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They REFUSE to investigate !


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Hello all.

I have a question about the CRA's . I disputed a while back (aprox. jan 05) with a not mine/ no knowledge of account for a old TL . It came back verified. I waited about 6 months or so and disputed a different angle of the account. Again verified.

I tried to dipute online today ( and it's been well over a year since my last dispute in july 05) and it said basically they all ready did investigate so they wont do it again , If I have any relivant info send it to them then they will reinvestigate.

I'm at a loss as to what to do now. I have been working hard at cleaning and improving my credit (with alot of success thanks to the info. here) but im at a loss.

Thank you for any help.

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Well the dates keep changing on the TL so I know that part isn't correct. And when I disputed it , not even two days later it was verified and no longer listed in dispute , I mean they never work that fast.

I just don't know how to get around the " we all ready investigated it , give us more info" I mean I waited months and then almost a year so its not like I tried to do it all in one week !

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must have been experian, im experiancing the same thing. TU and EFX let me dispute over and over and over again. online, via phone, both ways. but with experian, i try online and it says "already disputed and verified". i called and the lady told me that they are only required to investigate once, and they did twice as courtesy to me, they wont any more. is that legal?

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  • 1 year later...
must have been experian, im experiancing the same thing. TU and EFX let me dispute over and over and over again. online, via phone, both ways. but with experian, i try online and it says "already disputed and verified". i called and the lady told me that they are only required to investigate once, and they did twice as courtesy to me, they wont any more. is that legal?

No, unless they've sent you the letter saying that it's frivolous within 5 days of their receipt of the dispute as per the FCRA.

Neither you nor the original poster will be able to dispute on line any more, but you can call them or write them with a dispute. Just remember you'll have to give them a different reason for the dispute.

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"...any relevant info..."

They're looking for documentation or some indication that you are not simply disputing each datafield in hopes of a suppression.

"...dates keep changing on the TL..."

The 'date last reported' changes each time the Data Furnisher sends info to the CRA. There's nothing illegal about this. It's typical, customary and SOP. The TL gets updated in response to your dispute(s), when PIF and per the DF's reporting policy. For some DF's that means each month like clockwork.

"...legal..."

Yes. They can refuse to investigate and designate all future disputes as frivolous per the FCRA. So if they ask for additional info without declaring it frivolous, send it or leave this be. If they slap the 'frivolous' designation on it, they won't take ANY additional disputes no matter what reason you provide.

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How can they not take any information if they mark it frivolous when I have additional documentation showing that it's not my account and the OC refuses to send me any verification of the debt. Not to mention TU changes the so called "verification" date on one account from 11/2007 to 10/2005 and marks it payment after collection when they can't ever report a payment history for me to show when or if I am late.

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"How can they..."

Because the law allows them to. From the FCRA 1681i, Subsection 611 "Procedure in case of disputed accuracy...(a)(3) Determination that dispute is frivolous or irrelevant...a consumer reporting agency may terminate a reinvestigation...if the agency reasonably determines that the dispute...is frivolous or irrelevant, including by reason of a failure by a consumer TO PROVIDE SUFFICIENT INFORMATION to investigate..."

Notice that Congress gave this discretion to the CRA's. It's their determination, not the consumer's. Clearly, Congress didn't want the onus to be placed on the CRA's. The language and intent goes back beyond the last amendment (FACTA 2003) perhaps all the way back to the original passage in 1970. FACTA did, however, provide a remedy for consumers in 1681s-2, Subsection 623(a)(8) "Ability of consumer to dispute information directly with the furnisher...". That section goes on to allow Data Furnishers to also designate disputes as 'frivolous' in (a)(8)(F) if they deem it 'reasonable'. A request for investigation under this section of the FCRA is different from a DV request made under the FDCPA. It requires supporting documentation. Since you have that, perhaps you simply need to re-word your correspondence.

Notice that in (a)(1)(D) {FACTA stuff is in blue} that inaccurate information has to come from somewhere other than "...allegations by the consumer...".

So many interesting things can be found in that law...

