x2sdavis

Still getting Previously Investigated from EX

Recommended Posts

I have been work on this since March 2004. And all

EX keep sending is Previously Investigated. After they recieve my letter,

in about 4 day, I get the Previously Investigated letter. Where do I go from here.

Here is a copy of the last letter I sent. What am I doing wrong?

At a stand still.

Re: Account Capital One Bank

Account CBUSears

Account Homecoming Financial

To Experian,

I am not asking for a reinvestigation to be done. This

is a request for deletion of disputed items. I have

attempted to have this inaccurate and incomplete

reporting verified by Experian to no avail. I am respectfully

requesting that Experian, do what is legally mandated by the FCRA and delete the above mentioned account from my consumer file.

On May 11, 2004 Experian received a notice of dispute from me (enclosed as “Letter 1”) resulting in Experian advising methat the account had been verified. (enclosed as“Letter 2”)

On June 14, 2004 Experian received a notice requesting the procedures used to verify the information (enclosed as “Letter 3”), so that I could

duplicate your results (as allowed by the FCRA section

§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]). This section spells out exactly what must be sent to the consumer (me). I am inclosing the response from Experian to my procedural request (enclosed as “Letter 4”). As you can see, Experian did not meet these requirements mandated by law.

The FCRA states that information reported must be accurate and complete; updated and verifiable. It also provides a dispute mechanism initiated by the consumer through the consumer reporting agency.

As detailed above, I have disputed the information for

the referenced account, with Experian. I have exhausted all recourses provided for resolution of erroneous information and still the

information remains on my consumer report.

The FCRA provides a cause of action for an individual

consumer as well as penalties and liabilities for both

consumer reporting agencies for non-compliance as

violations of its provisions.

It is evident that the information reported cannot be

verified and therefore must be deleted as required.

When a debt is disputed under either mechanism, a

notation must be entered on the debtor's report

showing the item as in dispute. Again, this was not

done and is a further violation of the FCRA.

Pursuant to the FCRA, if no proof of debt exists and

the information reported is not verifiable, it may not

be furnished to the consumer reporting agencies nor

reported by them. The FCRA also states that consumer

reporting agencies must accept written proof from the

debtor.

§ 611. Procedure in case of disputed accuracy [15

U.S.C. § 1681i]

"(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."

Paragraph (6)(B)(iii)

"(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;"

Therefore, I am not asking for a reinvestigation to be

done, I am requesting that the entry be deleted in its

entirety as there is no proof of its existence and the

information presently reported is not verifiable, as

evidenced by my attached documented proof.

I look forward to your response. I am enclosing copies

of all correspondence I have referred to in this

letter. If you decline this offer of settlement, I

will seek the full amount available in county court

and a court order from the judge ordering that the

information be removed.

I will be seeking to obtain a mortgage in the near

future. If this invalid credit report information

forces me to pay a higher interest rate than I would

otherwise, I will be filing a new lawsuit against you

for the difference in payments over the life of a

thirty-year mortgage. Such damages could exceed

$100,000 if the interest rate would be just a couple

of percentage points higher than it should be with a

correct report.

Please do the correct thing and resolve this issue

now. It will save everyone an enormous amount of time

and expense that could and should be avoided.

Best regards,

Link to post
Share on other sites

First off did you mail all your letters certified with a green card and do you have copies of all your letters as well as Exp responses to your letters.

If you do then I think you have got them in a wilfull/negligent non compliance violation if anything and probibly some FCRA violations under Section 611 (A) (1) (a) and (5) (a). I would try one more draft of a really great intent to sue letter and send it off ceritified with copies of all your supporting evidence, including copies of all the certified mail reciepts and green cards.

Give them 20 days from thier receipt of your letter to respond, if they still screw around take them to court, they deserve it by this time.

I mailed my intent to sue letter a week ago and am waiting to see what they do. If they don't take me seriously I am going to small claims with four violations against them.

Oh ya, in your intent to sue letter don't forget to tell them that you are going to file a formal complaint against them with the FTC and the BBB. That is what I did in my letter. I too was getting jerked around with the previously investigated crap and got tired of it.

If none of this gets thier attention sue thier asses off for all of us they do this kind of thing too.

This is just my opinion and I am sure someone in here can give you some great advice.....................Good luck

Link to post
Share on other sites
Guest
This topic is now closed to further replies.