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Really need HELP about FCRA 30 day Verifying Law !


tmac01
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Okay I have been at this for about a year and a half and I am down to 2 negs ( both Providian) on my TU and EX CR and a new CA on my once perfectly clean EQ CR from RMA from Direct TV for $72. This makes me so mad because this is absolutely not my TL. Heres my question: I asked EQ (CSC) to verify the RMA account and to also verify like 6 inquiries and here we are 35 days later and they have done absolutely nothing. In the past they never argued one bit they just deleted the neg. TL immediately. Okay I need to send them a good letter and I want to quote their FCRA violation for not verifying this neg. TL within the 30 day alloted time frame. I have searched the FCRA Laws and with all the new stuff I can't find where it actually states that they have 30 days, can anyone help ? What should my letter to EQ say ? They have become tougher so I think its time for me to as well...I hope someone can help me... :)

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Okay, being here for 1 yr, you should know that CRAs don't "validate"; they're only required to investigate your disputes.

Are you sure that they received your disputes? Is the TL being reported as "in dispute"?

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

(a) Reinvestigations of disputed information.

(1) Reinvestigation required.

(A) In general. Subject to subsection (f), if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

Here's a sample letter for sending to the CRAs: http://www.creditinfocenter.com/forms/sampleletter2.shtml

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This same thing just happened to me but with Experian. I sent the dispute letter CMRRR and they allowed themselves 38 days to verify with the credit furnishers. I'm still in a battle over it. I'm thinking that unless you include in your dispute letter that they have 30 days to verify, that they will just ASSUME you used the free annual credit report, thus giving themselves 45 days. I'm not saying that's what you did, but I think it is a new strategy they have now. Have you called them?

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Okay Earthangel good point...I know CA's have to validate which is Debt validation...sorry for the mixup. But thats a good question "have they received my dispute letter ?" to answer that "YES !!!!" I have the green slip that they received it on May 29th and it was signed for. But it still shows as unpaid on my CR...WHY ? and isn't that a violation ? What_Now I always state in the letter that they have 30 days to Verify this account or they will be in violation of the FCRA. The CRA's cannot assume that you purchased a free CR to give them an extra 45 days trust me they know...So what now ?

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Call them! Do not send a letter because you'll be giving the credit furnisher more time to respond. And if they do respond (even after the 30 days are up and the CB hasn't officially closed their investigation), you can quote the "30 days to verify law" until you're blue in the face - they won't budge! Call them. Be very very polite and humble. Don't quote the law, but tell them the 30 days are up and you would like to know the results of their investigation. You have a much better chance this way.

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what_Now thank you for your advice and I have played both sides of the page. First off CSC usually about 90% of the time has a recording that states that their in training so they cannot answer the phone at this time so please call back later. I have heard that they (EQ-CSC) blackball your phone number once they see that you are calling them or you have disputed in the past. As for calling I guess I would consider myself a decent actor. I have played the very nice guy, the very knowledgeable consumer knowing all the laws and my rights, the very angry not so knowledgeable consumer, you name it and they never delete. They just keep saying "we will redispute it.." I have said " you had 30 days and you could not verify this account as being mine so please delete it.." I have had luck on the phone once when I tricked EQ. I called and disputed a TL and of course they told me No and Sorry but I got the girls name. I called back 2 days later and told them that Susie had told me just two days ago that the TL would be deleted immediately because the 30 days had surpased and the CA could not verify the account. Of course she did not tell me this but seeing that the TL could not be verified and since Susie said she would delete it they did. Now when I tried this again they were ready for me. What_Now if you read through this site some will agree with you and some will disagree. One thing though is to never call a CA now a CRA it just depends...Thanks my friend... :)

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