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But you just said it your yourself here "failure by a consumer TO PROVIDE SUFFICIENT INFORMATION to investigate". If your providing SUFFICIENT information and they still refuse they are in violation. And what is SUFFICIENT information? I had a court dismiss 2 cases against me because they found out it wasn't mine and TU told me they could accept the letter of documentation that I sent them for the 2 accounts.

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No, unless they've sent you the letter saying that it's frivolous within 5 days of their receipt of the dispute as per the FCRA.

Neither you nor the original poster will be able to dispute on line any more, but you can call them or write them with a dispute. Just remember you'll have to give them a different reason for the dispute.

I tried to dispute something with Experian over the phone and they would not do it. They said I had already disputed it. Does calling back and getting a different operator make a difference?

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I tried to dispute something with Experian over the phone and they would not do it. They said I had already disputed it. Does calling back and getting a different operator make a difference?

Disputing over the phone is fine - if you have other informaiton. Why not have the phone number or name of the person you want them to call OR better yet - why not send them a letter in writing to dispute?

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I sent them a letter disputing the debt, they refused to investigate saying they already investigated and verified the debt. I called them to dispute they entered the dispute and sent me the same generic form letter back stating that they "verified" the debt and found it frivolous. Sent TU a letter for MOV with documentation that the company that bought the debt (Arrow Financial) from them did an investigation and found out the debt wasn't mine and they removed the their TL off my credit report and TU still refused.

Then I called TU on the phone and was told even though I had documentation from Arrow Financial who bought the debt and "verified" it wasn't mine that TU could go by what Arrow Financial says they need a letter from WAMU/Providian the OC. When calling WAMU/Providian to try and get documentation they keep transferring me to Arrow Financial?

What am I supposed to do next file suit against TU & WAMU/Providian?

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"...found out the debt wasn't mine..."

Then why are you bothering with DV, disputes and requests for investigation? Send the paperwork required by the FCRA to legally aledge this isn't yours and be done with it. Anything associated with it will get permanently blocked (not just suppressed) from appearing on your CR. The full list can be found in 1681c-2, Subsection 605B.

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Ok, I go and file the paperwork for Identity Theft and have it supressed on my CR but then everytime I wan't credit or anything I have a big Extended fraud alert standing out on my CR.

I'll still a little confused by it if you could help me. Hopefully someone could answer this question for me if Providian is reporting it as a paid after charge off collection that's means that they wrote it off for tax purposes and then when Arrow Financial bought it they got paid some type of money which somehow dosen't violate the law in some way?

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FA is temporary, lasts only 90 days and is no big deal. I caled my CU and got a CC today with my FA in full force. The CSR told me he 'might' have to call the number listed. What number? My phone # as listed in my consumer file? {EX has both my cell and parents numbers ack!} But he just confirmed standard security data and away it went...

"...violate..."

Not from what you describe. But a potential violation is beside the point. I thought you wanted this off your CR? If so, send the ID Theft/Fraud paperwork. Then, who cares if Providian or Arrow violated? You achieve your goal easily, quickly and absolutely. You can kvetch about this showing or deal with it efficiently. I know which one I'd choose.

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What I just did was call A SEMI-HELPFUL WOMAN. Believe me, I have her phone number in my phone directory on my cell phone! Anytime there is an issue I call her. I don't call the regular guys to dispute with Experian anymore.

When I talked to her on the phone. I explained that I have read the FCRA, and that no where in there does it say that "already investigated" is a valid reason to not initiate a dispute.

Now she could have called it frivolous, and I would not have been able to do anything about it, unless I filed suit, but she didn't do that. She went ahead and put it in dispute. PTL.

There is a fraud alert on Experian. So maybe that helped.

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What I just did was call Anna Simmons. Believe me, I have her phone number in my phone directory on my cell phone! Anytime there is an issue I call her. I don't call the regular guys to dispute with Experian anymore.

When I talked to her on the phone. I explained that I have read the FCRA, and that no where in there does it say that "already investigated" is a valid reason to not initiate a dispute.

Now she could have called it frivolous, and I would not have been able to do anything about it, unless I filed suit, but she didn't do that. She went ahead and put it in dispute. PTL.

There is a fraud alert on Experian. So maybe that helped.

Damn Joseph, you workin it! lol. Share that contact love! xangelx

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