Trying*Hard Posted December 20, 2004 Report Share Posted December 20, 2004 I did an online investigation on 10/25/04, on their website it stated estimated completion date 11/22/04. I hadn't heard anything, tried emailing twice, both responded back saying to call during normal business hours. Finally, broke down and called, the little guy that answered the phone stated the "something must be wrong with the postal service, the updated credit report was mailed out on 10/02/04," I asked how could you send out a updated report before I put the dispute in I informed him that was the original credit report that was mailed on 10/2/04, then he stated that the updated report was mailed on 11/22/04, I said that I haven't received it, he said he can send out one to me now, I said how could you send out a report when you are still investigating he said again it was completed on 11/22. I said well on your website it is states:Confirm.# Date Invest. Estimated Completion Date xxxxxxxxxx 10/25/2004 11/22/2004 The investigation request(s) displayed above is awaiting a response from the creditor, courthouse, and/or other source that reported the item(s) originally.Equifax verifies all credit account, public record, and collection account information with the original sources when you initiate an investigation request. This verification process can take up to 30 days from the date your investigation request was initiated. Investigations because of your FACT Act free disclosure may take up to 45 days.I told him that how could you have sent out a updated report if you are still investigating. He apologized and said he will send out one now. I told him no, that i wanted the items i investigated deleted. He said that he can put in a reinvestigation, I informed him that I didn't want a reinvestigation. What is my next step? Link to comment Share on other sites More sharing options...
workinninetofive Posted December 20, 2004 Report Share Posted December 20, 2004 Maybe someone else with more experience will chime in... but that is exactly why you don't call them up. I don't know if there is much you can do if he extended the investigation (and he may have). That's an automatic 15 days Link to comment Share on other sites More sharing options...
luckyduck Posted December 21, 2004 Report Share Posted December 21, 2004 Investigations because of your FACT Act free disclosure may take up to 45 days. The law gives them 30. Who the hell are they to say that because you are utilizing the laws, they are allowed to give themselves an extra 15 days. That is in writing?? They are peaved because they're not making as much money because of FACTA, and taking it out on people by just giving themselves an extra 15 days. The ONLY thing that can allow them 15 extra days is receiving more information, regardless of whether the report is free.That statement needs to be reported to the FTC. Link to comment Share on other sites More sharing options...
Gryffindor Posted December 21, 2004 Report Share Posted December 21, 2004 Luckyduck: That statement is now a part of the FCRA (thanks to FACTA). It is legit and correct (unfortunately). Link to comment Share on other sites More sharing options...
luckyduck Posted December 21, 2004 Report Share Posted December 21, 2004 OOPS! I guess I missed that part of the Act. Every time you read soemthing that long and complicated you learn something new though. Thanks for pointing that out. Link to comment Share on other sites More sharing options...
Trying*Hard Posted December 21, 2004 Author Report Share Posted December 21, 2004 Maybe someone else with more experience will chime in... but that is exactly why you don't call them up. I don't know if there is much you can do if he extended the investigation (and he may have). That's an automatic 15 daysThere is nothing else to investigate, he even gave me the rusults of the investigation over the phone, he stated that the investigation was complete on 11/22/04, they just failed to mail out the updated report and they also failed to update their website. I am fairly new at this, but doesn't that mean automatic deletion. Link to comment Share on other sites More sharing options...
luckyduck Posted December 21, 2004 Report Share Posted December 21, 2004 They have 30 days to investigate and 5 days to get you a report. If they completed the investigation in 30 days and didn't update, that doesn't get automatic deletion. It's only if they didn't get verification within 30 days. Yeah, they screwed up, by not updating/sending you a report in time, but not much you can do if they really did have the verification completed within 30 days.If you want to fight it, then dispute whether the investigation really was completed Nov 22. Did you print the dated webpage as proof that it said it was not complete past that date? That would be a start. What did he say the results were. Link to comment Share on other sites More sharing options...
