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How to get EX not to use tapes


lisak72
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I disputed my repo with EX by phone the first time because I was trying to figure out why there was no drop-off date on these. They said they would check with the OC and find out. A few days later, it came back as verified! I called again and asked how it came back so quick and they told me that the OC sent a tape in which verified it. I thought they couldn't use this to verify and actually had to check with the OC?! I disputed this as not mine online and it came back in less than 5 days as verified again?!!!!

Should I do a PI on this? If so, does anybody have a sample PI letter? I really don't want to threaten law suit or anything yet since I still have a balance, was just hoping I could possibly get this dropped from at least one of the CRAs...

Any ideas here?

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<blockquote>Originally posted by lisak72

I disputed my repo with EX by phone the first time because I was trying to figure out why there was no drop-off date on these. They said they would check with the OC and find out. A few days later, it came back as verified! I called again and asked how it came back so quick and they told me that the OC sent a tape in which verified it. I thought they couldn't use this to verify and actually had to check with the OC?! I disputed this as not mine online and it came back in less than 5 days as verified again?!!!!

Should I do a PI on this? If so, does anybody have a sample PI letter? I really don't want to threaten law suit or anything yet since I still have a balance, was just hoping I could possibly get this dropped from at least one of the CRAs...

Any ideas here?

</blockquote>

FCRA, section 11 on the board.

(2) Prompt notice of dispute to furnisher of information.

(A) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph (1), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer.

(B) Provision of other information from consumer. 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 after the period referred to in subparagraph (A) and before the end of the period referred to in paragraph (1)(A).

===

Ok Lisa I'm going to step out on a limb here, and probobly get chewed out by SWEDE, but here it goes because I've had this question too,... BTW I'm trying to settle on a auto loan gone bad and trying to fix the old CR at the same time. .... a tought situation to deal with.

... so.

... I believe that the above mentioned paragraph states that if you put your dispute in writing then they can't check by tape, it has to get to the other PERSON on the other end.

.... What do you think?????

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Bumping,

SWEDE are you going to comment on this, I'm waiting for you response?????

.... Or anybody, I'm sure SWEDE will get to me soner or later

Basically, what I'm asking is if put your dispute in writing and ask for a person to verify the data, is the CRA "obligated"(....oh, there is that majic word) to send the dispute to the CA/OC and have a human check it out????

Yikes, LISA, I think you are going to have to contact the CA/OC.

... Maybe I'm wrong.

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Well, there's no way I'm contacting the OC on this, heehee! Can't afford to open up that can o' worms right now. My ex is supposed to be handling this and he is awaiting letter or whatever from the CA (ASSET....UGGGGHHH). They haven't found him yet and I haven't heard anything either.

I haven't tried this with EQ or TU yet, so I'm thinking I will just dispute first time with them by CMRRR as not mine...see what happens. I'll have to read up some more on all this to see what I can find. I just know there is a thread that had gone into the CRAs verifying by tape and could have sworn it said they had to contact the OC/CA even when they were still sending tapes in. I just don't know what the thread was about or where it was to be able to find it again. I'll let you know what I find out...if I find anything. Still hoping swede or somebody can at least help find that thread....We'll just keep bumping it until somebody else can chime in!

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<blockquote>Originally posted by lisak72

Well, there's no way I'm contacting the OC on this, heehee! Can't afford to open up that can o' worms right now. My ex is supposed to be handling this and he is awaiting letter or whatever from the CA (ASSET....UGGGGHHH). They haven't found him yet and I haven't heard anything either.

I haven't tried this with EQ or TU yet, so I'm thinking I will just dispute first time with them by CMRRR as not mine...see what happens. I'll have to read up some more on all this to see what I can find. I just know there is a thread that had gone into the CRAs verifying by tape and could have sworn it said they had to contact the OC/CA even when they were still sending tapes in. I just don't know what the thread was about or where it was to be able to find it again. I'll let you know what I find out...if I find anything. Still hoping swede or somebody can at least help find that thread....We'll just keep bumping it until somebody else can chime in!

</blockquote>

I think SWEDE doesn't want to talk to me anymore!!!

Anyhow, remember that a car is a secured debt and that even if you can get somebody at the CA/CO to lookup your info. it might trigger bad blood. I don't know what your situation is but you might rock-the-boat.

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I'm not sure if they still use them. But all creditors & collectors would send all the info for all their accounts to the credit reporting agencies on "tapes" every month. I would think that there must be a more practical way to send the info by now.

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Here is a letter I drafted. I did not use all the reasons availiable on it. So you need to amend it as necessary. It does threaten to sue and covers the situations on this thread. No one wanted to comment on it though.

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=1&thread=7638

It was drafted with Experian in mind.

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<blockquote>Originally posted by ADSOFT

My interpretation of this section:

(A) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph (1),

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<blockquote>Originally posted by BrassFan

<blockquote>Originally posted by ADSOFT

My interpretation of this section:

(A) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer in accordance with paragraph (1),

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<blockquote>Originally posted by ADSOFT

... After going through all of the above, it seems if there is an error on the tape or how ever they are reporting, then you're only way to repair it is to contact the OC. The CRA only has to maintain proper procedures under FCRA

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Brassfan,

What Lisak72 and I are trying to do is update our acccount w/o having to contact the OC/CA, we pretty much know at this point there is no way except to contact them.

We are trying to figure out a way to update w/o contacting the CA/OC!!!!!!!!!!!!!

We are looking for ideas!!!!!

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hey Timber....that's the post I was looking for! Cool! I knew somebody was talking about the tapes and whether they could or could not be used for verification.

So has anybody gotten adequate response from a PI done with Ex???? I know they just have somebody going, "Yup, OC sent in their tapes again...see there's yur proof, huh huh huh!". So, in order to get around this and actually get them to delete something, you have to get them on the technicalities and then threaten to sue them???

I hate court :mad: Guess, I'll just let this one rest for a while and try it again later.

Anybody know how long they keep sending tapes in after CO? Is everybody different on that? This is Household :o They'll probably keep reporting until it falls off!

Thanks for the great discussion Adsoft, Brass...everybody else!

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ADSOFT- don't be sad, I still want to talk to you..... There's nothing stating the manner in which the CRA must contact the furnisher unfortunately like Brassfan said and if they do it by tapes, I think that would hold up in court. I haven't seen a case yet talking about this.

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<blockquote>Originally posted by Swede

ADSOFT- don't be sad, I still want to talk to you..... There's nothing stating the manner in which the CRA must contact the furnisher unfortunately like Brassfan said and if they do it by tapes, I think that would hold up in court. I haven't seen a case yet talking about this.

</blockquote>

I agree with everything you just said, I'm sure it will hold up in court. The way the FCRA reads, the CRA'S are only obligated to maintain proper procedures, not obligate the OC/CA to correctly display data as mentioned in some contractual agreement.

What LISAK72 and I are trying to do is have our data updated correctly and not contact the OC otherwise they might start playing hard ball with use, they OC'S own the PINK-SLIP to our car. But, It looks like that is not possible, by pushing the TAPE VERIFICATION method.

Thanks for the input.

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