hunter7155 Posted October 10, 2003 Report Share Posted October 10, 2003 Hello All,I have a question regarding reinsertion. Items were reinserted without given me the 5 day notice. Now when I called the CRA they said that they only have to send the results of the investigation within 5 days not send anything letting you know of reinsertion. I really need to know the deal with this since I have a court date set for this very reason and I don't want to look like an aZZ! Link to comment Share on other sites More sharing options...
LadynRed Posted October 10, 2003 Report Share Posted October 10, 2003 The CRA is handing you a ration of crap !FCRA says they must notify within 5 days of the reinsertion:§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i](a) Reinvestigations of disputed information.(1) Reinvestigation required.( 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 theconsumer reporting agency unless the person who furnishes theinformation certifies that the information is complete andaccurate.(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 noticeunder clause (ii), a consumer reporting agency shall provide to aconsumer in writing not later than 5 business days after the date ofthe reinsertion(I) a statement that the disputed information has beenreinserted;(II) the business name and address of any furnisher ofinformation contacted and the telephone number of suchfurnisher, if reasonably available, or of any furnisher ofinformation that contacted the consumer reportingagency, in connection with the reinsertion of suchinformation; and(III) a notice that the consumer has the right to add astatement to the consumer's file disputing the accuracyor 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 ((i)).They blew it.. you have them on violations !! Link to comment Share on other sites More sharing options...
Swede Posted October 10, 2003 Report Share Posted October 10, 2003 I have a question regarding reinsertion. Items were reinserted without given me the 5 day notice. Now when I called the CRA they said that they only have to send the results of the investigation within 5 days not send anything letting you know of reinsertion. I really need to know the deal with this since I have a court date set for this very reason and I don't want to look like an aZZ!The FCRA is pretty clear on that, nice try on their behalf though.... 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i](a) Reinvestigations of disputed information. (5) Treatment of inaccurate or unverifiable information. ( 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. Link to comment Share on other sites More sharing options...
Swede Posted October 10, 2003 Report Share Posted October 10, 2003 The CRA is handing you a ration of crap !Oops, too slow......... Link to comment Share on other sites More sharing options...
hunter7155 Posted October 10, 2003 Author Report Share Posted October 10, 2003 Thanks guys, I figured that they were SOS (Stuck on Stupid) I have already dropped Kicked Wolpoff and Abramson now it's time for me to put the boot up EQ. Link to comment Share on other sites More sharing options...
Swede Posted October 10, 2003 Report Share Posted October 10, 2003 Thanks guys, I figured that they were SOS (Stuck on Stupid) I have already dropped Kicked Wolpoff and Abramson now it's time for me to put the boot up EQ.LOL, cute, I added that to the abbreviations page......check it out http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?p=25489#25489 Link to comment Share on other sites More sharing options...
kb9tbq Posted October 10, 2003 Report Share Posted October 10, 2003 SOS - Stuck on Stupid. Frequently witnessed phenomenon occurring predominantly at EQ (in Swede’s opinion) but by no means absent at TU and EX LOVE IT, LOL Link to comment Share on other sites More sharing options...
Swede Posted October 10, 2003 Report Share Posted October 10, 2003 LOVE IT, LOL hehe..... I hate EQ more than anything......... Link to comment Share on other sites More sharing options...
vonniegirl Posted October 10, 2003 Report Share Posted October 10, 2003 Experian is on my hit list and in my scope to take out at will Link to comment Share on other sites More sharing options...
Kylie Posted October 15, 2003 Report Share Posted October 15, 2003 I've come across a reinsertion and called EQ about it but they wouldn't remove....said it was scheduled to drop off my reports in '05 (big deal)....so exactly how do I enforce having them remove it? Link to comment Share on other sites More sharing options...
Swede Posted October 16, 2003 Report Share Posted October 16, 2003 I've come across a reinsertion and called EQ about it but they wouldn't remove....said it was scheduled to drop off my reports in '05 (big deal)....so exactly how do I enforce having them remove it?Well they're breaking the law- they HAVE to inform you of it....I'm going thru the same thing with EQ right now, they reinserted a JC Penney account that was deleted last year. I got an answer back from Lanette at EQ after emailing Robin HOlland. Lanette told me that it's not a reinserted account but a new account because they account number and type of account is different. The only different thing is the account number is missing the first and last digits and the type of account has been reported in the past as both revolving and installment. I sent a fairly nasty letter back saying remove it or we'll see you in court- you never notified me of the OBVIOUS reinsertion. I'll let you know what happens but in the meantime, try emailing Robin, here's her contact info http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9030&highlight=robin Link to comment Share on other sites More sharing options...
shaunasd Posted October 16, 2003 Report Share Posted October 16, 2003 Not meaning to hijack the thread, but what sort of response time should one expect from Robin? I emailed two days ago and nothing but silence. Link to comment Share on other sites More sharing options...
Swede Posted October 16, 2003 Report Share Posted October 16, 2003 Not meaning to hijack the thread, but what sort of response time should one expect from Robin? I emailed two days ago and nothing but silence.I'd email her again. Say you want to make sure she got your email. I initially heard back after a few hours, my second email was yesterday and nothing but silence but they put the item in dispute - which is NOT what I'm looking to do but I'll give her a couple of days. Link to comment Share on other sites More sharing options...
admin Posted October 16, 2003 Report Share Posted October 16, 2003 It's called willful non-compliance with the FCRA and under section 616, you're entitled to fines of $100 to $1000 plus court costs..... Link to comment Share on other sites More sharing options...
Kylie Posted October 25, 2003 Report Share Posted October 25, 2003 Swede, did you ever get resolution to your JC Penney reinsertion? Link to comment Share on other sites More sharing options...
Swede Posted October 27, 2003 Report Share Posted October 27, 2003 Swede, did you ever get resolution to your JC Penney reinsertion?None yet- they put it in dispute and that's where we're at. I'm sending Dixie's CYA letter to JCP and after that, EQ is getting an ITS. Link to comment Share on other sites More sharing options...
hunter7155 Posted October 27, 2003 Author Report Share Posted October 27, 2003 I took EQ to court and I settled with them instead of putting it before the judge. One thing that I notice while I was waiting for my case to come up is that you have to prove damages. Don't just say they violated the FCRA, make sure that you can show damages that the reinsertion caused. Link to comment Share on other sites More sharing options...
Swede Posted October 27, 2003 Report Share Posted October 27, 2003 I took EQ to court and I settled with them instead of putting it before the judge. One thing that I notice while I was waiting for my case to come up is that you have to prove damages. Don't just say they violated the FCRA, make sure that you can show damages that the reinsertion caused.Yea that's a great point, I will think about that. When you filed, did they freeze your report? Link to comment Share on other sites More sharing options...
hunter7155 Posted October 27, 2003 Author Report Share Posted October 27, 2003 Yes they did. I called them to tell them to release my report. They had me on hold for 20 mins. Then the lady came back and said that another department is handling my file. I'm taking them to court again, but this time it's going before the judge. Link to comment Share on other sites More sharing options...
Swede Posted October 27, 2003 Report Share Posted October 27, 2003 Yes they did. I called them to tell them to release my report. They had me on hold for 20 mins. Then the lady came back and said that another department is handling my file. I'm taking them to court again, but this time it's going before the judge.I'm sorry, I just notied that you had already started a thread on this and that I had adviced you to contact Mr. Szwak. Sorry, can't keep track of it all...... Link to comment Share on other sites More sharing options...
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