PROVIDIAN REINSERTION

[hotdami812]

Hello all, havent been on the board in a long time. I am happy to report that I have been able to due to much diligence finally obtain a score above 600 it is now 679 and my dh is 701 yaaaay. all this hard work pays off. now for the problem, I was able to remove an old providian account 2 years ago, it has now reappeared on my equifax and trans union and these jerks no matter how hard you dispute they constantly send back that infamous "item has been verified". I sent the CB a letter pointing out the reinsertion process from the FCRA, they of course ignored it. the account is now 4 years old, I need to slam the CB on the reinsertion any one have a different letter I could use?

[ec61975]

I had a similar situation with a CA, I sent a letter to CA, CB,ATG in all states that applied, BBB in all states that applied. Stating that the Item was deleted, and reinserted and that they were in violation of the FCRA section 611, sub-section (a) Paragraph (5) sub-paragraph (ii) and (iii) and Paragraph © for not informing me withing 5 days of reinsertion. and other stuff. I will cut and past the letter I wrote minus who it was too, and any personal info. But I had a response back from the CA saying they would delete before I got the 4 CMRR back from the 4 CMRRR's that I sent out.

To:

Experian

475 Anton Blvd.

Costa Mesa, CA 92626

(714) 830 7000

Experian

955 American Lane

Schaumburg, IL 60173

(847) 517 5600

XXXXXX

Collection Company XXXXX

XXXXXXX

XXXXX,XX 00000

(800) 888-8888

XXXXXX

Collection Company XXXXX

xXXXXXXX

XXXXXX, XX 00000

C.C. Washington State Attorney General, Better Business Bureau of the Southland, Better Business Bureau of Chicago & Illinois, BBB Serving Eastern Massachusetts, Maine & Vermont, Better Business Bureau of Oregon and Western Washington, Federal Trade Commission

RE: Violations to Fair Credit Reporting Act by Collection Co and Experian

Included is a formal request for the removal of the Collection Company Collection account from my Experian Credit report, along with the reasons as to why it should be removed from said report.

If you need to view a copy of the Fair Credit Reporting act you may view it in its entirety at http://www.ftc.gov/os/statutes/050131fcra.pdf

I have includes copies of my Drivers licence, Social Security Card, and Concealed Weapons Permit for the State of Washington to verify my identity.

Please Reply by mail to

XXXXXXXXXX

XXXXXXXXXXXX

Seattle, WA 98000

In 2004 I disputed the Collection from Collection Company XXXXXXX regarding a XXXXXX account. It was subsequently not Verified and removed from my credit report. Monitoring my credit report through purchases of my report, I later found that the collection from Collection Company XXXXXXX had been re-reported on to my credit bureau. I called Collection Company XXXXXXXX and was assured that it was not them that re-reported it to my credit bureau, That I was showing a Zero balance and the account was marked Deleted, and should not be showing on my credit report. The instructed me to re-dispute the Item with Experian and that it would again be removed.

I followed the company’s instructions, and re-disputed the information with Experian Information services through their web site at www.experian.com. I was subsequently informed that the information had been verified and would remain on my credit report. I started calling Collection Company XXXXXXXX to find out why it had been verified and had not come off of my credit report. I was then told to r-dispute the information again with Experian.

I asked why I should have to re-dispute and item that I was told was not going to be verified the first time, and I would rather handle it through Collection Company of America. Personnel there told me that there was nothing that they could do, and that I needed to re-dispute the information. I then asked to speak to a supervisor, and was told that she told me just to dispute the information with Experian, and that she would not talk to me.

I Once again called Experian, to find out how they had verified the information they had received, but would give me no answers as to how they verified my dispute. I asked to speak to their supervisor, and they instructed me that they would like to try and help first. I tried to allow them to try to help me, but they were just trying to file a new dispute for me. I once again asked for a supervisor, and was told that they were at lunch. I asked when the Supervisor would be back, and was told they didn’t know. I asked to speak to they supervisors supervisor, and was told that he was unreachable. I asked to speak to whoever was in charge at that moment since the supervisor was at lunch, and his supervisor was unavailable. Was then told that nobody would help me, and they would convey the message and I should receive a call back in 24 – 48 hours.

After receiving multiple inadequate responses from many different people at both companies, I called XXXXXX VP of XXXXX for Collection Company XXXXXX. I explained to her that I had disputed and Item from her company, and that it had been removed, but then was subsequently, re-reported on my credit bureau. She told me that there was no way that it could be removed, and that it was going to stay there. I asked her how they certified that the information was accurate and she proceeded to inform me that even if it was deleted that they could re-report it after it had been deleted automatically on their next tape, and that it would just show up again. I tried to explain to her that that was not the case, and according to the Fair Credit Reporting Act Section 611, Sub-section (a), Paragraph (5) Sub-paragraph ( bullet (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.

She called XXXXXXXXin her compliance department into a conference call, and informed me that I was just looking for a loophole, and that I did not understand the Fair Credit Reporting Act, and that if I was that adamant, that I should contact an Attorney. I do not consider a loophole plain text written in black and write, but something that is implied, but not written. Everything that I am stating is directly from the Fair Credit Reporting Act.

The other Violation under the Fair Credit Reporting Act that has occurred on the same account would be with Experian Information Services. I contacted them, informing them that the information had been deleted once and re-reported to my credit report. That I was asking how it was certified, and why I was not notified. I was told that they were not required to inform me that the information had been placed on my bureau once again, but they would be happy to dispute the information for a third time, even though Collection Company XXXXXXX had verified the last dispute. This is a violation of the Fair Credit Reporting Act Section 611sub-section (a) Paragraph (5) sub-paragraph (ii) and (iii) and Paragraph C

(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.

© 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)).

I never received any information from the credit reporting agency through the mail, or other service that the information had been placed into my file again. I have lived at the same address for over 2 years, the entire time that this ordeal has been going on. I also forwarded my mail from my previous address, but that has no relevance due to the fact that this has all taken place while I have lived at my current address.

I would like this Item permanently removed from my credit file, as it has been deleted from my credit file once, and then re-inserted. As stated under the Fair Credit Reporting Act this fall under unfair or deceptive act or practice Section 621 sub-section (a) Paragraph (1)

I would like this situation resolved, as I would rather not have to retain an Attorney and extend this out any further than needed, as that would result in additional costs on every party’s part, and causing me to have to endure higher rates for decisions based on my Experian credit file.

Thank you for you Assistance,

XXXXXXXXX

[hotdami812]

ec,

the original creditor is reporting, not a CA, plus the account was sold so, how in the h*ll can the CB verify something the creditor no longer owns. I will put your letter together and see what happens. thanks.

[ec61975]

Sorry, I havn't been on for a few days.

I don't think that it matters whether it is a CA or the OC. I am assuming that those laws apply to any item that was disputed and deleted. Along with the ceritification of the information to have it re-inserted and the failure to notify the consumer (you) within 5 days of re-insertion.

Basically

Negative item on report

Disputed and not verified (Deleted)

Re-inserted in credit file without certification that it was true (violation FCRA)

Failure to notify Consumer of Re-insertion (violation FCRA)

Failure to Furnish Informatin suppliers name, address, phone (violation FCRA)

Failure to follow maintain reasonable proceedures to prevent re-appearance (violation FCRA)

It worked for me, good luck. I am getting ready to write (proof read) my last letter for the last negative account that I have to see if I can get it deleted. Especially since they reported me late last month and 22 months prior when the collection was paid 18 months ago. I am asking for them to cut a check for thier violations and deletion of the account.

[hotdami812]

Cha Ching