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Have a hypothetical question


karmicways
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Say for instance, you dispute some items on your Equifax report on 4-15-03. On 4-30-03, you dispute some totally different items that you realized shouldn't be on there. On 5-23-03, you call and tell them that there are also addresses on your report that shouldn't be there and they say they will investigate.

What is the first day you should receive an updated copy of your credit report?

Equifax is saying that I won't get one until the VERY last item is finished being investigated. I say that the first one should come 30 days after the first dispute. Show, 5-15-03 the first disputes should be up and I should get one within 5 business days, by 5-22-03. But they won't budge. They keep telling me that I won't get one until the end of June for items that were disputed in mid-April.

The deal is, if something gets deleted and while I can see that on PG, I don't have an actual EQ report to have proof. If something shows back up and I'm not notified in the time frame allotted by law, I have no leg to stand on.

Can I push this?

[Edit by karmicways on Wednesday, June 4, 2003 @ 09:26 AM]

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<blockquote>Originally posted by karmicways

...Can I push this?</blockquote>

Indeed, this is hogwash ! TU tries to use the same lame tactic.

FCRA says they have to resolve in 30 days. The other disputes are unrelated ! FCRA says they can extend 15 days if you provide new info. relevant to the dispute in progress before the 30 days are up. They're trying to behave as if your 3 disputes are 1!

I would write to EQ and tell them since they haven't resolved the dispute in 30 days, they must delete !

Don't make ANY mention of the other disputes !

[Edit by crofttk on Wednesday, June 4, 2003 @ 09:56 AM]

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I don't believe (and I'm not certain) that the issue is with the investigation. Whether the investigation is over or not, I can't get a new report until ALL investigations are over.

Say their first investigation is over (from 4-15), can they refuse to give me my new report? Even if there are no changes - don't I get a new report that says that there are no changes?

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FCRA says they have to complete the investigation within 30 days after they receive the dispute from you, verify to you or delete the item in dispute, send you notice of the dispute results AND an updated report which reflects the outcome of the dispute.

Allowing for your time mailing the dispute (5 bus.days), the 30 calendar days allowed, and their mailing time back to you (5 bus. days) the report reflecting the results of your 4/15 dispute should have been in your hands by end of May, barring any screwup on USPS's part. Period.

See Section 611 of the FCRA here:http://www.ftc.gov/os/statutes/fcra.htm#611

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If you need proof that an item was deleted and it would make you feel better if you had it, bite the bullet and order your report from them. I know it sucks, but it may just give you peace of mind. At least you have it on record with PG, for what that is worth.

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BTW, I've read a lot recently about TU doing this kind of stuff as a stall tactic, assuming it will work on us poor ignorant consumers.

I don't recall EQ being posted about as much recently but I believe they have also been know to try these kind of shenannigans, if not having actually invented them !

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Well, I had been subscribed to the free 30 day Credit Watch thing.. but I cancelled it today so that I don't get charged $80.

I can still monitor my credit on PG, which I have found recently to be pretty darned accurate. At first, things are so confusing that it doesn't seem accurate at all. But once things are disputed and are deleted, I see that information reflected on PG.

However, I just realized that something was deleted from my first round of disputes on 4-15. I hadn't really noticed it before as I went at this in the beginning kind of nilly willy and lost track. I have since organized everything. While I can print that information off on the website at the moment, I want to have that actual report in my hands.

I'm currently on hold with CSC (An Equifax Affiliate) to see why they didn't send me that. I'm sure they will say that it's because there are other investigations in place, but like someone here said.. as long as they don't have to do with that particular dispute, they can't extend the time period. I have the laws in front of me now and will be quoting the following information:

(B) Contents. As part of, or in addition to, the notice under subparagraph (A), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph (A)

(i) a statement that the reinvestigation is completed;

(ii) a consumer report that is based upon the consumer's file as that file is revised as a result of the reinvestigation;

(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;

(iv) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information; and

(v) a notice that the consumer has the right to request under subsection (d) that the consumer reporting agency furnish notifications under that subsection.

So, no matter if anything was verified or deleted, they should still have sent something in.

While I have you here, isn't there something written in the laws somewhere that say that the CRAs can't have unusually long wait times?? Twice now, after holding for 10 minutes, the lady comes back on saying that they are too full to take any calls and to call back and then hang up on you.

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<blockquote>Originally posted by karmicways

...went at this in the beginning kind of nilly willy...</blockquote>

Wow ! That sounds worse than going at it "willy nilly" ! :D :D

Looks like you're latching onto Sect 611 pretty well !

I think there is something, perhaps even in FCRA, that says they have to have systems and staffing adequate to handle consumer's needs. Howevfer, I don't believe it gets specific about being able to hold or having less than a certain number of minutes wait. I think it calls for something "reasonable" as FCRA tends to do and leave it up to FTC/courts/juries to determine reasonable.

Perhaps that requirement is why CRAs have higher odds of blowing your dispute off by deleting during the C.H.O.D. periods.

[Edit by crofttk on Wednesday, June 4, 2003 @ 12:20 PM]

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LOL! See! That's me.. always backwards at everything I do. My boss calls me a "dizzy blonde" all the time, which is actually true as I have some weird vestibular problem that causes me to have bouts of vertigo with movement. :)

Anyway, I just got off the phone with CSC. They say that they need proof of my current address. Once I fax that over to them, it will take 3-5 business days to get that updated in the system, and then they have another 5 days to get that report out to me. Doesn't sound very fair, but I guess that's the best I can do.

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Oh no! Don't talk about karma! I am the world's greatest believer that you get what you give. I'm so afraid of bad karma that I won't even try to pass an expired coupon through the grocery checkout. I'm sooooooooooooo afraid of beating this credit mess with the "not mine" tactic, I keep thinking I'm putting really bad karma on myself.

Bad karma (and a few minor decision making problems) is what got me into this mess to begin with.

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