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TransUnion & their "Frivolous" Letter


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Two weeks ago I sent a letter to Transunion requesting full verification of the process used to verify a negative TL with Fleet Credit Card. The account was closed by the creditor in 2000 and last activity date is 1999. Now the accounts shows 30, 90, 120 days late troughout 2003.

Transunion verified the TL info two months ago and now on their reply to my letter the are telling me: " Our records show that your creditor previously verified as accurate the item. Therefore, under the FCRA, we consider this dispute frivolous and will not reinvestigate the item unless you can provide court papers or a recent authentic letter from the creditor that explains what information should be updated.

Do I have any rights? What's the next step?

Thanks to all!

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I would send them another letter letting them know that you did NOT ask for a re-investigation but the procedures used to verify the account. Let them know that per the FCRA you can ask for it and they are required to provide it.

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(6) Notice of results of reinvestigation.

(A) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

(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.

(7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)(B)(iii) by not later than 15 days after receiving a request from the consumer for that description.

Chances are you will get another BS form letter back. Then you could send an ITS letter and go from there. Sometimes TU will fold & just delete the tl after getting an ITS, but don't send it if you are not prepared to follow through. By sending them a 2nd letter before an ITS you are adding to your paper trail. If it gets to a judge then you will have enough to show that you attempted to work it out.

Also, be sure to include in your 2nd letter, a copy of the 1st letter & green card along with a copy of the letter they sent you. You might want to highlight the 1st letter where you asked for the procedures.

Good luck!

paw67

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ITS = Intent to Sue

It's a letter outlining the violations of the law and telling them they have a few days to correct their mistake or be sued for civil damages which can range from $100 to thousands of dollars (depending upon the severity of the violations).

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