Trying*Hard Posted December 21, 2004 Author Report Share Posted December 21, 2004 yes, i printed the page that's all i have as proof that they were still waiting for verification. as for the results: 2 deletions and 8 verified. Link to comment Share on other sites More sharing options...
luckyduck Posted December 22, 2004 Report Share Posted December 22, 2004 He apologized and said he will send out one now. I told him no, that i wanted the items i investigated deleted. He said that he can put in a reinvestigation, I informed him that I didn't want a reinvestigation. Okay, so you said you did not want an updated report, and that you did not want another investigation? Did you get them to do anything, or is everyone just sitting on this?They didn't send you an updated report within 5 business days of completing the investigation. You could sue them as it stands.But I still don't think you can get deletions, unless you can prove that they didn't verify the information within 30 days.I would suggest requesting the report, and doing a PR on them. Getting the report now doesn't relieve them of liability for not sending within 5 days.Most likely, they'll just send you the same crap they send everyone. Once they do that, nail them for not sending you a report within 5 business days, and for not responding to the PR. Add that they didn't do an investigation, the information was not verified, and demand deletion. If they can't tell you how they verified, then they haven't shown you that they did verify, and a claim that they didn't delete unverifiable information would not be frivolous.Use this in an ITS, and if they don't delete, file suit#1- one allegation for each TL stating that they did not send the dispute to the furnisher within 5 days (up to 10 TLs) 611(a)(2)(A). #2 - Failure to consider consumer information relating to the dispute within 30 days (tp to 10 TLs). 611(a)(4)#4 - failing to delete or modify information withing 30 days (up to 10 TLs) 611(a)(5)(i)#5 - failing to provide you notice of the results of the investigation 611(a)(6)(A)#6 - failing to provide you a statement that the investigation has been completed 611(a)(6)((i)#7 - failing to provide you an updated report 611(a)(6)((ii)#8 - failing to provide you a notice that you can request a description of the procedure.... 611(a)(6)((iii)#9 - failing to provide you a notice that you have a right to add a statement 611(a)(6)((iv)#10 - failing to provide you a notice that you can have them send the new info to creditors who obtained your credit report 611(a)(6)((v)#11 - refusal to respond to a PR within 15 days (10 tls). 611 (a)(7)That's a lot of violations when you apply to applicable ones to each TL..So, get the report, do a PR, wait for their half response, send ITS demanding deletion, if no deletions, then sue. Link to comment Share on other sites More sharing options...
Trying*Hard Posted December 22, 2004 Author Report Share Posted December 22, 2004 Thanks for the info, when i had spoken with them yesterday, i asked to speak with a supervisor and i was hung up on, I didn't bother today, so i guess i was just not sure of what my next move would be, but now i know, thanks alot. Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted December 22, 2004 Report Share Posted December 22, 2004 Luckyduck: That statement is now a part of the FCRA (thanks to FACTA). It is legit and correct (unfortunately). How is that? What exactly, in your own words cause Im 'slow' heh, did it change? Link to comment Share on other sites More sharing options...
luckyduck Posted December 22, 2004 Report Share Posted December 22, 2004 Boo Hoo, no more copy and paste cause it's in PDF. Here's the revised act.http://www.ftc.gov/os/statutes/031224fcra.pdfThe extra time is not in the dispute section. It's in the free copy section:612(a)(3) Link to comment Share on other sites More sharing options...
Andyt293 Posted December 22, 2004 Report Share Posted December 22, 2004 I thought the 45 day rule applies only if you get a free annual report. That if you paid for or were otherwise entitled to a report (credit denial, etc) that the dispute timeline was 30 days. Link to comment Share on other sites More sharing options...
Andyt293 Posted December 22, 2004 Report Share Posted December 22, 2004 I thought the 45 day rule applies only if you get a free annual report. That if you paid for or were otherwise entitled to a report (credit denial, etc) that the dispute timeline was 30 days. Link to comment Share on other sites More sharing options...
luckyduck Posted December 23, 2004 Report Share Posted December 23, 2004 It is only the annual report.subsection 612(a)(3) applies to the "subsection" 612(a), not to the entire 612 section. So, it only applies to the free annual report. Link to comment Share on other sites More sharing options...
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