a crap shoot.